Derelict Sites Act 1990

Objection to compulsory acquisition of derelict site.

16

16. (1) Any of the persons upon whom notices of the proposed compulsory acquisition of a derelict site have been served may, within the time and in the manner specified in the notices, submit to the local authority an objection to the proposed compulsory acquisition referred to in the notice.

(2) An objection to the proposed compulsory acquisition of any derelict site may be withdrawn by the person who made it, by notice in writing sent to the local authority.

(3) Where in relation to the proposed compulsory acquisition of any derelict site by a local authority an objection is made to the local authority in accordance with subsection (1) and is not withdrawn, the derelict site shall not be acquired compulsorily by the local authority without the consent of the Minister.

(4) An application by a local authority for the consent of the Minister to the compulsory acquisition of any derelict site under this Act shall be made within one month after the expiry of the time within which objection to the proposed acquisition may be made and shall be accompanied by the relevant map, the objection duly made to the local authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn, the comments of the authority (if any) on the objection and such other documents and particulars as may be prescribed.

(5) On receipt of the comments of the authority (if any) referred to in subsection (4), the Minister shall, by notice served on the person who made the objection send a copy of such comments to that person who may, within twenty-one days from the date of the service of the notice, make observations to the Minister in relation to the comments.

(6) On an application under subsection (4), in relation to any derelict site referred to in a notice published by a local authority under section 15 , the Minister may, as he thinks fit, grant or refuse to grant his consent to the compulsory acquisition of all or part of the derelict site.

Annotations:

Modifications (not altering text):

C5

Term “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(g), S.I. No. of 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(g) the references to the Minister in sections 16 and 17 of the Derelict Sites Act 1990, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

C6

Additional particulars specified (20.12.2000) for application under subs. (4) by Derelict Sites Regulations 2000 (S.I. No. 455 of 2000), reg. 5.

Application for consent of An Bord Pleanála to compulsory acquisition of derelict site.

5. An application by a local authority under section 16 of the Act (as amended by Section 214 of the Act of 2000) for the consent of An Bord Pleanála to the compulsory acquisition of any derelict site shall be accompanied by, in addition to the documents and particulars specified in subsection (4) of that section:—

(a) a copy of the newspaper or newspapers in which notice of the intention of the local authority to acquire the derelict site compulsorily was published in accordance with section 15 (1) (a) of the Act, and

(b) a copy of the notice of intention to acquire the derelict site compulsorily served by the local authority in accordance with section 15 (1) (b) of the Act.

Editorial Notes:

E31

Previous affecting provision: additional particulars specified for application under subs. (4) (25.07.1990) by Derelict Sites Regulations 1990 (S.I. No. 192 of 1990), reg. 5; revoked (20.12.2000) by Derelict Sites Regulations 2000 (S.I. No. 455 of 2000), reg. 7.