Planning and Development Act 2000

Disposal of land by local authority.

211

211.—(1) Any land acquired for the purposes of or appropriated under this Act or any other Act or acquired otherwise, by a local authority, may be sold, leased or exchanged, subject to such conditions as it may consider necessary where it no longer requires the land for any of its functions, or in order to secure—

(a) the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or

(b) the construction, erection, making or carrying out of any structures or works appearing to it to be needed for the proper planning and sustainable development of its functional area.

(2) The consent of the Minister shall, subject to subsection (3), be required for any sale, lease or exchange under subsection (1) in case the price or rent, or what is obtained by the local authority on the exchange, is not the best reasonably obtainable, but in any other case, shall not be required notwithstanding the provisions of any other enactment.

(3) The Minister may by regulations provide for the disposal of land under subsection (1) without the consent of the Minister as required by subsection (2) in such circumstances as may be specified in the regulations and subject to compliance with such conditions (including conditions for the giving of public notice) as may be so specified.

(4) Capital money arising from the disposal of land under subsection (1) shall be applied for a capital purpose for which capital money may be properly applied F949[, or for such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances].

(5) (a) Where, as respects any land acquired for the purposes of or appropriated under this or any other Act or acquired otherwise by a local authority, the authority considers that it will not require the use of the land for any of its functions for a particular period, the authority may grant a lease of the land for that period or any lesser period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) The Landlord and Tenant Acts, 1967 to 1994, shall not apply in relation to a lease granted under paragraph (a) for the purposes of this subsection.

Annotations

Amendments:

F949

Inserted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(i), S.I. No. 458 of 2001.

Modifications (not altering text):

C133

Prospective affecting provision: application of subs. (2) restricted by Land Development Agency Act 2021 (26/2021), s. 58, not commenced as of date of revision.

Provision relating to local authority land under this Part

58. Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal by a local authority to the Agency under this Part of relevant public land owned by the local authority which land—

(a) is situated—

(i) in the local authority area in respect of which a development plan is in force, or

(ii) in the functional area, within the meaning of the Act of 2000, of, or any particular area within the functional area of, a planning authority in respect of which a local area plan is in force,

and

(b) is zoned for solely residential use or a mixture of residential and other uses in, as the case may be, the development plan or local area plan.

C134

Prospective affecting provision: application of subs. (2) restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 27, not commenced as of date of revision.

Non-application of certain provisions to disposals for purposes of this Chapter.

27.—Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority.

C135

Application of subs. (2) restricted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 22(2), S.I. No. 450 of 2021.

Relationship with other enactments

22. ...

(2) Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible applicant under an affordable dwelling purchase arrangement.

...

C136

Application of subs. (2) restricted (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 83(5), S.I. No. 206 of 2018.

Affordable dwelling purchase arrangements.

83.— ...

(5) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement.

...

C137

Application of subsection (2) restricted (27.07.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 25(4), commenced on enactment.

Sale of house to tenant

25.— ...

(4) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 do not apply to the sale of a house under this Part.

...

C138

Application of subs. (2) restricted (1.01.2010 and 1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 45(5) and 64(10), S.I. No. 540 of 2009 and S.I. No. 680 of 2011.

Sale of dwelling by incremental purchase arrangement.

45.— ...

(5) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section.

...

64.— ...

(10) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of an apartment to a tenant in accordance with this Part.

Editorial Notes:

E395

Previous affecting provision: application of subs. (2) restricted by Housing Act 1966 (21/1966), s. 90(4A) as inserted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 1 item 1; deleted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(a), S.I. No. 482 of 2015.