Services to local authorities
The Land Development Agency can provide services to local authorities, located in the area of a town the population of which is equal to or greater than 30,000, in relation to land owned by the local authority to assist the local authority in the performance of its functions. There is a he process by which a local authority can request the services of the Agency, how the Agency determines if it can provide these services, and, where applicable, a Ministerial direction can be made. The Minister determinew the terms under which such Agency services are provided to local authorities.
Register of Relevant Public Land
The Agency will establish a register of all relevant public lands (lands owned by relevant public bodies in areas with a population greater than 10,000). The Property Registration Authority, Valuation Office and Ordnance Survey Ireland and relevant public bodies are obliged to provide information to the Agency to maintain the Register. The Register is to be publicly available on the Agency’s website.
The relevant public bodies must co-operate with the Agency in relation to its functions relating to the relevant public land of the body. It details the information that the Agency can request from a public body and also provides that the Agency may, with the agreement of a relevant public body, enter onto any relevant public land to carry out surveys or inspect the site.
The Agency is to l submit reports to the Government every 2 years on relevant public lands and land owned by the Agency. The report shall include information on such lands assessed by the Agency to be fit for the purposes of the Act. The first report is submitted within 1 year of the commencement of this Section.
A relevant public body shall not dispose of land unless the body has offered the land for sale to the Agency in the first instance. The Agency shall assess whether the land is fit for use for the purposes of the Act and can decide to acquire or refuse to acquire the land.
The Government having considered the report made can direct that land of a specified public body shall be acquired by the Agency.
Where relevant public land is being acquired by the Agency, the relevant public body shall receive the market value for the land, taking into account the requirement in relation to the development of houses on relevant public land in Part 9. It also provides that the Minister can prescribe how the market value of the land shall be determined where there is no agreement between the Agency and the relevant public body.
Where a decision has been made to transfer relevant public land to the Agency, the Minister may by vesting order transfer the land to the Agency. The Agency may with Ministerial consent dispose of land where it is no longer required by it for the performance of its functions.
The Planning and Development Act 2000 and Section 183 of the Local Government Act 2001 procedures do not apply to the disposal of land owned by a local authority to the Agency.
The Agency may acquire land compulsorily where the land is required to provide access to relevant public land or land owned by the Agency or to facilitate the provision of infrastructure required by housing on relevant public land or land owned by the Agency. It may only acquire such land compulsorily if it has first made a reasonable attempt to acquire the land by agreement.
The Agency shall apply to the Court for an order where it proposes to acquire land compulsorily.
Notice of intention to apply to Court for order
The Agency publishes a notice of an application in a daily newspaper in the form (if any) prescribed by the Minister. The Agency will, so far as is reasonably practicable, serve a copy of the initial notice on every person who appears to have an interest in the land concerned. This is intended to allow the holder of an interest the opportunity to object to the proposed acquisition. It will cause maps, plans and books of reference to be deposited for inspection at such place or places as the Agency considers suitable.
A person claiming an estate or interest in land may lodge an objection with the Court within 21 days after publication of the initial notice. The Court will consider any objection to the application of the Agency.
The circumstances in which the Court will make an order authorising the Agency to compulsorily acquire land are set out. It is to make an order if is satisfied that—
- the Agency has reasonably formed the above opinion and the above condition has been satisfied by the Agency,
- the Agency has demonstrated that the land it seeks compulsorily to acquire will be used for at least one of the purposes specified or in the performance of at least one of the functions referred to in that subsection, and
- it is just and equitable in all the circumstances to make the order.
Where an acquisition order has been made, the Agency may serve a notice on every owner, lessee and occupier of the land (except tenants for a month or shorter period) stating that the Agency is willing to treat for the purchase of interests in the land. It also provides for related matters.
The Agency has power to take possession of land, subject to certain conditions.
The amount of compensation to be paid by the Agency for land will in default of agreement be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919. It also provides for related matters.
The circumstances under which the Court may make a compulsory transfer order vesting land in the Agency are set out.
Where the Agency becomes aware before the making of a compulsory transfer order that a person from whom an estate or interest in land to be transferred is subject to a liability for estate duty, succession duty or inheritance tax, the Agency will notify the Revenue Commissioners of the Court’s intention to make the order.
The effect of the compulsory transfer order is to vest the specified land in the Agency on a date specified in the order.
Upon the completion of a compulsory acquisition otherwise than by compulsory transfer order, all rights or easements in or relating to the land will (except so far as otherwise agreed) vest in the Agency without any conveyance or transfer. A person who suffers loss by the vesting of such a right or property is entitled to be paid compensation by the Agency determined in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919.
The provisions of Part 4 of the Land Development Agency Act 2021 apply to an application for permission for a development of 10 or more dwellings on land that is relevant public land on the day this provision comes into operation. The Government may, by order, exempt certain relevant public land from the provisions of this Part where the land is owned by a body that is required to act in a commercial manner, is referred to in Schedule 3 to the Grangegorman Development Agency Act 2005 and owned by the Technological University Dublin, or is owned by a local authority that wishes to dispose of land for the purposes of the performance of its public functions.
As a condition of a grant of permission, the applicant must enter into an agreement with the planning authority to provide 50% of the housing for cost rental dwellings or dwellings for sale at a price set as below.
Where there is a dispute in relation to an agreement it can be referred to An Bord Pleanála for determination.
The Minister may set a percentage of housing higher or lower than that set out above and may also set different percentages for different geographical or administrative areas.
Dwellings provided shall be below the prevailing market price or market rent. Prevailing market price is the median purchase price in the relevant administrative or geographical area based on the Residential Property Price Index published by the CSO and the prevailing market rent is the standardised median rent for the relevant administrative or geographical area according to the Rent Index published by the Residential Tenancies Board. It further provides that the Minister may prescribe the price or a method for calculating the price and may prescribe different prices for different geographical or administrative areas.
Arrangements may be made between the Land Development Agency (LDA) and a housing authority which would see a housing authority advertise, select and prioritise eligible purchasers for homes being sold by the LDA. Selection and prioritisation are n accordance with the scheme of priority applicable to the housing authority area within which the LDA has developed affordable homes for sale.
The LDA would sell the homes directly to the purchasers, and all other matters, including charges on the property, would be arranged between the LDA and the purchasers. The housing authority’s role here would be limited to those matters detailed in the section.