{"id":4370,"date":"2018-09-24T16:19:09","date_gmt":"2018-09-24T16:19:09","guid":{"rendered":"https:\/\/legalblog.ie\/atypical-cpo\/"},"modified":"2018-09-24T16:19:09","modified_gmt":"2018-09-24T16:19:09","slug":"atypical-cpo","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/atypical-cpo\/","title":{"rendered":"Various CPO Provisions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#Standard_Housing_Act_Procedure\" title=\"Standard (Housing Act) Procedure\">Standard (Housing Act) Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#2000_Act_Reforms_Local_Authorities\" title=\"2000 Act Reforms; Local Authorities\">2000 Act Reforms; Local Authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#Other_Procedures\" title=\"Other Procedures\">Other Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#2000_Act_Reforms_Other_Procedures\" title=\"2000 Act Reforms; Other Procedures\">2000 Act Reforms; Other Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#Confirmation_by_An_Bord_Pleanala\" title=\"Confirmation by An Bord Pleanala\">Confirmation by An Bord Pleanala<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/atypical-cpo\/#Compensation\" title=\"Compensation\">Compensation<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Standard_Housing_Act_Procedure\"><\/span>Standard (Housing Act) Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are differing substantive and procedural rules which may apply to compulsory acquisition and the assessment of compensation by various bodies under different legislation. The most commonly used compulsory purchase procedure is that provided by the Housing Act (which incorporates certain parts of the Land Clauses Consolidation Act).<\/p>\n<p>The procedure is in no way limited to housing acquisitions. It applies to a broad range of local authority functions and is applied to acquisitions by other public bodies by the terms of their relevant legislation. The Acquisition of Land (Assessment of Compensation) Act 1919 applies to most assessments of compensation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2000_Act_Reforms_Local_Authorities\"><\/span>2000 Act Reforms; Local Authorities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Land which is vested in a local authority for its functions under any enactment may be appropriated for any other statutory purposes.\u00a0 Where land is vested in a local authority by means of compulsory acquisition under an enactment, no claim may be made for compensation or additional compensation, nor may the acquisition be challenged on account of such appropriation.<\/p>\n<p>Where land is acquired or appropriated, the local authority may sell, lease or exchange it, subject to such conditions as it sees fits, where it no longer requires the land.\u00a0 This may be done to secure the best use of that land. The consent of the Minister is required for any such sales. The property may be leased or exchanged.\u00a0 The sale, lease or exchange must be on the best terms obtainable.\u00a0 The sale proceeds are not ring-fenced.<\/p>\n<p>The local authority may for the purpose of any of its functions, including the implementation of the development plan or housing strategy, acquire land temporarily or permanently, by agreement or compulsorily.\u00a0 It may acquire easements, wayleaves and other rights or any strata or substrata of lands.\u00a0 It may restrict or interfere with any such easements.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Procedures\"><\/span>Other Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There exists a range of other legislation which provides for acquisition procedures, which differ from the Housing Act procedures.\u00a0 Most legislation incorporates the Acquisition of Land, (Assessment of Compensation) Act 1919, but in some such cases, the relevant legislation provides alternative arrangements and procedures for the assessment of compensation.\u00a0 Most acts incorporate the Land Clauses Consolidation Act, 1845.\u00a0 In some cases, it is optional.<\/p>\n<p>Compulsory purchase provisions were provided for in numerous private acts of Parliament passed in the nineteenth in order to facilitate various works of a public nature. The powers were most commonly granted to private promoters (often described as undertakers) and embryonic public authorities and bodies. The promoters were typically bodies such as railway builders, town gas providers, water and sewage providers.<\/p>\n<p>The Land Clauses Consolidation Act 1845 was a model Act which made provision for compulsory acquisition of land by both public authorities and private undertakers. Later legislation requiring powers of compulsory acquisition, usually, but not always,\u00a0 \u00a0incorporated the Land Clauses Consolidation Act provision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2000_Act_Reforms_Other_Procedures\"><\/span>2000 Act Reforms; Other Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The functions of the Minster in relation to the compulsory acquisition of land by a local authority under the following enactments are transferred to An Bord Pleanala.\u00a0 Reference in other legislation to the Minister and local enquiry and refers to the Board and to the hearing conducted by the appointed inspector, \u00a0This includes the Public Health Act, most Local Government Acts, the Housing Act, the Sanitary Services Act, the Roads Act and the Derelict Sites Act<\/p>\n<p>Where a compulsory purchase order is made in respect of acquisition of land by a local authority under any of the above enactments, and objections are received by the Board or local authority, objections which are made or withdrawn or where the Board is of the opinion that any objection relates exclusively to matters dealt with by the property arbitrator, the Board shall inform the local authority, which shall \u00a0as soon as may be, \u00a0confirm the order, with or without modification or may refuse to confirm it.<\/p>\n<p>The 2000 legislation amends some of the time limits under various legislation in respect of objections.\u00a0 They include the following,<\/p>\n<ul>\n<li>Water Supplies Act; six weeks<\/li>\n<li>Sanitary Services Act, six weeks<\/li>\n<li>Housing Act (S. 216) six weeks<\/li>\n<li>Roads Act; six weeks<\/li>\n<li>Housing Act (s.78); twelve weeks<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Confirmation_by_An_Bord_Pleanala\"><\/span>Confirmation by An Bord Pleanala<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where under any legislation, the board is required to hold a local enquiry or public local enquiry, the Board is obliged to hold an oral hearing. \u00a0An oral hearing in relation to compulsory acquisition may be heard in parallel with an hearing in relation to proposed development by a local authority (which must comply with the statutory consultation procedures under the Planning and Development Act).<\/p>\n<p>Similarly, where the\u00a0 application for approval is made to the Board in relation to confirmation of an Environmental Impact Assessment, and there is a compulsory acquisition procedure in relation to the same development, the two may be heard in parallel by the Board.<\/p>\n<p>It is the duty of the Board is to ensure that its functions are fulfilled and completed as expeditiously as possible, and to take all steps to ensure that there are no avoidable delays at any stage in the determination. \u00a0The provisions of the Planning Acts in relation to time limits apply.\u00a0 It is an objective to ensure the matter is determined within 18 weeks of the last day for making observations.<\/p>\n<p>Where it appears to Board that it is not appropriate or possible, because of circumstances to determine matters within \u00a0the time limits, the Board is to inform the interested parties, including persons person who have submitted observations and objections.\u00a0 The Minister may prescribe other periods for different classes and matters. The Minister may vary the requisite periods by order.<\/p>\n<p>A decision of the Board to confirm the order \u00a0shall become operative three weeks from the date in which notice is first published. The Authority\u00a0 must \u00a0serve the notice to treat within 18 months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compensation\"><\/span>Compensation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 1919 Act provides for a procedure for compensation procedure whereas the 1845 Act deals with the substantive criteria for compensation.\u00a0 In the absence of incorporating the 1845 Act, the criteria for and a basis for assessment of compensation is interpreted in accordance with the relevant legislation and in accordance with first principles.<\/p>\n<p>The fundamental principle of compensation is that the party who has been injured or damaged, should be put into the same position, in so far as money can do so, which would have applied, had the acquisition not taken place. \u00a0\u00a0He must take all reasonable steps to minimise his loss.<\/p>\n<p>The service of a notice to treat usually fixes the interest which is to be acquired, and the valuation date. It triggers obligations on the owner to submit his claim.\u00a0 The authority may be entitled withdraw the notice within in a certain period. The valuation date is the reference date on which compensation is to be determined, The valuation date may be earlier, if possession is taken in advance of the service of the notice to treat<\/p>\n<p>Most legislation gives the owner an entitlement to interest from the date on which possession is taken.\u00a0 Some legislation does not refer to interest at all.<\/p>\n<p>Under the 1919 Act, either party may refer a dispute to \u00a0the reference committee in relation to the \u00a0nomination of a property arbitrator, after the expiration of 14 days from the notice to treat. Anomalies \u00a0may arise where relevant act incorporates the 1919 Act but does not incorporate the notice to treat procedure.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-4370\" data-postid=\"4370\" class=\"themify_builder_content themify_builder_content-4370 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Standard (Housing Act) Procedure There are differing substantive and procedural rules which may apply to compulsory acquisition and the assessment of compensation by various bodies under different legislation. The most commonly used compulsory purchase procedure is that provided by the Housing Act (which incorporates certain parts of the Land Clauses Consolidation Act). The procedure is [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[306],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4370"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4370"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4370\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}