Local Government (Planning and Development) Act, 1976

Enforcement of planning control (open spaces).

25.—(1) Where—

(a) development is being or has been carried out pursuant to a permission under section 26 of the Principal Act, and

(b) (i) a condition requiring the provision or maintenance of land as open space, being open space to which this section applies, was attached to the permission, or

(ii) it was either explicit or implicit in the application for the said permission that land would be provided or maintained as such open space, and

(c) the planning authority have served on the owner of the land a written request that, within a period specified in the request (being a period of not less than two months commencing on the date of the request), he will provide, level, plant or otherwise adapt or maintain such land in a manner so specified, being a manner which in their opinion would make it suitable for the purpose for which the open space was to be provided, and

(d) the owner fails to comply or to secure compliance with such request within the period so specified,

the planning authority may, if they think fit, publish in a newspaper circulating in the district a notice (subsequently in this section referred to as an acquisition notice) of their intention to acquire the land by order under this section and the acquisition notice shall specify a period (being a period of not less than two months commencing on the date on which the notice is published) within which an appeal may be made under this section.

(2) Where a planning authority publish an acquisition notice, they shall serve a copy of the notice on the owner of the land to which the notice relates not later than ten days after the date of the publication.

(3) Any person for the time being having an interest in the land to which an acquisition notice relates may within the period specified in the notice appeal—

(a) in case the appeal is made before the appropriate day, to the Minister,

(b) in case the appeal is made on or after the appropriate day, to the Board.

(4) Where an appeal is brought under this section, the Minister or the Board, as may be appropriate, may—

(a) annul the acquisition notice to which the appeal relates, or

(b) confirm the acquisition notice, with or without modification, in respect of all or such part of the relevant land as the Minister or the Board considers reasonable.

(5) In case a planning authority publish an acquisition notice and either—

(a) the period for appealing against the notice has expired and no appeal has been taken, or

(b) an appeal has been taken against the notice and the appeal has been withdrawn or the notice has been confirmed whether unconditionally or subject to modifications, the planning authority may make an order in the prescribed form which order shall be expressed and shall operate to vest the land to which the acquisition notice, or, where appropriate, the acquisition notice as confirmed, relates in the planning authority on a specified date for all the estate, term or interest for which immediately before the date of the order the said land was held by the owner together with all rights and liabilities which, immediately before the said date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under paragraph (c) of subsection (1) of this section.

(6) Where a planning authority have acquired by an order under this section land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

(7) When a planning authority make an order under this section in relation to any land, they shall send the order to the registering authority under the Registration of Title Act, 1964 , and thereupon the registering authority shall cause the planning authority to be registered as owner of the land in accordance with the order.

(8) Where a claim is made for compensation in respect of land to which an order under this section relates and the matter falls to be determined by arbitration in pursuance of section 68 of the Principal Act, the following provisions shall apply:

(a) unless it is shown by or on behalf of the owner that an amount equal to the value of the land to which the relevant permission under section 26 of the Principal Act relates, being that value at the time when the application for the permission was made, as a result of the development has not been recovered and as a further such result will not in the future be recoverable by disposing of the land which is land to which the permission relates and which is not land to which the order relates, the arbitrator shall make a nil award, and

(b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as open space and a deduction shall be made in respect of the cost of carrying out such works as may be necessary to comply with the request made pursuant to paragraph (c) of subsection (1) of this section.

(9) A planning authority shall enter in the register—

(a) particulars of any acquisition notice published by them,

(b) the date and effect of any decision on appeal in relation to such notice,

(c) particulars of any order made under this section,

and every such entry shall be made within the period of seven days commencing on the day of publication, receipt of notification of the decision or the making of the order, as may be appropriate.

(10) This section applies to any form of open space (whether referred to as open space or by any other description in the relevant application for a permission or in a condition attached to the relevant permission) being land which is not described in the said application or condition either as private open space or in terms indicating that it is not intended that members of the public are to have resort thereto without restriction.