Local Government (Planning and Development) Act, 1963

Disposal of land by planning authority.

75.—(1) Any land acquired for the purposes of or appropriated under this Act by a planning authority may be sold, leased or exchanged subject to such conditions as they may consider necessary in order to secure 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 to secure the construction, erection, making or carrying out of any structures or works appearing to them to be needed for the proper planning and development of their area.

(2) The consent of the Minister shall be requisite for any sale, lease or exchange under subsection (1) of this section—

(a) in case the price or rent, or what is obtained by the planning authority on the exchange, is not the best reasonably obtainable, or

(b) in case the development proposed for the land would contravene materially the development plan,

but, save as aforesaid, shall not be requisite notwithstanding the provisions of any other enactment.

(3) Capital money arising from the disposal of land under subsection (1) of this section shall be applied for a capital purpose for which capital money may be properly applied.

(4) (a) Where, as respects any land acquired for the purposes of or appropriated under this Act by a planning authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) Neither the Landlord and Tenant Acts, 1931 and 1958, nor the Rent Restrictions Act, 1960 , shall apply in relation to a lease granted as aforesaid for the purposes of this subsection.