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Functions of the Board: Compulsory Acquisition of Land Cases

Compulsory Acquisition of Land Cases (section 214 of Planning and Development Acts)

The Board’s involvement as the deciding authority in respect of compulsory acquisition of land originated in the 2001 transfer of functions from the Minster to the Board in respect of local authority compulsory acquisition under various enactments.

The Board’s functions in respect of compulsory acquisition have since expanded further and now include all of the following types of cases.

Housing Act 1966 Compulsory Purchase Order (section 76 and Third Schedule)

Application to the Board by a local authority for confirmation of a compulsory purchase order (CPO) (a local authority can activate the CPO process (as set out in the 1966 Act) for any of the purposes under its remit for which it can exercise powers of compulsory acquisition). The CPO is the most common procedure used by local authorities to authorise compulsory acquisition of land.

Derelict Sites Act 1990 (sections 14, 15 and 16)

Application by a local authority to the Board for consent to the compulsory acquisition of a derelict site.

Water Supplies Act 1942(section 8, 9 and 10)

Application by a sanitary authority to the Board for a provisional order to authorise a proposal to take a supply of water from a source of water.

Local Government (Sanitary Services) Act, 1964 (section 8)

Application by a sanitary authority to the Board for consent to compulsory acquisition of land which is or was a dangerous place.

Public Health (Ireland) Act, 1878(section 203)

Petition by a sanitary authority to the Board for a provisional order to authorise compulsory acquisition of land.

Planning and Development Act 2000 Section 73

Application by a planning authority to the Board for consent to the compulsory acquisition of a protected structure.

Planning and Development Act 2000 Section 83

Application by a planning authority to the Board for consent to the compulsory acquisition of a structure or other land within an architectural conservation area.

Gas Act 1976 Section 32 (section 215A of the Planning and Development Act 2000 as amended)

Application to the Board for an acquisition order to authorise any compulsory acquisition of land or right over land in respect of the construction or operation of a gas pipeline which is a strategic gas infrastructure development.

Gas Act 1976 Section 31(section 215A of the Planning and Development Act 2000 as amended)

Application to the Board for permission to construct, maintain, repair or replace a gas pipeline which is a strategic gas infrastructure development within approved deviation limits.

Air Navigation and Transport (Amendment) Act 1998 Section 17

Application by the Dublin Airport Authority to the Board for an acquisition order for purposes relating to development of or at State Airports (as set out at Section 18 of the 1998 Act).

Harbours Act 1996 Section 16

Application by a Harbour Company to the Board for an acquisition order to authorise compulsory acquisition of land for harbour related development.

 

Compulsory acquisition of land cases under various enactments for developments which are classified as strategic infrastructure development.

Any separate compulsory acquisition cases which are for the purpose of facilitating a proposed development which is a strategic infrastructure development are also classified as strategic infrastructure development (see compulsory acquisition cases above). Note that any proposals for compulsory acquisition of land for the purposes of a proposed road scheme (as defined in section 47 of the Roads Act 1993) or railway works the subject of a railway order are incorporated in the relevant road scheme approval application or the relevant railway order application.