Compulsory Acquisition of Land

FORM OF NOTICE OF A COMPULSORY PURCHASE ODRER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966, AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960, TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACTS 2000 – 2007.

COMPULSORY ACQUISITION OF LAND

SLIGO BOROUGH COUNCIL COMPULSORY PURCHASE (No. 1) ORDER 2009

Sligo Borough Council (hereinafter referred to as “the local authority”) in exercise of the powers conferred upon it by section 76 of the Housing Act, 1966, and the Third Schedule thereto, as extended by section 10 of the Local Government (No.2) Act, 1960 as substituted by section 86 of the Housing Act, 1966 as amended by Section 6 and the Second Schedule to the Roads Act, 1993 as amended by Section 5 of the Roads (Amendment) Act 1998 and as amended by section 222 of the Planning and Development Act, 2000, and pursuant to the powers conferred on it by the Planning and Development Acts 2000 – 2007 and in particular section 213 of the Planning and Development Act 2000, has made an order entitled as above which is about to be submitted to An Bord Pleanála (hereinafter called “the Board”) for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the leasehold interest in the land (“the land”) described in Part I of the Schedule hereto for the purposes of orderly and co-ordinated development and in accordance with the provisions of the Centre Block Masterplan 1999 and Sligo and Environs Development Plan 2010 – 2016.

Owners, lessees and occupiers of the land, as appropriate, described in the Schedule hereto will receive individual written notice.

The order will also authorise the local authority to extinguish the public rights of way described in Part II of the Schedule hereto, by order made by it after it has acquired the land, where the said public rights of way are over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof.

Any objections to the extinguishing of the said public rights of way should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1, within 6 (six) weeks of the publication of this notice. (NOTE: In relation to service of Notice over the Christmas section 251 of the Planning and Development Act 2000-2007 provides that the period between 24 December and 1 January, both days inclusive, shall be disregarded.)

The board cannot confirm –

1. A compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn;
2. An order which authorises the extinguishment of a public right of way if there is an objection to the extinguishment, which is not withdrawn;
   until it has considered the objection.

An Bord Pleanála has an absolute discretion under Section 218 of the Planning and Development Act, 2000 (as amended) to hold an oral hearing.

Before making its decision on an application to confirm the Compulsory Purchase Order, the Board must consider any objection made and not withdrawn, any additional submissions or observations made pursuant to a request by the Board under Section 217A of the Planning and Development Act, 2000 (as amended), any report of the person who held the oral hearing if such an oral hearing takes place.

A copy of the order and of the map referred to in it may be seen at all reasonable hours at the offices of Sligo Borough Council, City Hall, Sligo. 
 

SCHEDULE
Part II

Description of public rights of way proposed to be extinguished.

Any and all public rights of way and all other rights over and across all the areas shaded grey, in the Townland of Knappagh Beg in the District Electoral Division of Sligo West and the County of Sligo, shown on drawing No. 0938/CPO/01 of the deposited map.

Dated this 23rd day of December 2009.

Paula R. Gallagher,
Acting Director of Services.