Urban Renewal Act , 1986

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Urban Renewal Act, 1986.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;

“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in him, in the opinion of the Minister might be concerned with or interested in the matter in question;

“the Authority” has the meaning assigned to it by section 8;

“the Board” means the Dublin Port and Docks Board;

“company” means a company within the meaning of section 2 of the Companies Act, 1963;

“Custom House Docks Area” has the meaning assigned to it by section 3;

“designated area” has the meaning assigned to it by section 6;

“development plan” means a development plan within the meaning of the Act of 1963;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“functions” includes powers and duties;

“land” includes any structure and any land covered with water and any estate, right or other interest in, on or over land or water, including any wayleave or other easement;

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

“the Minister”, except where the context otherwise requires, means the Minister for the Environment;

“planning authority” means a planning authority for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1983;

“statutory body” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

(d) a harbour authority within the meaning of the Harbours Act, 1946,

(e) a health board established under the Health Act, 1970,

(f) a vocational education committee within the meaning of the Vocational Education Act, 1930,

(g) a board or other body established by or under statute,

(h) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(i) a company in which all the shares are held by a board, company, or other body referred to in paragraph (g) or (h) of this definition.

(2) Any reference in this Act to performance of a function includes, with respect to a power or duty, a reference to exercise of the power or the duty.

(3) (a) In this Act a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection is a reference to the subsection of the section in which the reference occurs.

3 Custom House Docks Area.

3.—(1) For the purposes of this Act “the Custom House Docks Area” means the area described in the Schedule to this Act.

(2) In the Schedule to this Act—

(a) a reference to a line drawn along a street or road shall be construed as a reference to a line drawn along the centre of that street or road;

(b) a reference to the point at which a street is said to join another street shall be construed as a reference to the point at which a line drawn along the centre of one of those streets would be joined by a line drawn along the centre of the other street.

4 Orders.

4.—The Minister may from time to time by order amend an order under this Act (including any order made under this section) and, in case the order to be so amended was made by the Minister with the consent of, or after consultation with, a Minister of the Government, the Minister shall, before making the order under this section, in addition, either (as may be appropriate) obtain the consent of or consult with that Minister of the Government.

5 Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Designated Areas

6 Designated areas.

6.—(1) Each of the following shall be a designated area for the purposes of this Act—

(a) the Custom House Docks Area;

(b) any area in relation to which an order under subsection (2) is in force.

(2) The Minister may, with the consent of the Minister for Finance, for the purposes of this section, by order declare an area to be a designated area where he is satisfied that there is a special need to promote urban renewal therein, and may by such order describe such area in whatever manner he thinks fit.

7 Remission of rates.

7.—(1) The Minister, with the consent of the Minister for Finance, may make a scheme providing for the remission in whole or in part of rates leviable in respect of premises—

(a) which are situate in the Custom House Docks Area and are certified by the Authority to have been erected, enlarged or improved after the approval of a planning scheme under section 12, or

(b) which are situate in any other designated area and which the relevant local authority are satisfied were erected, enlarged or improved after the designation of such area.

(2) A scheme under this section shall specify—

(a) the classes or descriptions of premises to which the scheme applies,

(b) the local financial years in relation to which the remission of rates is to have effect,

(c) the terms or conditions (if any) subject to which the remission of rates is to have effect in any local financial year, and

(d) the period during which the scheme is to operate.

(3) A scheme under this section may be amended by an amending scheme made by the Minister with the consent of the Minister for Finance, but no such amending scheme shall have the effect of reimposing on any occupier an obligation to pay rates in respect of a period before the making of the amending scheme.

(4) Where a scheme is made under this section a local authority shall, in relation to a rate leviable by them, give effect to any remission provided for in the scheme.

(5) A remission provided for in a scheme under this section shall not be granted more than once in respect of the same erection, enlargement or improvement of premises.

(6) Where premises in a designated area are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of the local authority within whose functional area the premises are situated, apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised.

PART III Custom House Docks Development Authority

8 Establishment of Authority.

8.—(1) There shall be established, on such day as may be appointed for the purpose by the Minister by order, a body which shall be known as the Custom House Docks Development Authority (in this Act referred to as “the Authority”) to perform, in relation to the Custom House Docks Area, the functions assigned to the Authority by or under this Act.

(2) The Authority shall consist of a chairman and four ordinary members.

(3) The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(4) (a) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of the chairman of the Authority or of an ordinary member authorised by the Authority to act in that behalf.

(b) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (a) of this subsection) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown.

9 Functions of Authority.

9.—(1) (a) It shall be the general duty of the Authority to secure the redevelopment of the Custom House Docks Area and for that purpose it shall have the following functions—

(i) to acquire, hold and manage land in that Area for its development, redevelopment or renewal either by the Authority or by any other person;

(ii) to prepare a scheme or schemes for the development, redevelopment or renewal of land in the Area;

(iii) to develop, redevelop or renew, or secure the development, redevelopment or renewal of, any land in that Area or otherwise to secure the best use of any such land;

(iv) to dispose of land—

(I) on completion of its development, redevelopment or renewal under this Act,

(II) to secure its development, redevelopment or renewal, or

(III) to secure its best use;

(v) to provide such infrastructure and to carry out such works of amenity development or environmental improvement as, in the opinion of the Authority, may be required to encourage people to work, shop or reside in that Area or otherwise to use the facilities provided in that Area.

(b) Paragraph (a) of this subsection shall not be construed as prejudicing the generality of section 8 (3) insofar as it applies to the acquisition, holding and disposal of land.

(2) Without prejudice to the generality of subsection (1) or to any provision of this Act, apart from this section, the Authority may carry on any activity which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, the performance by it of any of its functions under this Act.

(3) In addition to the functions assigned to it by subsection (1), the Authority shall have such other functions related to securing the redevelopment of the Custom House Docks Area as for the time being stand assigned to it by the Minister by order made after consultation with the appropriate Minister.

(4) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the purposes of the functions assigned to it by or under this Act, or for purposes incidental to those purposes.

(5) (a) For the purpose of enabling the Authority to perform its functions, the Authority may make arrangements for the supply to it by the Minister or any other statutory body of any service required by the Authority and the Minister or other statutory body may supply, and the Authority may avail of, services for which arrangements are made under this subsection.

(b) In this subsection “service” includes the use of premises or equipment and the use of services of employees.

(6) The Minister may, from time to time, give to the Authority a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act, and the Authority shall in performing its functions have regard to any such directive.

(7) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, by the Authority of a function assigned to it by or under this Act.

10 Chairman and ordinary members of Authority.

10.—(1) The Minister shall appoint the chairman and ordinary members of the Authority.

(2) (a) The Minister shall, when appointing a chairman of the Authority, fix his term of office, and subject to subsections (5) and (8), the chairman of the Authority shall hold his office on such terms as the Minister, with the consent of the Minister for the Public Service, determines.

(b) The Minister shall, when appointing an ordinary member of the Authority, fix the member's term of office and, subject to subsections (6) and (8), the member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for the Public Service, determines.

(3) A chairman or ordinary member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment.

(4) The chairman and ordinary members of the Authority shall be paid by the Authority such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines.

(5) (a) The chairman of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of the receipt of the letter by the Minister.

(b) The Minister may remove from office the chairman of the Authority if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.

(6) (a) An ordinary member of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

(b) The Minister may remove from office an ordinary member of the Authority if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.

(7) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly of the European Communities, or

(c) a member of a local authority,

shall be disqualified from being appointed chairman or an ordinary member of the Authority.

(8) Where the chairman or an ordinary member of the Authority—

(a) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(b) is elected as a member of the Assembly of the European Communities or is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Assembly to fill a vacancy, or

(c) becomes a member of a local authority,

he shall thereupon cease to be chairman or an ordinary member of the Authority.

11 Meetings and procedure of Authority.

11.—(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Authority.

(3) The quorum for a meeting of the Authority shall be three or such other number as may from time to time be fixed by the Minister.

(4) The chairman of the Authority and each ordinary member of the Authority at a meeting thereof shall have a vote.

(5) At a meeting of the Authority—

(a) the chairman of the Authority shall if present be chairman of the meeting,

(b) if and so long as the chairman of the Authority is not present or if the office of chairman is vacant, the members of the Authority who are present shall choose one of their number to be chairman of the meeting.

(6) Every question at a meeting of the Authority shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the chairman of the meeting shall have a casting vote.

(7) Subject to subsection (3), the Authority may act notwithstanding a vacancy among its members.

(8) Except as otherwise provided by this section, the Authority shall regulate its procedure and business.

(9) The Authority may perform any of its functions through or by any of its members duly authorised by the Authority in that behalf, or through or by any other person duly appointed by the Authority in that behalf.

12 Planning scheme for Custom House Docks Area.

12.—(1) (a) The Authority shall as soon as may be prepare a planning scheme for the Custom House Docks Area.

(b) The Authority may at any time prepare a scheme amending a scheme under this section.

(2) A scheme under this section shall consist of a written statement and a plan indicating the manner in which the Authority considers that the Custom House Docks Area should be redeveloped and in particular—

(a) the nature and extent of the proposed development,

(b) the proposed distribution and location of uses,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights and the external finishes of structures, and

(d) proposals relating to the roads lay-out, the provision of parking places and traffic management.

(3) In preparing a scheme under this section the Authority shall—

(a) comply with any general directive that may be given to it under section 9 (6),

(b) consult with Dublin Corporation,

(c) have regard to the development plan made by Dublin Corporation,

(d) make arrangements for the making of submissions by interested persons in relation to the scheme and the consideration by the Authority of any such submissions.

(4) A scheme under this section shall be submitted by the Authority to the Minister for approval and a copy thereof shall be sent to Dublin Corporation at the same time.

(5) Where a scheme under this section is submitted to him by the Authority, the Minister shall consider any objections that may within one month of the sending of the copy to Dublin Corporation be made to the scheme by the said Corporation and may modify the scheme in such manner and to such extent as he thinks proper and may approve the scheme or the scheme as so modified.

(6) Each of the following shall be exempted development for the purposes of the Act of 1963—

(a) the carrying out by the Authority of any development in the Custom House Docks Area which is consistent with a scheme prepared and approved under this section;

(b) the carrying out of any development in the Custom House Docks Area by a person other than the Authority and which is certified by the Authority to be consistent with a scheme prepared and approved under this section.

13 Transfer of certain land to Authority.

13.—(1) The Minister may, after consultation with the Minister for Communications, by order transfer from the Board to the Authority land situated in the Custom House Docks Area together with all rights, powers and privileges relating to or connected with such land.