Compulsory Purchase Order
IN THE MATTER OF THE PLANNING AND DEVELOPMENT ACTS 2000-2002 AND IN THE MATTER OF THE HOUSING ACT 1966, THE LOCAL GOVERNMENT (NO.2) ACT 1960 AND THE ROADS ACTS 1993 - 2001
FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER 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 SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4(b) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACTS, 2000-2002.
COMPULSORY ACQUISITION OF LAND
“ Galway County Council
(N18 Gort to Crusheen Dual Carriageway)
Compulsory Purchase Order No.2 2006
(Roads and Transportation)”
- The Galway County Council (hereinafter referred to as “the local authority”) in exercise of the powers conferred upon them 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 of, and the Second Schedule to, the Roads Act 1993, and as amended by Section 222 of the Planning and Development Act 2000, and pursuant to the powers conferred on them by the Planning and Development Acts 2000- 2002 and in particular Section 213 of the Planning and Development Act 2000, and pursuant to the powers conferred upon them by an agreement dated 28 th January 2005 between Galway County Council and Clare County Council under Section 85 of the Local Government Act 2001, have made an order entitled as above which is about to be submitted to An Bord Pleanála (hereafter “the Board”) for confirmation.
- If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the Schedule hereto for the purpose of constructing a National Primary Road known as the N18 Gort to Crusheen Dual Carriageway.
- A copy of the order and of the map referred to in it may be seen between the hours of 9.30 a.m. to 1.00 p.m. and 2.00 p.m. to 4.00 p.m. on Monday to Friday from the 24 th February to 24 th March 2006 inclusive, excluding public holidays at;
The Offices of Galway County Council, Áras an Chontae, Prospect Hill, Galway
The Offices of Clare County Council, Transportation and Infrastructure Department, Information Age Park, Gort Road, Ennis, Co. Clare
The Offices of Galway County Council, Gort Area Office, Crowe Street, Gort, Co. Galway - The Housing Act, 1966, as amended, provides that if an objection is made to the proposed compulsory acquisition of land, the land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served shall not be acquired compulsorily unless the Board makes an order to confirm the compulsory purchase order, unless:-
- the objection is withdrawn, or
- the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.
- Any objection to the order must state in writing the grounds of objection and be sent addressed to An Bord Pleanala 64 Marlborough Street, Dublin1 by no later than 5.00 p.m. on 10 th April 2006.
- An environmental impact statement, for which separate public notice has been given, has been prepared in respect of the development which it is proposed to carry out on the land. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing.
- The Board, if it thinks fit, may in one or more stages annul the compulsory purchase order or confirm the order, with or without modification.
- If no objection is received to the proposed compulsory acquisition of land, the objection is withdrawn or the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed, the Board shall inform the local authority, which may then confirm the order with or without modification, or refuse to so confirm it.
- If land to which the order, as confirmed by either the Board or the local authority, relates is acquired by the local authority, compensation for the land will be assessed in respect of the acquisition as the value of the land at the date that the relevant notice to treat is served.
- In the opinion of the local authority, no part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If the land to which the order relates is acquired by the local authority, compensation will be assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966, and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000), subject to the modifications contained in the Third Schedule to the Housing Act, 1966.
- Any dispute in relation to compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitrations and Appeals) Act, 1960.
- A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 (S.I. No. 91 of 1961).
SCHEDULE PART 1
Dated this 20 th day of February 2006.
Signed: Tony Murphy, County Secretary, Galway County Council.
