In short
This law allows for the extension of the time limit for serving a "notice to treat" in cases where land is being acquired through a Compulsory Purchase Order, especially when legal challenges are ongoing.
What it regulates
- The time within which a notice to treat must be served for land subject to a Compulsory Purchase Order.
- Extensions to this time limit when legal proceedings challenge the validity of the order or related permissions.
- The conditions under which the High Court can grant further extensions.
Who it concerns
- Local authorities involved in compulsory purchase orders.
- Individuals or entities whose land is subject to a compulsory purchase order.
Key points
- The initial period for serving a notice to treat is 18 months.
- If legal proceedings challenge the compulsory purchase order or related permissions, the 18-month period is extended.
- This extension, called the "second period," lasts until 30 days after the legal proceedings conclude or 18 months after the first period expired, whichever is earlier.
- If legal proceedings are not concluded during the second period, a local authority can apply to the High Court for a further extension if there is good and sufficient reason and it is just and equitable to do so.
đ Legal text
Compulsory Purchase Orders (Extension of Time Limits) Act 2010
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Compulsory Purchase Orders (Extension of Time Limits) Act 2010
Compulsory Purchase Orders (Extension of Time Limits) Act 2010
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Number 17 of 2010
COMPULSORY PURCHASE ORDERS (EXTENSION OF TIME LIMITS) ACT 2010
ARRANGEMENT OF SECTIONS
Section
1. Amendment of section 217 of the Planning and Development Act 2000.
2. Short title and collective citation.
Act Referred to
Planning and Development Act 2000
2000, No. 30
Number 17 of 2010
COMPULSORY PURCHASE ORDERS (EXTENSION OF TIME LIMITS) ACT 2010
AN ACT TO PROVIDE FOR THE EXTENSION OF THE TIME WITHIN WHICH A NOTICE TO TREAT IN RESPECT OF LANDS TO WHICH A COMPULSORY PURCHASE ORDER RELATES MAY BE SERVED; FOR THAT PURPOSE TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000; AND TO PROVIDE FOR RELATED MATTERS.
[7th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of section 217 of the Planning and Development Act 2000.
1.â
Section 217
of the
Planning and Development Act 2000
is amended by the insertion of the following subsection after subsection (6):
â(6A) (a) Notwithstanding subsection (6), where legal proceedings are in being challenging the validity of eitherâ
(i) the compulsory purchase order or provisional order concerned, or
(ii) permissions, consents or authorisations granted by or under this Act or by or under any other enactment relating to the project in respect of which, or being the purpose for which, the land concerned is to be acquired,
and a notice to treat is not served within the period of 18 months (in this subsection referred to as the âfirst periodâ), the first period shall be extended for a further period (in this subsection referred to as the âsecond periodâ) beginning on the day immediately after the day on which the first period expires and expiring on the earlier of the following:
(I) 30 days after the day on which the legal proceedings are concluded; or
(II) 18 months after the day on which the first period expires.
(b) Where proceedings referred to in paragraph (a) have not been concluded during the second period, on an application to the High Court by the local authority before the expiration of the second period, that court may, if it considers that, in the particular circumstances there is good and sufficient reason for doing so, extend the second period by such further period from its expiration as it believes necessary in the circumstances provided that, having regard to all of the circumstances, it considers that it would be just and equitable to do so.â.
Short title and collective citation.
2.â (1) This Act may be cited as the Compulsory Purchase Orders (Extension of Time Limits) Act 2010.
(2) The Planning and Development Acts 2000 to 2009 and this Act may be cited together as the Planning and Development Acts 2000 to 2010.
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