Services

Derelict Sites

The Derelict Sites Act 1990 requires Local Authorities to maintain a Register of all derelict properties in their area. We maintain the Register which contains details of derelict properties, location, ownership details, and valuation.

The Derelict Sites Register is available for inspection at the offices of Castlebar Town Council during normal opening times. Castlebar Town Council can carry out valuations on derelict sites and levy charges based on a percentage of the market value as well as serving Notices to carry out works. If necessary, sites can be acquired by Compulsory Purchase Order.

All reports of dereliction are investigated and where ownership can be established notice is served to carry out works, to abate the dereliction. Castlebar Town Council carry out the following functions:

• Identifying derelict or dangerous sites
• Enforcement of legislation (Derelict Sites Act 1990) - issuing and follow up of relevant notices
• Liaising with owner of properties entered on Derelict Sites Register

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The Main Provisions of the Derelict Sites Act, 1990 are as follows:

(a)        A broad definition of derelict sites:

 Definition of a derelict site - Any land which detracts or is likely to detract to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question, because of:

1.      The existence on the land in question of structures which are in a ruinous, derelict, or dangerous condition
or
2.      The neglected unsightly or objectionable condition of the land or any structures on the land in question
or    
3.      The presence, deposit, or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right  conferred by statute or by common law.

(b)    A general duty on all owners and occupiers of lands, including local authorities, to ensure that their land is not or does not become a derelict site.

(c)    An obligation on local authorities to maintain a derelict sites register.

(d)    The carrying out of works in compliance with a Notice served by local authority under Section 11 of the Act. Works of this nature are not subject to planning permission.

(e)    A duty on local authorities to take all reasonable steps to ensure that land in their area does not become or continue to be a derelict site.

(f)     Improved powers for local authorities to take action against dereliction, and to acquire derelict sites, including compulsory acquisition.

(g)    An annual levy (based on market value) on certain derelict lands in urban areas. Currently, the annual levy is based on three per cent of the market value

 

 Local authorities must establish and maintain a Derelict Sites Register. Before making an entry in the Register, the local authority must give notice of its intention to the owner or occupier of the land and must consider any written representations made by any owner or occupier within a specified period.

Section 11 Notices

Section 11 empowers the local authority to serve notices on owners or occupiers of land, specifying measures to be taken to prevent land from becoming or continuing to be a derelict site. However, the person on whom the notice is served must be afforded an opportunity of making representations to the local authority concerning the terms of the notice. Where a Section 11 Notice is served, the works requested constitute exempted development under the Planning Acts.

Acquisition of Derelict Sites

Section 14 empowers local authorities to acquire by agreement or compulsorily any derelict site in their area. Sections 15 to 19 deal with the compulsory acquisition of derelict sites. This procedure is relatively straightforward and should not be confused with the CPO procedure under the Housing Act, 1966.  Appeals on CPO's can be made to An Bord Pleanala.

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