Committee Reports > List of Committees > Seanad > 1929 > Select Committee on the Town Planning Bill, 1929 > Report - Town Planning Bill, 1929

IMEACHTA AN ROGHA-CHOISTE.

PROCEEDINGS OF THE SELECT COMMITTEE.

Déardaoin, 28° Mí na Samhna, 1929.

Thursday, 28th November, 1929.

1. Do chruinnigh an Rogha-Choiste ar 11 a.m.

2. I láthair: Somhairle Brún (i gCeannas), Liam O Bearáin, Sir Eadbhard Bigger, Tomás O Fearáin, Tomás Mac Eoin, Tomás O Luingeacháin agus Muiris O Mórdha.

3. Do chrom an Rogha-Choiste ar an mBille do bhreithniú.

(i) Alt 1.

Leasú tairgthe (Sir Eadbhard Bigger):

To delete line 25 and to substitute therefor the words:—

“The council of any county or county borough or borough or urban district or rural district or the town commissioner of any town not being an urban district (hereinafter referred to as the local authority).”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Lines 26 and 27. To delete the words “and when directed by the Minister for Local Government and Public Health (hereinafter referred to as the Minister) shall.”

Ceist curtha, agus diúlta.

Leasú tairgthe (Tomás Mac Eoin):

Line 28. To delete the words “within three years from the 1st day of August, 1929.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Line 34. To delete all after the word “Minister” to the end of the section.”

Ceist curtha, agus diúlta.

Alt 1, mar do leasuíodh, aontuithe.

(ii) Alt. 2.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1), line 39. After the word “respects” to add the words “any area.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1). To delete lines 40-44 inclusive.

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1), line 45. Before the word “ways” to insert the words “building development, adequate.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1), line 48. Before the word “and” to insert the words “or the reservation of areas to be kept free from buildings.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1), line 50. To delete the words “to be developed.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), lines 14 and 15. To delete the words “with regard to which a scheme may be made under this Act.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 23. Before the word “the” to insert the words “the local authority and.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 25. To delete the figure “(i).”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (3), line 27. After the word “approved” to insert the words “by the local authority by which the scheme was not prepared and.”

Ceist curtha, agus diúlta.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 30. To delete the word “and.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 31. To delete the figures “(ii) and to substitute therefor the figure “(4).”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (4). Before the sub-section to insert two new sub-sections as follows:—

“(4) The Minister may for any particular area or areas constitute a joint committee or committees consisting of representatives of the authorities concerned and may give to such committee or committees the powers and duties he may consider advisable.

“(5) The preparation of a general town planning scheme for any area shall not preclude the preparation of more detailed schemes for portions of the area, provided that these are not inconsistent with the general scheme.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (5). To delete the sub-section.

Ceist curtha, agus diúlta.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (7). To delete the sub-section.

Ceist curtha, agus aontuithe.

Alt 2, mar do leasuíodh, aontuithe.

(iii) Alt 3.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1). Before the sub-section to insert a new sub-section as follows:—

“(1) The Minister may prescribe a set of general provisions (or separate sets of general provisions adapted for areas of any special character) for carrying out the general objects of town planning schemes, and in particular for dealing with the matters set out in the First Schedule to this Act, and the general provisions, or set of general provisions, appropriate to the area for which a town planning scheme is made, shall take effect as part of every scheme, except in so far as provision is made by the scheme as approved by the Minister for the variation or exclusion of any of these provisions.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-sections (1) and (2). To delete the sub-sections and to insert in lieu thereof a new sub-section as follows:—

“(2) Special provisions shall in addition be inserted in every town planning scheme—

Ceist curtha, agus aontuithe.

Alt 3, mar do leasuíodh, aontuithe.

(iv) Alt 4.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (2). To delete lines 63 and 64 on page 6 and lines 1 to 5 inclusive on page 7.

Ceist curtha, agus diúlta.

Alt 4 aontuithe.

(v) Alt 5.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 28. To delete the words “as arbitrator.”

Ceist curtha, agus aontuithe.

Alt 5, mar do leasuíodh, aontuithe.

(vi) Alt Nua.

Leasú tairgthe (Tomás Mac Eoin):

Before Section 6 to insert a new section as follows:—

“6. Any local authority may define areas on which building may be prohibited or postponed, or prescribe the space about buildings, or limit the number of buildings to be erected to the acre, or prescribe the height, character or design of buildings, or require the removal or rendering sightly of unsightly dilapidated structures on any land, notwithstanding that the land is not included in a town planning scheme, and the provisions of Section 10 shall apply as though the area were town planned; provided that if any person feels aggrieved by the action of the local authority he may appeal to the Minister, whose decision shall be final.”

Leasú tairgthe don leasú tairgthe (Liam O Bearáin):

To delete the words “unsightly dilapidated structures” and to substitute therefor the words “an unsightly dilapidated structure not being an occupied dwelling-house.”

Ceist curtha, agus aontuithe.

Bun-cheist, mar do leasuíodh, curtha, agus aontuithe.

(vii) Alt 6.

Leasú tairgthe (Tomás Mac Eoin):

Line 33. Before the word “where” to insert the words “or advertising station or hoarding or sign whether attached or not attached to buildings.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Line 37. To delete all after the word “shall” to the end of the section and to substitute therefor the words “apply to all land whether included in a town planning scheme or not, provided that if any person feels aggrieved by the action of the local authority he may appeal to the Minister, whose decision shall be final.”

Ceist curtha, agus aontuithe.

Alt 6, mar do leasuíodh, aontuithe.

(viii) Alt 7.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1), lines 46-47. To delete the words “when notice of the approval of the scheme is published” and to substitute therefor the words “when notice of the intention of a local authority to put the scheme in force with regard to the property of that person has been published.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (1). To add at the end of the sub-section the words “from the responsible authority.”

Ceist curtha, agus aontuithe.

Leasú tairthe (Muiris O Mórdha):

Sub-section (2), line 54. To delete the words “prepare or.”

Ceist curtha, agus diúlta.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (3). To delete the sub-section.

Ceist curtha, agus diúlta.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 62. To delete the word “Commissioners” and to substitute therefor the word “Commissioner.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás O Fearáin):

Sub-section (3), line 5, page 8. To delete the words “one-half” and to substitute therefor the words “three-fourths.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (4), line 7. To delete the words “or increased in value.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (4), lines 10-12. To delete all from the word “or” in line 10 to the word “value” in line 12 inclusive.

Ceist curtha, agus aontuithe.

Leasú tairgthe (Muiris O Mórdha):

Sub-section (4), line 13. To delete the word “Minister” and to substitute therefor the words “Circuit Court Judge.”

Ceist curtha, agus diúlta.

Alt 7, mar do leasuíodh, aontuithe.

(ix) Alt 8.

Leasú tairgthe (Tomás Mac Eoin):

Line 32. To delete the figure “6” and to substitute therefor the figure “7.”

Ceist curtha, agus aontuithe.

Alt 8, mar do leasuíodh, aontuithe.

(x) Alt 9.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (2). To delete the sub-section and to substitute therefor a new sub-section as follows:—

“(2) Property shall not be deemed to be injuriously affected by reason of the making of any provisions inserted in a town planning scheme which require the removal or rendering sightly of unsightly dilapidated structures, or define the areas on which buildings may be erected and those on which building is prohibited or postponed, or prescribe building lines or the space about buildings or limit the number of building to be erected, or prescribe the height, character or design of buildings, and which the Minister, having regard to the nature and situation of the land affected by the provisions, considers reasonable for the purpose.”

Leasú tairgthe don leasú tairgthe (Liam O Bearáin):

To delete the words “and those on which building is prohibited or postponed, or prescribe building lines.”

Ceist curtha, agus aontuithe.

Bun-cheist, mar do leasuíodh, curtha, agus aontuithe.

Alt 9, mar do leasuíodh, aontuithe.

(xi) Alt 10 aontuithe.

(xii) Alt 11.

Leasú tairgthe (Tomás O Luingeacháin):

To delete the section.

Leasú tairgthe siar.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1). To delete paragraph (b).

Ceist curtha, agus aontuithe.

Alt 11, mar do leasuíodh, aontuithe.

(xiii) Alt 12.

Leasú tairgthe (Tomás O Luingeacháin):

To delete the section.

Leasú tairgthe siar.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (3), line 1, page 10. To delete line 1 and the word “shall” in line 2 and to substitute therefor the following:—

“(4) In the preparation of any circular, order or instruction to be made or issued under either of the schedules to this Act or arising therefrom the Minister may.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Liam O Bearáin):

Sub-section (3), lines 3, 4, and 6. Before the word “nominated” where it occurs in lines 3, 4, and 6 to insert in each case the words “chosen by the Minister from a panel of three.”

Ceist curtha, agus aontuithe.

Alt 12, mar do leasuíodh. aontuithe.

(xiv) Alt 13 aontuithe.

(xv) Alt 14.

Leasú tairgthe (Tomás Mac Eoin):

To delete the section and to substitute therefor a new section as follows:—

“14.—(1) For the purposes of the execution of his powers and duties under this Act, the Minister may cause such local inquiries to be held as he may think fit, and the costs incurred in relation to such local inquiry shall be paid by the authorities and persons concerned in the inquiry, or by such of them and in such proportions as the Minister may direct, and the Minister may certify the amount of the costs incurred, and any sum so certified and directed by the Minister to be paid by any authority or person shall be a debt to the Minister for Finance from such authority or person.

(2) Sections 209 to 212 inclusive and Section 215 of the Public Health (Ireland) Act, 1878 shall apply for the purpose of any order to be made by the Minister or any local inquiry which he may cause to be held in pursuance of this Act.”

Ceist curtha, agus aontuithe.

Alt 14, mar do leasuíodh. aontuithe.

(xvi) Alt nua.

Leasú tairgthe (Tomás Mac Eoin):

Before Section 15 to insert a new section as follows:—

“15. Every order or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which either House has sat annulling such order or regulation, such order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such order or regulation.”

Ceist curtha, agus aontuithe.

(xvii) Alt 15.

Leasú tairgthe (Tomás Mac Eoin):

Sub-section (1). To delete the sub-section.

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás O Luingeacháin):

Sub-section (3). To delete the sub-section.

Leasú tairgthe siar.

Alt 15, mar do leasuíodh, aontuithe.

(xviii) Alt 16.

Leasú tairgthe (Tomás Mac Eoin):

Line 39. Before the word “Act” to insert the words “and Rural Amenities.”

Ceist curtha, agus aontuithe.

Alt 16, mar do leasuíodh, aontuithe.

(xix) Céad Sceideal.

Leasú tairgthe (Tomás Mac Eoin):

To delete the Schedule and to substitute therefor a new Schedule as follows:—

FIRST SCHEDULE.

Matters to be dealt with by general provisions prescribed by the Minister for Local Government and Public Health.

1. Streets, roads and other ways, and stopping up or diversion of existing highways.

2. Buildings, structures and erections and the user thereof.

3. Factory, workshop, trading, housing, institutional and administrative zones.

4. Open spaces, private and public, and aerodromes.

5. The preservationa and control of sites, buildings and other objects of historical or artistic interest or natural beauty.

6. The control of advertisements, hoardings and signs.

7. Sewerage, drainage and sewage disposal, the prevention of litter, disposal of refuse and reclamation of land.

8. Lighting.

9. Water supply.

10. Petrol pumps and other erections for the supply of petrol.

11. Ancillary or consequential works.

12. Extinction or variation of private rights of way and other easements.

13. The control of canal and river banks and bridges and roads adjoining.

14. Dealing with or disposal of land acquired by the responsible authority or by a local authority.

15. Power of entry and inspection.

16. Power of the responsible authority to remove, alter or demolish any obstructive work, or derelict buildings.

17. Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another.

18. Power to add to the matters in respect of which a local authority may make bye-laws.

19. Power of the responsible authority or a local authority to accept any money or property for the furtherance of the objects of any town planning scheme, and provision for regulating the administration of any such money or property.

20. Application with the necessary modifications and adaptations of statutory enactments.

21. Carrying out and supplementing the provisions of this Act for enforcing schemes.

22. Limitation of time for operation of scheme.

23. Providing for periodic revision of the Civic Survey and the making of necessary modifications in a town planning scheme.

24. Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested.

25. Charging on the inheritance of any land the value of which is increased by the operation of a town planning scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations, the provisions of any enactments dealing with charges for improvements of land.

Leasú tairgthe don leasú tairgthe (Liam O Bearáin):

To delete paragraph 12.

Ceist curtha, agus aontuithe.

Bun-cheist mar do leasúiodh, curtha, agus aontuithe.

(xx) Dara Sceideal.

Leasú tairgthe (Tomás Mac Eoin):

Paragraph 5. To delete the words “on each acre.”

Ceist curtha, agus aontuithe.

Leasú tairgthe (Tomás Mac Eoin):

Paragraph 5. After the word “character” to insert the words “and design.”

Ceist curtha, agus aontuithe.

Dara Sceideal, mar do leasuíodh, aontuithe.

(xxi) Roimh-rá.

Leasú tairgthe (Tomás Mac Eoin):

To delete the preamble.

Ceist curtha, agus aontuithe.

(xxii) Teideal.

Leasú tairgthe (Tomás Mac Eoin):

Before the word “Bill” in the short title to insert the words “and Rural Amenities.”

Ceist curtha, agus aontuithe.

Teideal, mar do leasuíodh, aontuithe.

Bille le tuairisciú.

4. Do chuir an Rogha-Choiste deire le n-a ghnó ar 1.45 p.m.

Cathaoirleach an Choiste.