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50 1931

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931

PART II.

HOUSING OF THE WORKING CLASSES.

Unhealthy Areas.

Clearance areas.

5. —(1) Where a local authority are satisfied upon consideration of an official representation or other information in their possession that any area within their district is an unhealthy area and that the conditions in such area can be effectively remedied only by the demolition of all the buildings in such area which are unfit for human habitation or dangerous or injurious to health the local authority shall cause such area to be defined on a map so as to exclude therefrom any building which is not unfit for human habitation or dangerous or injurious to health and shall by resolution declare such area as so defined to be a clearance area, and shall in accordance with the provisions of this Act proceed to secure the demolition of all buildings in that area in one or other of the following ways, or partly in one way and partly in the other according as the local authority shall determine, that is to say:—

(a) by purchasing land comprised in the area and demolishing or otherwise securing the demolition of all buildings thereon; or

(b) by ordering the demolition of buildings in the area.

(2) A local authority shall forthwith transmit to the Minister a copy of any resolution passed by them under this section, together with a statement of the number of persons and the number of separate families of the working classes who on a day specified in the statement were occupying the buildings comprised in the clearance area.

(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) and the Local Government (Dublin) Act, 1930 (No. 27 of 1930) the declaration of any area under this section to be a clearance area shall be a reserved function.

Clearance orders.

6. —(1) Where a local authority determines to order any buildings in a clearance area to be demolished the local authority shall make and submit to the Minister for confirmation a clearance order with respect to such buildings.

(2) The provisions contained in the First Schedule to this Act shall apply to the making, submission and confirmation of clearance orders.

Purchase by local authority of land surrounded by or adjoining clearance area.

7. —Where as respects any area declared by them to be a clearance area a local authority determine to purchase any land comprised in the area, they may purchase also any land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and any land adjoining the clearance area, the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area.

Demolition of buildings under a clearance order.

8. —(1) When a clearance order has become operative the owner or owners of any building to which the order applies shall demolish that building and clear and level the site thereof to the satisfaction of the local authority before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if it is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the local authority may deem reasonable; and, if the building is not demolished and the site thereof so cleared and levelled before the expiration of that period, the local authority shall enter and demolish the building and clear and level the site thereof and sell the materials thereof.

(2) Any expenses incurred by a local authority under the last preceding sub-section, after giving credit for any amount realised by the sale of materials, may be recovered by them, summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable; and any owner who pays to the local authority the full amount of their claim may in the like manner recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) Any surplus in the hands of the local authority shall be paid by them to the owner of the building or if there is more than one owner, shall be paid as those owners may agree, or in default of agreement in such proportions as a court of summary jurisdiction may on the application of any such owner determine to be just and equitable.

(4) A court of summary jurisdiction, in determining for the purposes of this section the shares in which any expenses shall be paid or contributed by, or any surplus shall be divided between, two or more owners of a building, shall have regard to their respective interests in the building, their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether expressed or implied, and all the other circumstances of the case.

(5) The amount of any expenses due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred and the local authority shall for the purpose of enforcing such charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, accepting surrenders of leases and of appointing a receiver.

Restriction of development of land in a clearance area.

9. —(1) When a clearance order has become operative no land to which the order applies shall be used for building purposes, or otherwise developed, except in accordance with such plans as the local authority may approve and subject to such restrictions and conditions, if any, as the local authority may think fit to impose.

(2) An owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the local authority to cancel or modify any such restriction or condition, may at any time appeal to the Minister, who shall make such order in the matter as he thinks proper, and the Minister's decision shall be final.

(3) A person who commences, or causes to be commenced, any work in contravention of any plans approved or a restriction or condition imposed under this sub-section shall, on summary conviction, be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding ten pounds in respect of each day during which the work exists in such a form and state as to contravene such plans, restriction or condition.

Demolition of buildings on and disposal of land acquired by a local authority.

10. —(1) A local authority who have under this Part of this Act purchased any land comprised in, or surrounded by, or adjoining a clearance area shall, so soon as may be, cause every building thereon to be vacated and shall deal with that land in one or other of the following ways, or partly in one of these ways and partly in the other of them, that is to say:—

(a) they shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstances they deem reasonable, and thereafter may use the land for the purposes of Part III of the Act of 1890 as amended by any subsequent enactment including this Act or may subject to the approval of the Minister, sell or let the land subject to such restrictions and conditions, if any, as they think fit, or may, appropriate the land for any purpose for which they are authorised to acquire land subject to the like restrictions as are contained in section ninety-five of the Public Health Acts Amendment Act, 1907, with respect to the appropriation of land by local authorities under that section; or

(b) they shall, subject to the approval of the Minister, so soon as may be, sell or let the land subject to a condition that the buildings thereon shall be demolished forthwith and subject to such restrictions and other conditions, if any, as they may think fit to impose.

(2) Land sold or leased under this section shall be sold or leased at the best price or for the best rent that can reasonably be obtained having regard to any restriction or condition imposed, and any capital money received in respect of any transaction under this section shall be applied, with the sanction of the Minister, either in the repayment of debt or for any other purpose for which capital money may be properly applied.

(3) For the purposes of this section “sell” includes to sell in consideration of an annual rent charge or fee farm grant.

Power of local authority to purchase cleared land which owners have failed to re-develop.

11. —(1) Where land has been cleared of buildings in accordance with a clearance order made under this Part of this Act, the local authority may, at any time after the expiration of eighteen months from the date on which the clearance order became operative, by resolution determine to purchase any part of that land which at the date of the passing of their resolution has not been, or is not in process of being, used for building purposes, or otherwise developed, by the owner thereof in accordance with plans approved by the local authority and any restrictions or conditions imposed under sub-section (1) of section 9 of this Act.

(2) A local authority shall deal with any land purchased by them under this section by sale, letting, or appropriation in accordance with the provisions of the last preceding section.

Improvement areas.

12. —(1) Where a local authority are satisfied upon consideration of an official representation or other information in their possession that any area within their district is an unhealthy area and that the conditions in such area can be effectively remedied without the demolition of all the buildings in such area which are unfit for human habitation or dangerous or injurious to health by—

(a) the demolition or repair, as circumstances may require, of those dwelling-houses within the area which are unfit for human habitation; and

(b) the purchase by the local authority of any land within the area which it is expedient for them to acquire for the purpose of opening out the area and the demolition of any buildings on such land so far as may be necessary to demolish them for that purpose;

the local authority may cause that area to be defined on a map and may pass a resolution declaring the area so defined to be an improvement area.

(2) A local authority who have passed a resolution declaring an area to be an improvement area, shall forthwith—

(a) publish, in one or more newspapers circulating within their district, a notice stating the terms of the resolution and the date on which it was passed, and naming a place at which a copy of the resolution and of the map referred to therein may be seen at all reasonable hours; and

(b) transmit a copy of the resolution to the Minister, together with an estimate of the number of persons and separate families of the working classes whose displacement will be rendered necessary by any steps which the local authority propose to take for the improvement of the area.

(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) and the Local Government (Dublin) Act, 1930 (No. 27 of 1930) the declaration of any area under this section to be an improvement area shall be a reserved function.

Treatment of improvement area.

13. —(1) A local authority who have passed a resolution declaring an area to be an improvement area, shall so soon as may be—

(a) in the case of dwelling-houses which are unfit for human habitation, serve notices under Part III of this Act requiring the execution of all necessary works thereon, or the demolition thereof, and enforce compliance with those notices;

(b) in so far as the improvement of the area involves the purchase of land for opening out the area, proceed to purchase that land unless the local authority are satisfied that the opening out of the area will be adequately carried out by the owner or owners of the land.

(2) A local authority who have purchased any land under this section, shall carry out, or secure the carrying out of such demolitions as may be necessary for opening out the area, and, subject thereto, shall deal with that land by sale, letting or appropriation in accordance with the provisions of section 10 of this Act.

(3) Where any action taken by a local authority under this section with respect to a dwelling-house in an improvement area results in the tenant of that house, or any part thereof, removing therefrom, then notwithstanding anything in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, those Acts if applicable to that house or part, shall not cease to apply thereto by reason only of the fact that upon such removal the landlord comes into possession of the house or part of the house.

(4) The declaration of any area to be an improvement area shall not preclude any local authority from exercising any powers which in the absence of such a declaration would have been exercisable by them within that area.

Preliminaries to passing of clearance or improvement resolution.

14. —A local authority shall before passing any resolution declaring an area to be a clearance area or an improvement area satisfy the Minister—

(a) that in so far as suitable accommodation available for the persons of the working classes who will be displaced by the steps to be taken for the clearance or improvement of the area does not already exist, the local authority can provide, or secure the provision of such accommodation in advance of the displacements which will from time to time become necessary as the clearance or improvement of the area proceeds; and

(b) that the resources of the local authority are sufficient for the purpose of carrying the resolution into effect.

Provisions as to purchase of land.

15. —Where a local authority have determined to purchase land under this Part of this Act, they may purchase that land by agreement or they may be authorised to purchase that land compulsorily by means of a compulsory purchase order made and submitted to the Minister and confirmed by him in accordance with the provisions of the Second Schedule to this Act.

Assessment of compensation in respect of land acquired compulsorily.

16. —(1) Where land is purchased compulsorily by a local authority under this Part of this Act, the compensation payable in respect thereof shall be assessed—

(a) in the case of land comprised in a clearance area in accordance with the provisions contained in Part I of the Third Schedule to this Act;

(b) in the case of any other land in accordance with the provisions contained in Part II of the Third Schedule to this Act.

(2) Subject to the provisions of the foregoing sub-section the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).

Validity and date of operation of clearance orders and compulsory purchase orders.

17. —(1) The provisions of this section shall have effect with respect to the validity of clearance orders and compulsory purchase orders made under this Act, and the date on which such an order is to come into operation.

(2) So soon as may be after an order has been confirmed by the Minister, the local authority shall publish in a newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed, and naming a place where a copy of the order as confirmed, and of the map referred to therein may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice to the Minister of his objection to the order, appeared at the public local inquiry in support of his objection.

(3) If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the publication of the notice of confirmation, make an application for the purpose to the High Court, and where any such application is duly made the Court—

(a) may by interim order suspend the operation of the order either generally or in so far as it affects any property of the applicant until the final determination of the proceedings; and

(b) if satisfied upon the hearing of the application that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with may quash the order either generally or in so far as it affects any property of the applicant.

(4) Subject to the provisions of the last preceding sub-section, an order shall not, either before or after its confirmation, be questioned by prohibition or certiorari or in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of sub-section (2) of this section.

(5) So soon as may be after an order has become operative, the local authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.

Extinguishment of ways, easements, etc.

18. —(1) A local authority may, with the approval of the Minister, by order extinguish any public right of way over any land purchased by them under this Part of this Act, but an order made by a local authority under this sub-section shall be published in the prescribed manner, and if any objection thereto is made to the Minister before the expiration of six weeks from the publication thereof, the Minister shall not approve the order until he has caused a public local inquiry to be held into the matter.

(2) Upon the completion by a local authority of the purchase by them of any land under this Part of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the local authority and the person entitled to the right in question, vest in the local authority, and any person who suffers loss by the vesting of any such right or property as aforesaid, shall be entitled to be paid by the local authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).