Tipperary Town Closed Landfill Remediation Scheme
COMPULSORY PURCHASE ORDER (ENVIRONMENT) 2023
NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966, PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT 2000 COMPULSORY ACQUISITION OF LAND
TIPPERARY COUNTY COUNCIL (hereinafter referred to as "the local authority") in exercise of the powers conferred upon it by Section 76 of the Housing Act, 1966, and the Third Schedule thereto (as amended by the Planning and Development Act, 2000), has 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 for the purposes of the Housing Act, 1966 for the Tipperary Town Closed Landfill Remediation Scheme.
A copy of the order and of the map referred to in it is on public display and may be seen at all reasonable hours (9:30am to 4:30pm Monday to Friday, and excluding Saturdays, Sundays and public holidays) from Friday 12th May 2023 until Friday 30th June 2023 at:
- Tipperary County Council, Civic Offices, Emmet Street, Clonmel, Co. Tipperary, E91 N512, and
- Tipperary-Cahir-Cashel Municipal District, Rosanna Road, Tipperary, Co. Tipperary, E34 WD51.
A copy of the full order and the deposit maps referred to in it are available attached for you to download.
Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.
Unknown owners and unknown lessees of the land described in the Schedule will be notified by way of a copy of this notice being erected on the lands.
Any objections to the order, to the compulsory acquisition of lands described in the Schedule Part II Land to be Permanently Acquired and Schedule Part III Land to be Temporarily Acquired, should be addressed in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902, so as to reach the Board before 5:30pm on Friday 30th June 2023.
The Board cannot confirm a compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn.
An Bord Pleanála has an absolute discretion under Section 218 of the Planning and Development Act, 2000 (as amended) to hold an oral hearing.
Before making its decision on an application to confirm the Compulsory Purchase Order, the Board must consider any objection(s) made and not withdrawn, any additional submissions or observations made pursuant to a request by the Board under Section 217A of the Planning and Development Act, 2000 (as amended) and in the event of an oral hearing being held, any report of the person who conducted the hearing. An Bord Pleanála may confirm the Compulsory Purchase Order or any part thereof with or without modifications or may annul the Compulsory Purchase Order or any part thereof.
A person may question the validity of any decision by An Bord Pleanála to confirm a Compulsory Purchase Order by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts as provided for in Section 50 of the Planning and Development Acts 2000-2021. Further information can be obtained from An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902 in respect of the judicial review procedure.
Further information in respect of the Judicial Review process can also be found on the Citizens Information web site at www.citizensinformation.ie and phone services at 0818 07 4000 or at your local Citizens Information Centre during its usual (opening) hours of operation.
An application is also being made to An Bord Pleanála under Section 177AE of the Planning and Development Act 2000 (as amended), for which separate notice has been given, and for which a Natura Impact Statement has been prepared in respect of the development which is proposed to be carried out on the lands.
Submissions and observations in relation to that application in relation to the implications of the proposed development for proper planning and sustainable development of the area concerned, the likely effects on the environment and the likely significant effects on a European Site, should be addressed in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902, to be received no later than 5:30pm on Friday 30th June 2023.
The person conducting any oral hearing that may be held in relation to the Compulsory Purchase Order which relates to a development under Section 177AE of the Planning and Development Act 2000 (as amended) is entitled to hear evidence on the likely effects on the environment, the likely consequences for proper planning and sustainable development and the likely significant effects on a European Site.