Compulsory Purchase Order - Derrylurgan, Ballyjamesduff

Compulsory purchase order for the purposes of section 76 of and the third schedule to the Housing Act, 1966, as amended by the Planning and Development Acts, 2000 - 2014

Housing Act, 1966

Section 10 of the Local Government (Ireland) Act, 1898, as amended by Section 11 of the local Government (No. 2) Act, 1960 ) and section 213 of the Planning and Development Acts, 2000 - 2014

Cavan County Council

5 No. derelict houses and adjacent lands to rear at Derrylurgan, Ballyjamesduff, County Cavan

Compulsory Purchase Order (2023)

1. Cavan County Council (hereinafter referred to as the “Housing Authority”) who, pursuant to of section 10 of the Local Government (No. 2) Act, 1960, as substituted by section 86 of the Housing Act, 1966 as amended by section 6 and the Second Schedule to the Roads Act, 1993 and amended and extended by the Planning and Development Acts, 2000 – 2014 has made an order entitled as above which is about to be submitted to An Bord Pleanála (hereinafter referred to as “the Board”) for confirmation. If confirmed, the order will authorise the Housing Authority to acquire:

1. compulsorily, for the purposes of developing age-friendly housing that will then be utilised as social dwellings, the lands described in Part I & 2 of the Schedule hereto, which land is shown on a drawing marked “Cavan County Council Compulsory Purchase Order No.1 2023 (Housing) - Deposited Map”.

All of which maps sealed with the seal of the Housing Authority are deposited at the following locations:

• Customer Service Desk, Johnston Library, Farnham Street, Cavan, Co. Cavan
• Ballyjamesduff Municipal District Office, Courthouse, Virginia, Co. Cavan

2. Owners, lessees and occupiers of the lands described in the Schedule hereto will receive individual written notice.

3. Any objections to the compulsory acquisition of land over land described in the Schedule hereto should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1, before 5.30pm on 22, May 2023

4. The Board cannot confirm a Compulsory Purchase Order in respect of the lands if an objection is made in respect of the acquisition by an owner, lessee or occupier of the lands, and not withdrawn, until it has caused to be held an Oral Hearing into the matter and until it has considered the objection and the report of the person who held the Oral Hearing. However, regard should be had to the provisions of Section 218 of the Planning and Development Act, 2000, as amended which provides that where as a result of the transfer of functions under Section 214, 215, 215A, 215B or 215C of the Planning and Development Act, 2000, as amended, the Board would otherwise be required to hold a local enquiry, public local enquiry or oral hearing, that requirement shall not apply to the Board but the Board may, at its absolute discretion, hold an Oral Hearing in relation to the matter, the subject of the function transferred.

5. A copy of the Order and the deposited maps may be seen at the following locations:-

1. a) Customer Service Desk, Johnston Library, Farnham Street, Cavan, Co. Cavan, from 9am to 5pm Monday – Friday (closed 1pm-2pm)
2. b) Ballyjamesduff Municipal District Office, Courthouse, Virginia, Co. Cavan, from 9am to 5pm Monday – Friday (closed 1pm-2pm)

Schedule

Lands being permanently acquired.

Part I

Land consisting of houses a house unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Part II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Dated this 27th day of March 2023

Eoin Doyle
Director of Services, Housing, Libraries & Cultural Services, Human Resources & Corporate Services,
Cavan County Council