Reform body proposes changes to overhaul CPO process

The Law Reform Commission (LRC) has published a paper proposing major changes as to how compulsory purchase orders (CPO) are conducted.

Reform body proposes changes to overhaul CPO process

A CPO is where certain public bodies can take land without the consent of the owner and usually occurs to allow a public infrastructure project, for the common good, to go ahead.

Raymond Byrne, the commissioner of the LRC, said proposals are under 23 headings to which the public are invited to make submissions.

He pointed out there are two key points within the 23 headings.

“There are over 70 pieces of legislation dealing with CPOs and we are asking ‘should we have a single piece of legislation?’” he told the Irish Examiner.

As public bodies were established, they were given their own powers to carry out CPOs, and this is the reason why there were so many pieces of legislation.

The LRC has now posed the question to tidy up the process.

“While most [CPO] rules are similar, not all are the same. In the main, when there is a need for someone’s land for housing that has to be approved by An Bord Pleanála. That’s the standard approach.

“However, the IDA [Industrial Development Authority] can confirm its own CPO,” said Mr Byrne.

“So we have asked: ‘would it be better if all confirmations are decided by An Bord Pleanála?’” he added.

The second key issue in the proposed overhaul of the CPO process relates to who can object.

“At the moment really only landowners, where their land is being CPO-ed can object to it. But what about neighbouring land, say if it’s a big environmental project? We have asked that more people be allowed to object, even if it is not directly affecting their land,” explained the LRC commissioner.

Another significant question posed by the LRC report is in connection with the landowner, whose land is being pursued, to be able to carry out a proposed project themselves.

“Could the owner themselves say: ‘Let me do the project?’ Could you allow the landowner to do it rather than the State authority if they were a developer?” stated Mr Byrne.

He pointed out the paper being published today contains questions to overhaul the process through reforms, not explicit recommendations.

The public has until the end of February to submit their views on the paper and Mr Byrne estimates consulting will continue through 2018.

The LRC is an independent statutory body whose main role is to keep the law under review and to make proposals for reform.

To date, the commission has published over 200 documents such as consultation papers, issues papers and reports, containing reform proposals. The majority of the proposals have influenced the drafting and content of reforming legislation.

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