Legislation

Section 53 of the Act (Proposal to dispose of relevant public land) outlines the requirement of a relevant public body to consult with the LDA prior to disposing of any relevant public land.

Section 53 states:

1. A relevant public body shall not dispose of relevant public land unless the body has given notice under subsection (2) and offered the land for sale to the Agency within the period of 12 months immediately prior to the disposal.
2. A relevant public body shall give notice to the Agency of its intention to dispose of relevant public land and shall provide to the Agency any information sought by it in relation to the land concerned.
3. The Agency shall assess whether the relevant public land is fit for use for the purposes of this Act, and, having regard to the matters referred to in paragraphs (a) to (e) of section 52(3) and any information provided to the Agency under subsection (2), shall decide to acquire or refuse to acquire that land.
4. The Agency shall decide under subsection (3), and give notice to the relevant public body concerned of the decision, within eight weeks of the latter of either of the following occurring:
   1. receipt of a notice under subsection (2);
   2. receipt of information requested under subsection (2).

Role of a Relevant Public Body

A Section 53 notice shall be submitted to the LDA using the submission form below. Adequate information shall be provided to ensure a comprehensive assessment of the site can be carried out by the LDA, this should include:

• The ownership details of the land(s);
• Location of the land(s) i.e. address, google maps link, Eircode, folio number, etc.
• The area of the land(s) being disposed or;
• Detailed information on the reasons for disposal of the land(s), including any contract commitments for the site, information regarding any leasehold interests, etc.;
• A red line boundary map of the land(s);
• Any other relevant information the LDA may require to assess the land(s).

Submit a Section 53 notice.

Role of the LDA

The LDA shall assess whether the relevant public land is fit for use for the purposes of the LDA Act 2021, and, having regard to the matters referred to in paragraphs (a) to (e) of section 52(3) of the LDA Act, shall decide to acquire or refuse to acquire that land.

The matters referred to is Section 52 (3), of which each piece of lands will be assessed to, include:

• the objectives of the development plan and local area plan in force for the area where the land is situated;
• any masterplan affecting the land;
• the potential for development of the land in conjunction with contiguous sites that also constitute relevant public land;
• the cost of provision of infrastructure and development costs estimated by the LDA to be associated with the use to which the land may be put;
• the priority, having regard to the nature of the land, proposed to be given to its development relative to other relevant public land and the period within which that development is could take place;

The LDA may request further information to properly assess whether the relevant public land is fit for use for the purposes of the Act. Once all information has been reviewed, the LDA shall decide to acquire or refuse to acquire the land and give notice to the relevant public body concerned of the decision, within eight weeks of the original notice or of any further information.

A summary of all valid Section 53 notices received by the LDA will be submitted to government through in the Report on Relevant Public Lands.