Under the Derelict Sites Act 1990, all planning authorities are required to establish and maintain a Derelict Sites Register. The Register will contain details of sites where the planning authority is of the opinion that the site is derelict.
The definition of a Derelict Site is contained in Section 3 of the Act: “Derelict site” means any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of:
a) The existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or
b) The neglected, unsightly or objectionable condition of the land or any structures on the land in question, or
c) The presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.
The Derelict Sites Register
The Derelict Sites Register is published each January on Wicklow County Council’s website. The Register remains in place for a year and changes to the Register during that period are recorded and available to view.
For a site to be entered on the Register, details of ownership of the land must be ascertained by the planning authority by reasonable enquiry. Site owners must be notified of the planning authority’s intent to include their property on the Register. This notification allows property owners time to make a submission to the planning authority. Following this, if the planning authority continues to consider that the property is a derelict site, the owner will be notified of the property’s inclusion on the Register.
Derelict Sites Levy
As soon as possible after the entry of a site on the Derelict Sites Register, the planning authority will determine the market value of a derelict site. The levy shall be calculated at 7% of the market value of the site. The property owner shall be informed of the market valuation and subsequently, of the amount of levy due. The levy is payable for each year that the property remains on the Register.