Derelict Properties - A way forward? 1 2 3 4 Derelict - - PowerPoint PPT Presentation

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Derelict Properties

• A way forward?

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Derelict properties

• Distress neighbours
• Can be a health risk/fire risk
• Affect the value of neighbouring properties
• Can be locations for criminal activity
• Cost the community and council

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Exeter Place, Tihiotonga

• 9 year process
• 2 legal opinions
• 4 external reports
• In excess of $60,000 to date
• Continuing legal costs

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The problem

• Current legislation does not allow territorial

authorities to deal with derelict properties in a manner that is timely and cost effective.

• The threshold that must be surpassed to prove that

a property is a nuisance, dangerous or insanitary is too high.

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The Derelict Sites Act 1990 (revised and updated to 10 July 2013), Law Reform Commission, Ireland

Definition: 3. In this section “derelict site” means any land (in this section referred to as “the land in question”) 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

• r waste, except where the presence, deposit or collection of such litter, rubbish, debris
• r waste results from the exercise of a right conferred by F1 [or under] statute or by

common law.

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Thank you