Legal authority to acquire land
Under Sections 95 and 96 of the Local Government Act (Northern Ireland) 1972, Councils have the right to acquire and hold land for a number of purposes as follows:
“Part vii miscellaneous functions
Land
95.-(1) A council may provide and maintain offices, halls or other buildings to be used for the purpose of transacting the business of the council or for public meetings, assemblies or entertainments.
(2) A council may acquire land otherwise than by agreement for the purposes of this section.
96.-(1) The purposes for which a council may acquire and hold land shall include:-
(a) the benefit of the inhabitants of its district;
(b) the improvement, development or future development of its district; and for the purposes of section 19 (1) (s) (iv) of the Interpretation Act (Northern Ireland) 1954 and any other transferred provision those purposes shall be deemed to be included among the purposes for which the council is constituted.
(2) The right of a council to acquire land may be exercised, notwithstanding that the land is not immediately required for any of the purposes for which the council is constituted; but the council shall not exercise that right by virtue of this subsection otherwise than with the approval of the Ministry.
Section 8 of The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 gave additional powers to Councils in relation to economic development:-
8.-(1) A district council may promote the economic development of its district.
(2) Without prejudice to the generality of paragraph (1), a district council may for the purposes of the economic development of its district:
(a) make payments
(b) acquire, hold and develop land
(3) The power to acquire land under paragraph (2)(b) includes power to acquire it otherwise than by agreement.
(4) In paragraph (2) “develop”, in relation to land includes:
(a) erect, alter or extend buildings thereon
(b) carry out works thereon
(c) provide means of access, services and other facilities for persons using the land
(d) facilitate the doing of such things by another person
(e) manage and dispose of the land
(5) In exercising its powers under this Article a district council shall have regard to any guidance for the time being issues under paragraph (6).
(6) The Department for the Economy may, after consultation with district councils and other interested bodies or persons, issue guidance as to the exercise by district councils of their powers under this Article.”