PART III

Compensation in Relation to Decisions under Part IV of Principal Act

11. —If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of the Principal Act involving a refusal of permission to develop land or a grant of such permission subject to conditions, the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, that person shall, subject to the provisions of this Part, be entitled to be paid by the planning authority by way of compensation—

(a) such amount, representing the reduction in value, as may be agreed,

(b) in the absence of agreement, the amount of such reduction in value, determined in accordance with the First Schedule , and

(c) in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried out on the land.

12. —(1) Compensation under section 11 shall not be payable in respect of the refusal of permission for any development—

(a) of a class or description set out in the Second Schedule , or

(b) if the reason or one of the reasons for the refusal is a reason set out in the Third Schedule .

(2) Compensation under section 11 shall not be payable in respect of the imposition, on the granting of permission to develop land, of any condition of a class or description set out in the Fourth Schedule .

(3) Compensation under section 11 shall not be payable in respect of the refusal of permission, or of the imposition of conditions on the granting of permission, for the retention on land of any structures to which section 28 of the Principal Act relates.

(4) Where, under section 29 of the Principal Act, it is the duty of a planning authority to acquire an interest in land, compensation under section 11 shall not be payable in relation to that interest.

13. —(1) Where a claim for compensation is made under section 11 , the planning authority concerned may, not later than three months after the claim is received and having regard to all the circumstances of the case, serve a notice in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop land or the grant of such permission subject to conditions, the land in question is in their opinion capable of other development for which permission under Part IV of the Principal Act ought to be granted.

(2) For the purpose of subsection (1), other development means development of a residential, commercial or industrial character, consisting wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.

(3) A notice under subsection (1) shall continue in force for a period of five years commencing on the day of service of the notice unless before the expiration of that period—

(a) the notice is withdrawn by the planning authority, or

(b) a permission is granted under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule , or

(c) the notice is annulled by virtue of subsection (5).

(4) Compensation shall not be payable on a claim made under section 11 where—

(a) a notice under subsection (1) is in force in relation to that claim, or

(b) a notice under subsection (1) was in force in relation to that claim but has ceased to be in force by reason of the expiration of the period mentioned in subsection (3) and an application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice has not been made within the said period, or

(c) a notice under subsection (1) was in force in relation to the claim but has ceased to be in force by virtue of paragraph (b) of subsection (3).

(5) A notice under subsection (1) shall be annulled where, upon an application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, such permission is refused or is granted subject to conditions other than conditions of a class or description set out in the Fourth Schedule .

(6) No claim for compensation under section 11 shall lie in relation to a decision under Part IV of the Principal Act referred to in subsection (5).

(7) Section 29 (1) (b) of the Principal Act is hereby amended by the deletion after the word “Act”, of the words “or for which the planning authority have undertaken to grant such permission,”.

14. —(1) Where, in a case determined on an appeal under Part IV of the Principal Act, permission to develop any land has, save in a case referred to in subsection (2), been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule , nothing contained in section 12 shall prevent compensation being paid if, an application having been made in that behalf within two months after the notification of the decision by the Board, or within such longer period as the Minister may allow, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 .

(2) Subsection (1) does not apply—

(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

(b) where there has been a refusal of permission for development including any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board;

(ii) would be under a public road;

(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure; or

(iv) would be prejudicial to public health, and

(c) where a notice has been served under section 13 (1).

(3) Where in a case in which a notice has been served under section 13 (1), save in a case referred to in paragraphs (a) and (b) of subsection (2), upon a subsequent application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, such permission is granted subject to any condition relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule , then nothing contained in section 12 or section 13 shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 or section 13 .

15. —(1) Nothing in section 12 shall prevent compensation being paid—

(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in paragraph (a) or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

(2) Every dispute and question whether a new structure would or does replace substantially within the meaning of subsection (1) a demolished or destroyed structure shall be determined by the Board.

16. —A person shall not be entitled to assign to any other person all or any part of any prospective compensation under section 11 , and every purported assignment or promise, express or implied, to pay any other person any money in respect of any such compensation is void.

17. —(1) Where permission to develop land has been revoked or modified by a notice under section 30 of the Principal Act—

(a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure;

(b) the provisions of this Act shall apply in relation to the notice where it revoked the permission or modified it by the imposition of conditions—

(i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

(ii) in case it modified the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions,

subject to the modifications that a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in section 12 (4), the reference to section 29 of the Principal Act shall be construed as a reference to that section as applied by section 30 of that Act.

(2) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.