PART IV

Compensation in Relation to Sections 36, 37, 44, 45, 48, 83 and 85 of Principal Act

18. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of the Principal Act, the value of an interest of any person in the structure existing at the time of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage.

(2) Where, under section 29 of the Principal Act as applied by subsection (9) of section 36 of that Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

19. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of the Principal Act, the value of an interest of any person in the land existing at the time of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage, provided that no compensation shall be paid under this section in relation to damage resulting from the imposition under section 37 of the Principal Act of conditions on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious water pollution or the danger of such pollution.

(2) Subsection (1) shall not apply where the use of land is use for the exhibition of advertising unless at the time of such discontinuance or compliance, the land has been used for the exhibition of advertising for less than five years, whether such use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land.

(3) Where, under section 29 of the Principal Act as applied by subsection (8) of section 37 of that Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

20. —If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of the Principal Act, the value of an interest of any person in the land existing at the time of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of such land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or such damage.

21. —If, on a claim made to the planning authority, it is shown that, as a result of any decision of the authority to refuse a consent required under an order under section 45 of the Principal Act, or to grant any such consent subject to conditions, the value of an interest of any person in the land to which such decision relates existing at the time of the decision is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage, but—

(a) where the order declares that, as respects any tree, trees or group of trees not comprised in woodlands, the tree, trees or group is or are of special amenity value or special interest no compensation shall be payable in relation to the tree, trees or group;

(b) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to replant is an essential condition for attachment in the interests of amenity to any consent given under the order no compensation shall be payable in relation to such a condition attached to any such consent;

(c) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to preserve a specified proportion of the trees, not being greater than twenty per cent., is an essential condition for attachment, because of special amenity value or of special interest, to any consent given under the order, no compensation shall be payable in relation to such a condition attached to any consent;

(d) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to phase the felling or extraction of trees over a period of up to 20 years in such manner as may be specified in the order, is an essential condition for attachment, because of special amenity value or of special interest, to any consent given under the order, no compensation shall be payable in relation to such a condition attached to any consent.

22. —If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of the Principal Act made by that authority, is reduced, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage.

23. —If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of the Principal Act, any person has suffered damage, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

24. —If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of the Principal Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, the value of an interest of any person in the land or structure existing at the time of the action of the planning authority is reduced, or that any person having an interest in the land or structure at that time has suffered damage by being disturbed in his enjoyment of such land or structure, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of the damage.