[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> LAND ACQUISITION AND COMPENSATION (NORTHERN

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND ACQUISITION AND COMPENSATION (NORTHERN

12.(1) This Article has effect where, whether before, on or after the
commencement date

(a)the carriageway of a road has been altered after the road has been open to
public traffic;

(b)any public works other than a road have been reconstructed, extended or
otherwise altered after they have been first used; or

(c)there has been a change of use in respect of any public works other than a
road or aerodrome.

(2) If and so far as a claim in respect of the road or other public works
relates to depreciation that would not have been caused but for the
alterations or change of use, this Part shall, subject to paragraph (3), have
effect in relation to the claim as if the relevant date (instead of being the
date specified in Article 4(9)) were

(a)the date on which the road was first open to public traffic after
completion of the alterations to the carriageway;

(b)the date on which the other public works were first used after completion
of the alterations; or

(c)the date of the change of use,

(3) Paragraph (2) shall not by virtue of any alterations to an aerodrome apply
to a claim in respect of physical factors caused by aircraft unless the
alterations are runway or apron alterations.

(4) Where a claim relates to such depreciation as is mentioned in paragraph
(2) the notice of claim shall specify, in addition to the matters mentioned in
Article 6, the alterations or change of use alleged to give rise to the
depreciation; and if and so far as the claim relates to such depreciation

(a)Article 9 shall have effect as if the increase in value to be taken into
account were any increase that would not have been caused but for the
alterations or change of use in question;

(b)paragraph (1) of Article 11 shall not preclude the payment of compensation
unless the previous claim was in respect of depreciation that would not have
been caused but for the same alterations or change of use, and paragraph (2)
of that Article shall not preclude the payment of compensation unless the
works for which the land was acquired were works resulting from the
alteration, or works used for the purpose, to which the claim relates.

(5) For the purposes of this Article the carriageway of a road is altered if,
and only if

(a)the location, width or level of the carriageway is altered (otherwise than
by re-surfacing); or

(b)an additional carriageway is provided for the road beside, above or below
an existing one;

(6) In this Article "runway or apron alterations" means

(a)the construction of a new runway, the major re-alignment of an existing
runway or the extension or strengthening of an existing runway; or

(b)a substantial addition to, or alteration of, a taxiway or apron, being an
addition or alteration whose purpose or main purpose is the provision of
facilities for a greater number of aircraft.

(7) For the avoidance of doubt it is hereby declared that references in this
Article to a change of use do not include references to the intensification of
an existing use.

© 2001 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/laac405/longtitle.html