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[13th November 1973]4P ART I [{3}or under any provision of a scheme operated
by a person managing an aerodrome which provides for the payment of
sound-proofing grants in respect of buildings near the aerodrome]; C >>( b )
which have been carried out under Article 25 or 28; B and it shall be assumed
that any relevant works which could be or could have been carried out, or in
respect of which a grant could be or could have been paid, under any of the
provisions mentioned in sub-paragraph ( a ) have been carried out but, in a
case where the authority having functions under that provision have a
discretion whether or not to carry out the works or pay the grant, only if
they have undertaken to do so. B>[{4}In paragraph ( a ) above ""sound-proofing
grants'', in relation to any buildings, means grants towards the cost of
insulating those buildings or parts of those buildings against noise.] B>(4)
The value of the interest in respect of which the claim is made shall be
assessed C >>( a ) subject to paragraph (5), by reference to the nature of the
interest and the condition of the land as it subsisted on the date of service
of notice of the claim; <1919 c.57 ]
nsation Act (Northern Ireland) 1964 (compensation for
acquisition to include compensation for injurious affection of other land
retained),
(3) Paragraph (2) applies whether the acquisition is before, on or after the
date on which this Part comes into force (in this Part referred to as "the
commencement date") and, where it is on or after that date, the public works
for the purposes of which the land is acquired shall be taken to be those
specified in the relevant particulars registered under paragraph (4).
(4) Where on or after the commencement date an authority possessing compulsory
acquisition powers acquires land for the purposes of any public works and the
person from whom the land is acquired retains land which, in relation to the
land acquired, constitutes other land or lands within the meaning of the
sections mentioned in paragraph (2), particulars of the land retained and the
nature and extent of those works shall be included amongst the matters which
are required to be registered in the Statutory Charges Register and
accordingly ... residue adds para.31 to sch.11 of 1970 c.18 (NI)
(5) In a case in which compensation for injurious affection fell or falls to
be assessed otherwise than in accordance with Article 45, paragraph (2) shall
not preclude the payment of compensation under this Part in respect of
depreciation by public works so far as situated elsewhere than on the land
acquired.
(6) Where after a claim has been made in respect of any interest in land the
whole or part of the land in which that interest subsists is compulsorily
acquired, then, if
(a)the value of that land has been diminished by the public works to which the
claim relates; but
(b)the compensation in respect of the compulsory acquisition falls to be
assessed without regard to the diminution,
(7) Without prejudice to the foregoing provisions of this Article,
compensation shall not be payable in respect of the same depreciation both
under this Part and any other statutory provision.
© 2001 Crown Copyright
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