LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 13 Information relating to development value.

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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 13

Information relating to development value.

13.(1) Subject to subsections (2) to (9), the Ministry shall, on application
being made to it by any person, and may if it thinks fit without any such
application issue a certificate in the prescribed form with respect to any
land

(a)stating whether any of that land has a development value;

(b)if it has, specifying the amount of the development value;

(c)giving a general statement of what was taken to be the state of the land
for the purposes of Part I and specifying any planning decision which, under
section 3(4), affected the development value of that land.

(2) Any such certificate issued with respect to any land shall contain
additional information with respect to acts or events (being acts or events of
which the Ministry is aware) which are or may be relevant for the purpose of
determining the balance of the development value of that land under this Part.

(3) Nothing in subsection (1) shall be construed as entitling any person to
the issue of a certificate under this section unless and until the development
value, if any, of any land to which the application relates has been
determined in accordance with Part I.

(4) Where the issue of a certificate under this section with respect to any
land involves a new apportionment, then

(a)except where the certificate is a certificate which the Ministry proposes
to issue without an application in that behalf, the certificate shall not be
issued otherwise than on the application of a person who is for the time being
entitled to an estate in the land;

(b)before issuing the certificate, the Ministry shall serve a notice in
writing on any person entitled to an estate in land appearing to it to be an
estate which will be substantially affected by the apportionment

(i)giving particulars of the proposed apportionment; and

(ii)stating that objections or other representations with respect thereto may
be made to the Ministry within the period of thirty days from the date of the
notice; and

(c)the certificate shall not be issued before the end of that period, and if
within that period an objection to the proposed apportionment has been made by
any person to whom notice has been given under paragraph (b), or by any other
person who establishes that he is entitled to an estate in land which is
substantially affected by the apportionment, and that objection has not been
withdrawn, subsection (5) shall have effect.

(5) Where, by virtue of subsection (4)(c) this subsection has effect, then

(a)if within a further period of thirty days the person by whom any such
objection was made requires the matter to be referred to the Lands Tribunal,
the matter shall be so referred, and the certificate shall not be issued until
either the Tribunal has decided the matter or the reference to the Tribunal
has been withdrawn;

(b)the certificate may be issued before the end of that further period if
every such objection has been withdrawn;

(c)the certificate shall be issued at the end of that further period
notwithstanding that every such objection has not been withdrawn, if a
requirement has not been made within that period under paragraph (a).

(6) Where, on a reference to the Lands Tribunal under this section, it is
shown

(a)that a new apportionment relates partly to the same matters as a previous
apportionment; and

(b)that the new apportionment is consistent with the previous apportionment in
so far as it relates to those matters;

(7) A certificate under this section shall be sufficient proof of any facts
stated therein unless the contrary is shown.

(8) An application for a certificate under this section

(a)shall be made in such form and manner as may be prescribed; and

(b)shall be accompanied by sufficient particulars, including a map if
necessary, to enable the land to be identified, and, where a new apportionment
will be involved

(i)particulars of the nature of the applicant's estate; and

(ii)such information as to the nature of any other estate in the land, and as
to the name and address of the person entitled to that other estate, as may be
known to the applicant.

(9) On any application under subsection (1)

(a)the applicant shall pay in the prescribed manner a fee of [25p]; and

(b)if the application involves a new apportionment the certificate shall not
be issued until the applicant has paid in the prescribed manner a further fee
of [75p].

(10) In this section "new apportionment" means an apportionment which relates
wholly or partly to any matter to which no previous apportionment related.

Right to compensation arising out of certain planning decisions.

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Northern Irish Legislation

LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 13