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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 15

Exclusion of compensation in certain cases.

15.(1) Compensation shall not be payable under this Part in respect of a
compensatable estate subsisting in land which is the subject of a
planning decision whereby permission for the carrying out of any
new development is refused

(a)where the development consists of

(i)a change in the use ofng (including the conversion or adaptation of any
building for the purpose of the proposed development); or

(ii)a change in the use of any land other than buildings, unless the
development consists of the carrying out of any building operations or the
getting of minerals or the stationing of any caravans on the land;

(b)if the reason or one of the reasons stated for the refusal is that
development of the kind proposed would be premature having regard to either or
both of the following matters, that is to say

(i)the order of priority, if any, for development contained in [a development
plan for the area in which the land is situated];

(ii)any existing deficiency in the provision of water supplies, sewerage
services or roads and the period within which any such deficiency may
reasonably be expected to be made good;

(2) Compensation shall not be payable under this Part in respect of a
compensatable estate subsisting in land which is the subject of a
planning decision whereby permission for the carrying out of any
new development is refused if the reason or one of the reasons stated for the
refusal is that the land is unsuitable for the proposed development on account
of its liability to flooding or subsidence.

(3) Compensation shall not be payable under this Part in respect of a
compensatable estate subsisting in land which is the subject of a
planning decision whereby permission to display any advertisements is refused
or is granted subject to conditions.

(4) Compensation shall not be payable under this Part in respect of a
compensatable estate subsisting in land which is the subject of a
planning decision whereby permission for the carrying out of any
new development is granted subject to conditions relating to

(a)the dimensions, design, structure or external appearance of any building,
or the materials to be used in its construction;

(b)the number of any buildings included in the development or the disposition
of any building so included;

(c)the character or user of any building or other land included in the
development;

(d)the position in which caravans may be stationed on a caravan site at any
one time or the number of caravans which may be so stationed;

(e)the net annual value of any building included in the development;

(f)the manner in which any land is to be laid out for the purposes of the
development, including the provision of facilities for the parking, loading,
unloading or fuelling of vehicles on the land;

(g)without prejudice to paragraph (h), the width, position or arrangement of
streets or the materials to be used in the construction of streets;

(h)the width, position or arrangement of any means of access to a highway or
the materials to be used in the construction of any such means of access;

(i)the getting of minerals or any operations incidental thereto.

(5) Where a planning decision is given whereby permission to develop land is
granted subject to conditions, compensation shall not be payable under this
Part in respect of a compensatable estate subsisting in land which is the
subject of that decision if any development permitted by the decision is
initiated before the date on which an appeal is determined under section 2(6)
of the Act of 1944 [or Article 23 of the Order of 1972] in respect of that
decision ....

(6) For the purposes of this section, a planning decision whereby permission
for the carrying out of any new development is granted subject to a condition
prohibiting development on a specified part of that land shall be treated as a
decision refusing the permission with respect to that part of the land.

(7) In this section

"advertisement" means any word, letter, model, sign, placard, board, notice,
device or representation, whether illuminated or not, employed wholly or
partly for the purposes of advertisement, announcement or direction and
includes any hoarding or similar structure which is used or intended for use
for displaying advertisements;

"street" has the same meaning as in the Private Streets Act (Northern Ireland)
1964.

© 1965 Crown Copyright

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