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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 16

Exclusion of compensation where permission for alternative development is available.

16.(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 if, notwithstanding the refusal, there is available
with respect to that land permission for development to which this subsection
applies, but where the permission is available with respect to part only of
the land, this subsection shall have effect with respect only to that part.

(2) Where a claim for any Part II compensation is made in respect of a
compensatable estate subsisting in any land, permission for development to
which subsection (1) applies shall, for the purposes of that subsection, be
taken to be available with respect to that land or a part thereof, if
immediately before the Ministry gives notice of its findings in respect of
that claim there is in force with respect to that land or part, a grant of, or
an undertaking by the Ministry to grant, some such permission, subject to no
conditions other than such as are mentioned in section 15(4).

(3) Subsection (1) applies to any development of a residential, commercial or
industrial character, being development which consists wholly or mainly of
houses, flats, shop or office premises, or industrial buildings (including
warehouses), or any combination thereof.

Amount of compensation.

© 1965 Crown Copyright

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