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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 17

17.(1) Where compensation is payable under this Part in respect of a
compensatable estate subsisting in land which is the subject of a
planning decision depreciating the value of that compensatable estate, the
amount of the compensation shall, subject to subsections (2) to (5), be
whichever is the lesser of the following amounts:

(a)the amount by which the value of that compensatable estate (if it is a
compensatable estate subsisting only in land to which this section applies),
or (if it is a compensatable estate extending to other land) the amount by
which the value of the compensatable estate in so far as it subsists in land
to which this section applies, is depreciated by the decision;

(b)the amount of the balance of development value, immediately before the
decision, of so much of the land in which the compensatable estate subsists as
is land to which this section applies.

(2) Land to which this section applies, in relation to a planning decision, is
land which

(a)constitutes or forms part of the decision area; and

(b)at the time of the decision has a balance of development value.

(3) If in relation to any land to which this section applies

(a)compensation is payable under this Part in respect of two or more
compensatable estates in that land by reason of the same planning decision;
and

(b)the aggregate amount of compensation payable apart from this subsection in
respect of the compensatable estates referred to in paragraph (a) would exceed
the amount mentioned in subsection (1)(b);

(4) Where

(a)at the date of such a planning decision as is mentioned in section 14(1), a
public body are entitled to a compensatable estate in the land constituting or
forming part of the decision area; and

(b)by virtue of section 14(2), compensation is not payable in respect of that
compensatable estate;

(5) Where the land constituting the decision area, taken as a whole, does not
satisfy both of the following conditions

(a)that at the time of the decision it has a balance of development value; and

(b)that every compensatable estate subsisting therein, the value of which is
depreciated by the decision, subsists in the whole of that land;

(6) Where this subsection applies in relation to a compensatable estate in
land

(a)the depreciation of the value of the compensatable estate by the
planning decision shall first be ascertained with reference to the whole of
the land which constitutes or forms part of the decision area and is land in
which that compensatable estate subsists;

(b)the land referred to in paragraph (a) shall then be treated as divided into
as many parts as may be requisite to ensure that each such part consists of
land which either

(i)satisfies both of the conditions mentioned in subsection (5); or

(ii)is not land which, at the time of the decision, has a balance of
development value;

(c)the depreciation of the value of the compensatable estate, ascertained in
accordance with paragraph (a), shall then be apportioned between those parts,
according to the nature of those parts and the effect of the planning decision
in relation to each of them;

(7) In this section "the decision area" in relation to a planning decision
means the aggregate of the land to which the decision relates.

© 1965 Crown Copyright

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