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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 18

Assessment of depreciation.

18.(1) For the purposes of this Part, the value of a compensatable estate in
land, or of a compensatable estate in so far as it subsists in particular
land, shall be taken to be depreciated by a planning decision (in this section
referred to as "the relevant decision") if, and to the extent to which, that
value, calculated in accordance with subsections (2) to (5), falls short of
what that value, so calculated, would have been if the relevant decision had
been a decision to the contrary effect.

(2) Subject to subsections (3) to (5), any such value shall for the purposes
of this section be calculated as at the time of the relevant decision, but

(a)as affected by that decision, by any grant of planning permission made in
relation to the land in question after that decision and by any [direction
under Article 69 of the Order of 1972]; and

(b)on the assumption that, after the relevant decision, and apart from any
such permission or [direction] as is mentioned in paragraph (a), planning
permission would not be granted for any new development of the land in
question but would be granted for any development thereof other than
new development.

(3) If in consequence of another planning decision or of an order under
section 3 of the Act of 1944 [or Article 29 of the Order of 1972] revoking or
modifying any planning permission, being a decision given or order made

(a)before the relevant decision; and

(b)either in respect of the whole or part of the land to which
the relevant decision relates, or in respect of land which includes the whole
or part of that land;

(4) Where under this section a calculation has to be made as if a
planning decision were a decision to the contrary effect or an order under
section 3 of the Act of 1944 [or Article 29 of the Order of 1972] had not been
made the calculation shall be made on the footing that any development must
comply with the provisions of any statutory provision (other than the Planning
Acts (Northern Ireland) 1931 and 1944) which would be applicable thereto.

(5) Subsection (3) applies

(a)to any compensation under the Act of 1944;

(b)to any compensation under this Part; and

(c)to so much of any compensation as is payable or was paid under section 26
in respect of loss or damage consisting of depreciation of the value of a
compensatable estate in land.

(6) In this section and in section 19 "a decision to the contrary effect"
means

(a)in relation to a decision refusing permission, a decision granting the
permission subject to such conditions, if any, of a description falling within
section 15(4) as the person giving the decision might reasonably have been
expected to impose had he not refused the permission;

(b)in relation to a decision granting the permission subject to conditions, a
decision granting the permission subject only to such of those conditions, if
any, as fall within section 15(4).

© 1965 Crown Copyright

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