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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 26

26.(1) Where any planning permission is revoked or modified by an order under
section 3 of the Act of 1944 [or Article 29 of the Order of 1972] then, if on
a claim duly made to the Ministry in accordance with this section, it is shown
that a person interested in the land to which the permission related

(a)has incurred expenditure in carrying out work which is rendered abortive by
the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to
the revocation or modification;

(2) For the purposes of this section, any expenditure incurred in the
preparation of plans for the purposes of any work, or upon other similar
matters preparatory thereto, shall be taken to be included in the expenditure
incurred in carrying out that work.

(3) Subject to subsection (2), compensation shall not be paid under this
section in respect of

(a)any work carried out before the grant of the permission which is revoked or
modified; or

(b)any other loss or damage (not being loss or damage consisting of
depreciation of the value of a compensatable estate in any land) arising out
of anything done or omitted to be done before the grant of that permission.

(4) Where an order under section 3 of the Act of 1944 [or Article 29 of
the Order of 1972] revokes or modifies any planning permission granted for the
carrying out of any new development, then in calculating, for the purposes of
this section, the amount of any loss or damage consisting of depreciation of
the value of a compensatable estate in any land, it shall be assumed that
planning permission would not be granted for any new development of the land
but would be granted for any development other than new development.

(5) Where an order under section 3 of the Act of 1944 [or Article 29 of
the Order of 1972] revokes or modifies any planning permission granted for the
carrying out of any development other than new development, the amount of
compensation for depreciation payable under this section shall be the amount
of compensation which would be payable under section 29 if subsections (3) and
(7) of that section were omitted and the order were such a planning decision
as is mentioned in section 29(1) which, in the case of an order revoking any
permission, refused planning permission to carry out the development in
question, or, in the case of an order modifying any permission, granted
planning permission to carry out the development in question subject to the
like conditions as are specified in the order.

(6) Section 20(2) shall have effect in relation to a claim for compensation
under this section as it has effect in relation to a claim for compensation
under Part II and section 22 shall have effect in relation to a claim for
compensation for depreciation (within the meaning of section 27) as it has
effect in relation to a claim for compensation under Part II, and in
particular those provisions shall have effect as if for any reference to the
date of a planning decision there were substituted a reference to the date of
an order under section 3 of the Act of 1944 [or Article 29 of
the Order of 1972] made after 25th February 1963.

(7) The Ministry may make regulations under this section as to the manner in
which any claims for compensation under this section must be made.

© 1965 Crown Copyright

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