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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 27

Application of ss.9 and 25 to compensation under s.26.

27.(1) Where compensation payable under section 26 includes
compensation for depreciation of an amount exceeding fifty pounds,
the Ministry may, if it appears to it to be practicable to do so

(a)apportion the amount of the compensation for depreciation between different
parts of the land to which the claim for that compensation relates; and

(b)give particulars of any such apportionment to the claimant and to every
other person, if any, entitled to an estate in the land which appears to
the Ministry to be substantially affected by the apportionment.

(2) In making an apportionment under subsection (1) the Ministry

(a)shall divide the land into parts; and

(b)shall distribute the compensation between those parts, according to the
manner in which the different parts appear to the Ministry to be differently
affected by the order in respect of which the compensation for depreciation is
payable.

(3) Section 23, and any regulations made by virtue thereof, shall have effect
with respect to any apportionment under subsection (1) as they have effect
with respect to an apportionment under section 21.

(4) On a reference to the Lands Tribunal by virtue of subsection (3),
subsections (1) and (2), so far as they relate to the making of an
apportionment, shall apply as if for the references in those subsections to
the Ministry there were substituted references to the Lands Tribunal.

(5) Section 24 shall, subject to subsection (6), have effect with respect to
compensation for depreciation payable under section 26 as it has effect with
respect to compensation payable under Part II, with the substitution for
references to a planning decision, of references to the order under section 3
of the Act of 1944 [or Article 29 of the Order of 1972] in consequence of
which the compensation for depreciation is payable.

(6) Where any compensation for depreciation under section 26 specified in a
notice registered under section 24(2) (as applied by subsection (5)) became
payable in respect of an order modifying planning permission, any development
carried out in accordance with that permission as so modified shall not be
deemed to constitute relevant development within the meaning of section 24.

(7) In this section and section 28 "compensation for depreciation" means so
much of any compensation payable under section 26 as is payable in respect of
loss or damage consisting of depreciation of the value of a
compensatable estate in land attributable to an order revoking or modifying
any planning permission granted for the carrying out of any new development.

© 1965 Crown Copyright

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