[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 28

Compensation for planning decisions restricting development other than new development.

28.(1) Where compensation for depreciation becomes payable under section 26 in
circumstances such that, if the planning permission revoked or modified by the
order had been refused or, as the case may be, had been granted as so modified
at the time when it was granted, compensation under Part II could have been
claimed, and would have been payable, subsections (2) and (3) shall have
effect in relation to such amount (in this section referred to as "the
appropriate amount") as the Ministry determines to be the amount of
compensation which would have been payable under Part II.

(2) Subsection (1) of section 9 shall apply in relation to
the appropriate amount as it applies in relation to the compensation specified
in subsection (2) of that section.

(3) Where an amount becomes repayable under section 24 as applied by
section 27, section 25 shall apply as if

(a)the reference to compensation paid under Part II were a reference to
compensation for depreciation;

(b)the reference to subsection (6) of section 24 were a reference to that
subsection as applied by section 27;

(c)the reference to the compensation attributable to the land were a reference
to the appropriate amount.

(4) The Ministry may make regulations

(a)for requiring the Ministry to give notice of its intention to determine
that an amount is the appropriate amount to persons entitled to estates which
appear to the Ministry to be likely to be substantially affected by the
determination;

(b)for enabling persons to whom such notice is given to object, on the grounds
that compensation would not have been payable as mentioned in subsection (1),
or that the amount of the compensation so payable would have been less than
the appropriate amount;

(c)for enabling such persons to require the matter in dispute to be referred
to the Lands Tribunal for determination.

© 1965 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ldvai1965534/s28.html