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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 37

Application of s.24 to compensation payable otherwise than under Part II.

37.(1) Section 24 shall have effect in relation to any compensation to which
this section applies in like manner as it has effect in relation to
compensation payable under Part II with the substitution for the reference in
subsection (1)(a) to any person who claims any part of compensation exceeding
fifty pounds which becomes payable under Part II of a reference to any person
who is entitled to an estate in the land in question, being a person who
appears to the Ministry to be substantially affected by the registration of a
notice under that section as applied by this section.

(2) This section applies to any compensation which has been paid or is payable
under section 6(4) of the Act of 1944 after 25th February 1963 in relation to
the refusal or grant subject to conditions of planning permission for any
new development or the revocation or modification by an order under section 3
of the Act of 1944 of planning permission for any new development.

(3) Where section 24 has effect in relation to any compensation to which this
section applies, any person who is entitled to an estate in any relevant land
may, if he has acquired that estate in the land after the date of the decision
or order in respect of which the compensation in question has been paid or is
payable but before the date of passing of this Act, make an application to
the Ministry claiming

(a)that the consideration which he furnished in order to acquire his estate or
the obligations which he has incurred by virtue of acquiring the estate, are
greater than they might reasonably be expected to have been if the notice had
been registered in the Statutory Charges Register before the date on which he
entered into the contract to acquire that estate; or

(b)if he has not furnished any consideration in order to acquire his estate,
that any consideration furnished after the date of that decision or order by
any person from whom he derived his estate is greater than it might reasonably
be expected to have been if the notice had been registered in the Statutory
Charges Register before the date on which the person from whom his estate is
derived entered into the contract to acquire the estate from which the
claimant derives his estate.

(4) Where a person makes an application to the Ministry under subsection (3),
the Ministry shall consider the matters referred to in the application, and
may if it thinks fit either cancel the notice or serve on him a notice
specifying therein such lesser amount as the Ministry considers to be
appropriate in lieu of the amount specified in the first notice, and
section 24 shall, subject to any necessary modifications, have effect in
relation to any notice served under this subsection as it has effect in
relation to a notice served under that section.

(5) Where any dispute arises under subsection (4) as to the cancellation or
service of a notice, it shall be referred to the Lands Tribunal for
determination.

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

(a)the reference to compensation paid under Part II were a reference to
compensation to which this section applies; and

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

(7) In this section "relevant land" means any land in respect of which a
notice is served under section 24 as applied by this section.

© 1965 Crown Copyright

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