LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965

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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 46

Short title.

46.(1) This Act may be cited as the Land Development Values (Compensation) Act
(Northern Ireland) 1965.

Subs.(2) rep. by 1972 NI 17 art.110(2) sch.7

1.(1) The carrying out of any of the following works, that is to say

(a)the rebuilding, as often as occasion may require, of any building which was
in existence at the date of the passing of this Act, or of any building which
was in existence before that date but was destroyed or demolished within the
period of five years ending with that date;

(b)the rebuilding, as often as occasion may require, of any building erected
after the passing of this Act which was in existence at a material date;

(c)the rebuilding as often as occasion may require of any building destroyed
or demolished by war damage, not being a building existing at the date of the
passing of this Act;

(d)the making good of war damage sustained by any building;

(i)(where the original building is a dwelling house)by more than ten per cent.
or seventeen hundred and fifty cubic feet, whichever is the greater;

(ii)(where the original building is not a dwelling house)by more than ten per
cent.

(2) Any reference in sub-paragraph (1) to the original building is a reference
to the building which existed at a time before any rebuilding mentioned in
that paragraph was first executed and not to the building resulting from the
execution of any such rebuilding.

2. The use as two or more separate dwelling houses of any building which
at a material date was used as a single dwelling house.

3.(1) Subject to sub-paragraph (2), the enlargement, improvement or other
alteration, as often as occasion may require, of any such building as is
mentioned in paragraph 1(1)(a), (b) or (c), or any building substituted for
such a building by the carrying out of any such operations as are mentioned in
that paragraph so long as the cubic content of the original building is not
exceeded or increased by more than the amount specified in paragraph 1(1)(i)
or (ii), as the case may require.

(2) Sub-paragraph (1) shall not extend to works involving an increase in the
cubic content of a building erected after the passing of this Act (including a
building resulting from the carrying out of such works as are described in
paragraph 1).

Para.4 rep. by 1972 NI 17 art.110(2) sch.7

5. The getting, on land held or occupied with land used for the purposes of
agriculture, of any minerals reasonably required for the purposes of that use,
including the fertilisation of the land so used and the maintenance,
improvement or alteration of buildings or works thereon which are occupied or
used for those purposes.

6. In the case of a building or other land which, at a material date, was used
for a purpose falling within any general class specified in any paragraph of
Part II of Schedule 2, or which, being unoccupied on the date of the passing
of this Act, was last used (otherwise than before the day beginning the period
of five years ending with that date) for any such purposes, the use of that
building or land for any other purpose falling within the same paragraph.

7. In the case of any building or other land which, at a material date, was in
the occupation of a person by whom it was used as to part only for a
particular purpose, the use for that purpose of any additional part of the
building or land not exceeding one-tenth of the cubic content of the part of
the building used for that purpose on the date of the passing of this Act, or
on the day thereafter when the building began to be so used, or, as the case
may be, one-tenth of the area of the land so used on that day.

8. The deposit of waste materials or refuse in connection with the working of
minerals, on any land comprised in a site which at a material date was being
used for that purpose, so far as may be reasonably required in connection with
the working of those minerals.

9. For the purposes of this Schedule cubic content shall be ascertained by
external measurement.

10. Where, after the passing of this Act

(a)any building or works have been erected or constructed, or any use of land
has been instituted; and

(b)a condition has been imposed under the Act of 1944 [or the Order of 1972],
limiting the period for which the building or works may be retained, or the
use continued;

11. For the purposes of paragraph 3

(a)the erection, on land within the curtilage of any such building as is
mentioned in that paragraph, of an additional building to be used in
connection with the original building shall be treated as the enlargement of
the original building; and

(b)where any two or more buildings comprised in the same curtilage are used as
one unit for the purposes of any institution or undertaking, the reference in
that paragraph to the cubic content of the original building shall be
construed as a reference to the aggregate cubic content of those buildings.

12.(1) In this Schedule "at a material date" means at either of the following
dates

(a)the date of the passing of this Act; and

(b)(subject to sub-paragraphs (2) and (3)) the date by reference to which this
Schedule falls to be applied to the particular case in question.

(2) Sub-paragraph (1)(b) shall not apply in relation to any use of land in
respect of which before the date mentioned in that sub-paragraph, the planning
authority have made an order under section 4(1)(b) of the Act of 1944
prohibiting that use [or an enforcement notice under Article 42 of
the Order of 1972 served before that date has become or becomes effective].

(3) Sub-paragraph (1)(b) shall not apply in relation to any buildings or works
in respect of which, whether before or after the date mentioned in that
sub-paragraph, the planning authority [or the Ministry] have become, or
become, entitled, under a notice served under the Schedule to the Act of 1944
[or under the Order of 1972] before that date, to take any action under
section 4(1)(a) of that Act in accordance with that section and that Schedule
[or that Order].

1.(1) In this Schedule

"article" means an article of any description, including a ship or vessel;

"betting office" means any premises in respect of which there is in force a
bookmaking office licence under the Betting and Lotteries Act (Northern
Ireland) 1957;

"funfair" includes an amusement arcade or pin-table saloon;

"general industrial building" means an industrial building other than a
light industrial building or a special industrial building;

"hotel" has the same meaning as in the Hotel Proprietors Act (Northern
Ireland) 1958;

"industrial building" means a building (other than a building in or adjacent
to and belonging to a quarry or mine and other than a shop) used for the
carrying on of any process for or incidental to any of the following purposes,
that is to say:

(a)the making of any article or part of any article; or

(b)the altering, repairing, ornamenting, finishing, cleaning, washing,
packing, canning, adapting for sale, breaking up or demolition of any article;
or

(c)without prejudice to paragraphs (a) and (b), the getting, dressing or
treatment of minerals;

"light industrial building" means an industrial building (not being a
special industrial building) in which the machinery installed or the processes
carried on are such as could be installed or carried on in any residential
area without detriment to the amenity of that area by reason of noise,
vibration, smell, fumes, smoke, soot, ash, dust or grit;

"motor vehicle" has the same meaning as in the Road Traffic [(Northern
Ireland) Order 1981];

"office" includes a bank, but does not include a betting office or post
office;

"shop" means a building used for the carrying on of any retail trade or retail
business wherein the primary purpose is the selling of goods by retail, and
includes a building used for the purposes of a hairdresser or undertaker or
for the reception of goods to be washed, cleaned, or repaired, or for any
other purpose appropriate to a shopping area, but does not include a building
used as a funfair, garage, petrol filling station, office, betting office, or
hotel or premises (other than a restaurant) licensed for the sale of
intoxicating liquor for sale on the premises;

"special industrial building" means an industrial building used for one or
more of the purposes specified in paragraphs 5 to 9 of Part II.

(2) In this Schedule any reference to a building includes a reference to land
occupied therewith which is used for the same purposes.

2.(1) Where a group of contiguous or adjacent buildings used as parts of a
single undertaking includes industrial buildings used for purposes falling
within two or more of the classes specified in paragraphs 3 to 9 of Part II,
the particular classes in question may, in relation to that group of
buildings, be treated as a single class for the purposes of this Schedule if
the area occupied in the group by general or special industrial buildings is
not substantially increased by reason of being so treated.

(2) A use which is ordinarily incidental to and included in any use specified
in Part II is not excluded from that use as an incident thereto merely because
it is also specified in that Part as a separate use.

1. Use as a shop for any purpose except as

(a)a fish and chip shop;

(b)a shop for the sale of pet animals or birds;

(c)a shop for the sale of pets' meat otherwise than in sealed containers; or

(d)a shop for the sale of motor vehicles.

2. Use as an office for any purpose.

3. Use as a light industrial building for any purpose.

4. Use as a general industrial building for any purpose.

5.(1) Use for any work which is registrable under the Alkali, &c. Works
Regulation Act 1906, except a process ancillary to the getting, dressing or
treatment of minerals, carried on in or adjacent to a quarry or mine.

(2) Use for any of the following processes, except as mentioned in
sub-paragraph (1), so far as not registrable under the Act referred to in that
sub-paragraph:

(a)converting, re-heating, annealing, hardening, melting, carburising, forging
or casting of iron or other metals or alloys;

(b)recovering of metal from scrap or drosses or ashes;

(c)galvanising;

(d)pickling or treatment of metal in acid; or

(e)chromium plating.

6. Use for any of the following processes so far as not included in
paragraph 5 and except a process ancillary to the getting, dressing or
treatment of minerals, carried on in or adjacent to a quarry or mine:

(a)burning of building bricks;

(b)lime or dolomite burning;

(c)production of calcium carbide;

(d)foaming, crushing or screening of stone or slag.

7. Use, so far as not included in paragraph 5, for the production or
employment of cyanogen or its compounds.

8. Use for any of the following purposes, so far as not included in
paragraph 5:

9. Use for carrying on any of following industries, businesses or trades so
far as not included in paragraph 5:

10. Use as a wholesale warehouse or repository for any purpose.

11. Use as a boarding or guest house, a residential club, or a hotel providing
sleeping accommodation.

12. Use as a residential or boarding school or a residential college.

13. Use as a building for public worship or religious instruction or for the
social or recreational activities of the religious body using the building.

14. Use as a home or institution providing for the boarding, care and
maintenance of children, old people or persons under disability, a
convalescent home, a nursing home, a sanatorium or a hospital.

15. Use (other than residentially) as a health centre, a school treatment
centre, a clinic, a creche, a day nursery or a dispensary, or use as a
consulting room or surgery unattached to the residence of the consultant or
practitioner.

16. Use as an art gallery (other than for business purposes), a museum, a
public library or reading room, a public hall, a concert hall, an exhibition
hall, a social centre, a community centre or a non-residential club.

17. Use as a theatre, a cinema, a music hall, a dance hall, a skating rink, a
swimming bath, a Turkish or other vapour or foam bath or a gymnasium, or for
indoor games.

1. Where for the purposes of section 10 the value of any development has to be
ascertained, that value shall, subject to paragraphs 2 and 3, be calculated by
reference to prices current at the time the development was initiated and

(a)as if any new development to which section 10 applies had not been carried
out and the land had remained in the same state as it was in immediately
before that development was initiated; and

(b)on the assumption that (apart from the Planning Acts (Northern Ireland)
1931 and 1944) the development could at that time be carried out lawfully;

(i)the value which in those circumstances the land would have had if planning
permission for that development had been granted unconditionally; and

(ii)the value which in those circumstances the land would have had if planning
permission for that development had been applied for and refused, and it could
be assumed that planning permission for that development, and any other
new development of that land, would be refused on any subsequent application.

2. If the development involved the clearing of any land, the reference in
paragraph 1(a) to the state of the land shall be construed as a reference to
the land in the same state as it was immediately after the clearing thereof
but before the carrying out of any other operations.

3. If the development was initiated in pursuance of planning permission
granted subject to conditions, paragraph 1 shall apply as if the reference to
the granting of permission unconditionally were a reference to the granting of
permission subject to the like conditions.

Schedule 4 spent. Schedule 5 Part I rep. by SLR 1973; Part IIRepeals
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Northern Irish Legislation

LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 46
