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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 5

Applications for ascertainment of development value.

5.(1) Subject to the provisions of this Part, any of the following persons,
namely:

(a)any person in whom an estate in any land is vested in possession at
the specified date, by virtue of which he

(i)is in the actual possession of the land at that date; and

(ii)is entitled to remain in the actual possession of the land for a period of
not less than five years beginning with that date;

(b)any person in whom an estate in any land is vested in interest or
possession at the specified date by virtue of which he will be entitled to
enter into the actual possession of the land within the period of forty years
beginning with the specified date;

(c)the personal representatives of any deceased person if, at
the specified date, an estate in land to which the deceased person was
entitled is vested in them and, but for his death, the deceased person would
have been entitled to remain in, or to enter into, the actual possession of
the land as mentioned in paragraph (a)(ii) or (b), as the case may be;

(d)any trustees (other than the personal representatives, as such, of a
deceased person) in whom an estate in any land is vested in interest or
possession at the specified date, if any beneficiary under the trust is
entitled to remain in, or will be entitled to enter into, the actual
possession of the land as mentioned in paragraph (a)(ii) or (b), as the case
may be;

(e)the trustees of a settlement, if at the specified date an estate in any
land is under the settlement vested in the beneficiaries in interest or
possession and one or more of the beneficiaries are entitled to remain in, or
will be entitled to enter into, the actual possession of the land as mentioned
in paragraph (a)(ii) or (b), as the case may be;

(f)any person who is entitled to any compensation under Part II in relation to
a planning decision given before the specified date;

(2) Where

(a)it is necessary to determine whether any person is, by virtue of any estate
in land, entitled to remain in the actual possession of the land for a period
of not less than five years beginning with the specified date or whether he
will, by virtue of any estate in land, be entitled to enter into the actual
possession of the land within the period of forty years beginning with that
date; and

(b)an event may occur within the said period of five years or forty years by
reason of which he would cease to be entitled to the actual possession of the
land or would become entitled to the actual possession of the land;

(3) Where it is necessary to determine any such question as is referred to in
paragraph (a) of subsection (2) in relation to any land in which a tenancy
subsists, that question shall, notwithstanding the provisions of that
subsection, be determined on the basis that the tenant will at all times pay
the rent and perform his other obligations under the tenancy.

(4) Where

(a)an estate in land is the subject of a trust or settlement; and

(b)the trustees of the trust or settlement make a Part I application in
relation to that land;

(5) Where a person

(a)makes a Part I application in relation to any land (in this section and in
section 6 referred to as "the designated land"); and

(b)gives notice of the application in the prescribed form to any person who is
entitled to make a Part I application in relation to the designated land or
any part thereof;

(6) Where two or more Part I applications are made in respect of contiguous or
adjacent areas of land which are held under the same instrument, the Ministry
may direct that those applications shall be dealt with together and treated as
if they were one application in relation to all the land included in the
applications.

(7) Where a person entitled to make a Part I application in relation to any
land makes such an application in respect of part only of that land, then,
notwithstanding anything in this Part or in any regulations made under
section 7, he shall not make a Part I application in respect of any other land
contiguous or adjacent to that part after the date on which any development
value is determined in relation to that part.

(8) For the purposes of this section an administrator of the estate of a
person who died before the specified date shall be deemed to be entitled to
any estate in land to which the deceased person was entitled as if there had
been no interval of time between the date of the death of the deceased person
and the grant of letters of administration.

(9) Where any person makes a Part I application, then any person to whom he
conveys an estate in the land may, with the consent in writing of the
first-mentioned person, act in relation to that application in his place.

(10) Where any dispute arises under this section it shall be referred to
the Lands Tribunal for determination.

(11) In this section "convey" includes lease, and transfer by an assent, and
"the specified date" means the day on which a period of three months beginning
with the passing of this Act expires.

© 1965 Crown Copyright

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