PART VI.

Compensation.

55. —(1) If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of this Act involving a refusal of permission to develop land or a grant of such permission subject to conditions (other than any such condition as is referred to in paragraph (e), paragraph (g) or paragraph (h) of subsection (2) of section 26 of this Act) the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value and, in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried on on the land.

(2) In determining reduction of value for the purposes of this section, regard shall be had—

(a) to any permission under this Act to develop the land existing at the time of the decision,

(b) to any undertaking that may be given to grant permission to develop the land in the event of application being made under this Act in that behalf, and

(c) to the fact that exempted development may be carried out on the land,

and, in a case in which there has been a refusal of permission, the calculation shall be made on the basis that, if the permission had been granted, any conditions which might reasonably have been imposed in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act (but no other conditions) would have been imposed.

(3) In determining reduction of value for the purposes of this section in a case in which there has been a decision involving a refusal of permission, it shall be assumed that, after the decision, and apart from any such undertaking as is mentioned in subsection (2) of this section, permission under this Act would not be granted for any development.

(4) Where, under section 29 of this Act, it is the duty of a planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(5) In this section a reference to the time of a decision shall, where the decision in question is a decision of the Minister on appeal, be taken to be a reference to the time of the decision appealed against.

(6) A claim under this section shall be made within (but not after)—

(a) six months after the notification of the decision by the planning authority or the Minister (as the case may be), or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

56. —(1) Compensation under section 55 of this Act shall not be payable—

(a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any structures or other land,

(b) in respect of the refusal of permission to develop land if the reason or one of the reasons for the refusal is that development of the kind proposed would be premature—

(i) by reference to any existing deficiency in the provision of water supplies or sewerage facilities and the period within which any such deficiency may reasonably be expected to be made good, or

(ii) because a road layout for the area or part thereof has not been indicated in the development plan or has not been approved of by the planning authority or by the Minister on appeal,

(c) in respect of the imposition, on the granting of permission to develop land, of any condition relating to any of the following matters:

(i) the matters set out in paragraphs 1, 2, 3, 4 and 6 of Part II of the Third Schedule to this Act,

(ii) the matters set out in paragraph 5 of the said Part II so far as that paragraph relates to unauthorised structures,

(iii) the matters set out in paragraphs 1 and 3 of Part III of that Schedule,

(iv) the matters set out in paragraph 2, paragraph 6, paragraph 7, subparagraph (b) of paragraph 8 and paragraphs 9, 10, 11 and 13 of Part IV of that Schedule,

(v) matters in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation,

(d) in respect of the imposition, on the granting of permission to develop land, of any condition under paragraph (j) of subsection (2) of section 26 of this Act for requiring the removal of an advertisement structure or any condition under that paragraph in a case in which the relevant application for permission relates to a temporary structure,

(e) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise,

(f) in respect of the refusal of permission for the erection of any advertisement structure or for the use of land for the exhibition of any advertisement,

(g) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is the necessity of preserving any view or prospect of special amenity value or special interest,

(h) in respect of the refusal of permission for development in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty (other than any development for which the special amenity area order provides for its being permitted under this Act),

(i) in respect of the refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would seriously injure the amenities, or depreciate the value, of property in the vicinity,

(iv) would tend to create any serious traffic congestion,

(v) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(vi) would be prejudicial to public health,

(j) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the development would contravene materially a condition attached to an existing permission for development.

(2) Nothing contained in subsection (1) of this section shall prevent compensation being paid—

(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in the foregoing paragraph or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

(3) Every dispute and question whether a new structure would or does replace substantially within the meaning of the foregoing subsection a demolished or destroyed structure shall be determined by the Minister.

57. —(1) Compensation under section 55 of this Act shall not be payable in respect of a decision whereby permission to develop land is refused if, notwithstanding that refusal, there is available with respect to that land permission for development to which this section applies or if compensation has already been paid under section 55 of this Act by reference to a previous decision under Part IV of this Act involving a refusal of permission.

(2) Where permission for development to which this section applies is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.

(3) Where a claim for compensation under this Part of this Act is made in respect of an interest in land, permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if there is in force with respect to that land or part a grant of, or an undertaking to grant, permission under this Act for some such development, subject to no conditions other than conditions in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act.

(4) This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.

58. —(1) Where, in a case determined on an appeal under Part IV of this Act, permission to develop any land has, save in a case referred to in subsection (2) of this section, been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 3 and 4 of Part II of the Third Schedule to this Act, nothing contained in subsection (1) of section 56 or section 57 of this Act shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision by the Minister, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 or section 57 of this Act.

(2) Subsection (1) of this section does not apply—

(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

(b) where there has been a refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(iv) would be prejudicial to public health.

59. —(1) Where permission to develop land has been revoked or modified by a notice under section 30 of this Act—

(a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure,

(b) the provisions of subsections (1) to (4) of section 55 and sections 56 and 57 of this Act shall apply in relation to the notice where it revoked the permission or modifies it by the imposition of conditions—

(i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

(ii) in case it modifies the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions,

subject to the modifications that, in subsections (1) and (2) of the said section 55, a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in subsection (4) thereof, the reference to section 29 of this Act shall be construed as a reference to that section as applied by section 30 of this Act.

(2) A claim under this section or section 55 of this Act as applied by this section shall be made within (but not after)—

(a) six months after the time when the notice takes effect, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(3) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

60. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of this Act, any person has suffered damage by the depreciation of any interest in the structure to which he is entitled, or by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the removal or alteration of the structure, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(3) Where, under section 29 of this Act as applied by subsection (9) of section 36 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(4) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

61. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of this Act, any person has suffered damage by the depreciation of any interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) Subsection (1) of this section shall not apply where the use of land is use for the exhibition of an advertisement unless—

(a) the advertisement was existing immediately before the appointed day and the discontinuance, or compliance with conditions on continuance, of use is effected during the period of five years beginning on the appointed day, or

(b) at the time of such discontinuance or compliance, the advertisement has been in position for less than five years.

(3) A claim under this section shall be made within (but not after)—

(a) six months after the discontinuance or compliance, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(4) Where, under section 29 of this Act as applied by subsection (8) of section 37 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(5) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

62. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of this Act, any person has suffered damage by the depreciation of any interest in the land on which the hedge is situate to which he is entitled, or by being disturbed in his enjoyment of such land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the removal or alteration of the hedge, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

63. —(1) If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of this Act made by that authority, is depreciated, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, that authority shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the time when the order creating the public right of way commences to have effect, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

64. —(1) If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of this Act, any person has suffered damage, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the damage is suffered, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

65. —(1) If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of this Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, any person has suffered damage by the depreciation of any interest in the land or structure concerned to which he is entitled, or by being disturbed in his enjoyment of such land or structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the action of the planning authority, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

66. —(1) In this section—

“interim direction” means a direction to do or refrain from doing any act which was given under the Act of 1934 directly or by implication by refusing a general permission or special permission, by granting a general or special permission subject to conditions, or by making a special prohibition whether subject to conditions or not so subject, not being a direction in respect of which an order was made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 ;

“general permission”, “special permission”, “special prohibition”, “planning scheme” and “work” have the same meanings respectively as these expressions had in the Act of 1934.

(2) (a) Where an interim direction was given in respect of any property—

(i) any person who, on the day before the appointed day, had any estate or interest in or right over or in respect of such property, shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid compensation by that authority unless they decide that compensation would not have been payable to him by virtue of the Act of 1934 on the assumption of the relevant planning scheme having come into operation on the day before the appointed day and having contained a provision to the same effect as the interim direction and on the assumption of an application for compensation having been duly made under section 61 of the Act of 1934,

(ii) the amount of the compensation shall be the like amount as, on the said assumptions, would have been appropriate to be paid in accordance with the Act of 1934.

(b) Where a decision is given under the foregoing paragraph, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

(c) In deciding an appeal under this subsection, the Minister shall, in particular, have regard to subsection (2) of section 30 of the Act of 1934 and, for that purpose, may make any determination referred to in subsection (3) of that section in accordance with that subsection.

(3) (a) Where—

(i) any person has refrained from doing any particular work on account of an interim direction arising from the refusing of a special permission or the making of a special prohibition, and

(ii) he has suffered loss by so refraining,

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

(b) Where—

(i) any person has, in the doing of any particular work complied with a condition attached to a special permission or contained in a special prohibition, and

(ii) he has by such compliance suffered loss (other than loss arising from the reduction in value of any property),

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

(c) Where a decision is given under either of the foregoing paragraphs, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

(4) The amendment of the Act of 1919 effected by this Act shall be disregarded in the case of any determination of compensation under this section.

67. —Regulations may provide for—

(a) the form in which claims for compensation are to be made,

(b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates,

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land,

(d) the information and documents to be submitted with an application for an order under section 58 of this Act,

(e) the information and documents to be submitted by a planning authority in relation to an application for an order under section 58 of this Act.

68. —A claim under this Act for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

69. —(1) Section 2 of the Act of 1919 is hereby amended, in cases where any compensation assessed will be payable by a planning authority or any other local authority, by the insertion after Rule 6 of the Rules set out in the Fourth Schedule to this Act.

(2) Subparagraph (b) of paragraph 1 of Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , is hereby amended by the insertion at the end of the subparagraph of “and by the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963”.

70. —Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.

71. —(1) All compensation payable under this Part of this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the planning authority, be likewise recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(2) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a simple contract debt as if such moneys were a price or compensation under the said Act as so amended or adapted.

(3) Where money is paid into Court under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, by the planning authority, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

72. —(1) Where, on a claim for compensation under section 55 of this Act, under that section as applied by section 59 of this Act or under subsection (2) of section 66 of this Act, compensation has become payable of an amount exceeding twenty pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, the revocation or modification of permission or the interim direction (as the case may be), the land to which the claim for compensation relates, and the amount of the compensation.

(2) (a) A planning authority shall enter in the register particulars of the statements prepared by them under this section.

(b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.

73. —(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) has stood registered under the last preceding section for less than fourteen years, until such amount (if any) as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.

(2) This section applies to any development (other than exempted development), being development—

(a) to which section 57 of this Act applies, or

(b) to which, having regard to the probable value of the development, it is in the opinion of the Minister reasonable that this section should apply:

Provided that—

(i) this section shall not apply to any development by virtue of paragraph (b) of this subsection if, on an application made to him for the purpose, the Minister has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section shall apply thereto, and

(ii) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(3) Subject to the two next following subsections, the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the land on which the development is to be carried out (in this subsection referred to as the development area) is identical with, or includes (with other land) the whole of, the land comprised in the compensation statement, shall be the amount of compensation specified in that statement;

(b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

(4) For the purposes of paragraph (b) of subsection (3) of this section, the following provisions shall have effect:

(a) the planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation between the different parts of the land according to the way in which those parts appear to them to be differently affected by the refusal of permission or grant of permission subject to conditions;

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator.

(5) Where, in the case of any land in respect of which a compensation statement has been registered, the Minister is satisfied that, having regard to the probable value of any proper development of that land, no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under this section; and where part only of any such amount has been remitted, he shall cause the compensation statement to be amended by substituting therein for the specification of the amount of the compensation, in so far as it is attributable to that land, a specification of the amount which has been remitted under this subsection.

(6) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then, except where, and to the extent that, payment of that amount has been remitted under the last preceding subsection, no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(7) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

(a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

(8) If any person initiates any development to which this section applies in contravention of subsection (1) of this section, the planning authority may serve a notice upon him, specifying the amount appearing to them to be the amount recoverable under this section in respect of the compensation in question, and requiring him to pay that amount to them within such period, not being less than three months after the service of the notice, as may be specified in the notice, and, in default of the said amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.