Town and Regional Planning Act, 1934

Compensation for unnecessary refusal of permission or making of prohibition.

64.—(1) Any person who, after the relevant date and before the coming into operation of a planning scheme, has refrained from doing any particular work for which a special permission in relation to such planning scheme was applied for and was refused or has refrained in pursuance of a special prohibition made in relation to such planning scheme from doing any particular work and has suffered loss by so refraining shall, on making an application under this section, be entitled to be paid by the responsible authority by way of compensation the amount of such loss, unless in the opinion of the arbitrator the doing of such particular work would have prejudiced the efficient and economical execution of such planning scheme.

(2) Any person who, in the doing of any particular work after the relevant date and before the coming into operation of a planning scheme, has complied with a condition attached to a special permission or contained in a special prohibition granted or made in relation to such planning scheme and has by such compliance suffered loss (other than loss arising from the reduction in value of any property), shall be entitled, on the coming into operation of such planning scheme, to be paid by the responsible authority by way of compensation the amount of such loss, unless in the opinion of the arbitrator the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of such planning scheme.

(3) Every application for payment of compensation under this section shall be made within 12 months after the coming into operation of the planning scheme upon the coming into operation of which the applicant becomes entitled to be paid such compensation.