Local Government (Planning and Development) Act, 1990
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Compensation where permission is revoked or modified. |
17.—(1) Where permission to develop land has been revoked or modified by a notice under section 30 of the Principal Act— | |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 this Act shall apply in relation to the notice where it revoked the permission or modified 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 modified 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 a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in section 12 (4), the reference to section 29 of the Principal Act shall be construed as a reference to that section as applied by section 30 of that Act. | ||
(2) 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. |