Local Government (Planning and Development) Act, 1990
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Notice preventing compensation. |
13.—(1) Where a claim for compensation is made under section 11 , the planning authority concerned may, not later than three months after the claim is received and having regard to all the circumstances of the case, serve a notice in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop land or the grant of such permission subject to conditions, the land in question is in their opinion capable of other development for which permission under Part IV of the Principal Act ought to be granted. | |
(2) For the purpose of subsection (1), other development means development of a residential, commercial or industrial character, consisting 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. | ||
(3) A notice under subsection (1) shall continue in force for a period of five years commencing on the day of service of the notice unless before the expiration of that period— | ||
(a) the notice is withdrawn by the planning authority, or | ||
(b) a permission is granted under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule , or | ||
(c) the notice is annulled by virtue of subsection (5). | ||
(4) Compensation shall not be payable on a claim made under section 11 where— | ||
(a) a notice under subsection (1) is in force in relation to that claim, or | ||
(b) a notice under subsection (1) was in force in relation to that claim but has ceased to be in force by reason of the expiration of the period mentioned in subsection (3) and an application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice has not been made within the said period, or | ||
(c) a notice under subsection (1) was in force in relation to the claim but has ceased to be in force by virtue of paragraph (b) of subsection (3). | ||
(5) A notice under subsection (1) shall be annulled where, upon an application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, such permission is refused or is granted subject to conditions other than conditions of a class or description set out in the Fourth Schedule . | ||
(6) No claim for compensation under section 11 shall lie in relation to a decision under Part IV of the Principal Act referred to in subsection (5). | ||
(7) Section 29 (1) (b) of the Principal Act is hereby amended by the deletion after the word “Act”, of the words “or for which the planning authority have undertaken to grant such permission,”. |