Town and Regional Planning Act, 1934
|
Declaration in planning scheme prohibiting compensation. |
30.—(1) Subject to the provisions of this section, a planning scheme may contain a declaration that no compensation shall be payable under this Act on account of or arising from the coming into operation of a specified provision in such planning scheme which relates to a matter mentioned in Part II (except paragraph 5 thereof) or Part III (except paragraph 1 thereof) of the Second Schedule to this Act or limits the number or prescribes the sites of new roads entering on an existing or a new road or is inserted in such planning scheme for the purpose of making effective any provision so relating, limiting or prescribing as aforesaid. | |
(2) The Minister shall not approve of a planning scheme containing any such declaration as is authorised by the foregoing sub-section of this section unless he is satisfied— | ||
(a) that, having regard to local circumstances, it is just and reasonable that the provision in respect of which such declaration is made should be enforced without compensation, and | ||
(b) that the planning scheme does not preclude the payment of compensation for loss or injury arising from— | ||
(i) being prevented by the operation of the planning scheme from maintaining a building or other structure which was in existence on the relevant date, or from continuing to use any such building or other structure for the purpose for which it was used on the relevant date, or from making reasonable alterations in and (in proper cases) reasonable additions to any such building or other structure, or | ||
(ii) where a building or other structure which was in existence at any time within two years before the relevant date has been demolished or been destroyed by fire or otherwise, being prevented by the operation of the planning scheme from erecting, within two years after such demolition or destruction on the site of such demolished or destroyed building or other structure a new building or other structure which substantially replaces such demolished or destroyed building or other structure or from using such new building or other structure for the purpose for which such demolished or destroyed building or other structure was last used. | ||
(3) Every dispute and question whether a new building or other structure substantially replaces within the meaning of this section a demolished or destroyed building or other structure shall be determined by the Minister, but the Minister shall not so determine that a new building substantially replaces a demolished or destroyed building unless he is satisfied that the cubic content of so much of such new building as is above ground level is at least equal to so much of such demolished or destroyed building as was above ground level and the superficial area of the ground floor of such new building is at least equal to the superficial area of the ground floor of such demolished or destroyed building. |