Town and Regional Planning (Amendment) Act, 1939

Compensation in respect of certain directions.

14.—(1) In this section—

the expression “interim direction” means a direction to do or refrain from doing any act given (whether before or after the passing of this Act) by a planning authority directly or by implication by refusing a special permission, by granting a special permission subject to conditions, or by making a special prohibition;

the expression “interim period” means the period between the passing, by the planning authority who gave the interim direction in relation to which such expression is used, of the resolution for the making of the relevant planning scheme and the coming into operation of such planning scheme.

(2) Any person to whom an interim direction has been given may apply to the Minister within the prescribed time for an order declaring that compensation shall be payable in respect of such interim direction, and the Minister on such application may make the order so applied for if he is satisfied that compensation would be payable under the Principal Act in respect of such interim direction were it contained in a planning scheme and that undue hardship would result to such person from compliance with such interim direction during the interim period.

(3) Subject to the provisions of the next following sub-section of this section, an order under this section shall come into force on the expiration of six months from the making thereof.

(4) An order under this section shall not come into force and shall be void and of no effect if during six months from the making thereof the interim direction in respect of which such order was made either has not been complied with or has been revoked.

(5) Where an order under this section has come into force, the provisions of the interim direction in respect of which such order was made shall have effect and be enforceable during the interim period as if they were contained in the relevant planning scheme, as if such scheme were in operation, and as if, for the purposes of such provisions, the responsible authority were the planning authority who gave such interim direction and the relevant date were the date when such interim direction was given.

(6) Where an order under this section in respect of an interim direction is in force and the value of any property in respect of which such interim direction was given is reduced by the enforcement of such interim direction, any person having an estate or interest in or right over or in respect of such property shall, on making application therefor within (but not after) two months from the coming into force of such order, be entitled, subject to the provisions of the sections of the Principal Act applied by the next following sub-section of this section, to be paid by the planning authority who gave such interim direction by way of compensation the amount (if any) by which his estate or interest in or right over or in respect of such property is so reduced in value and, in the case of the occupier of such property, the damage (if any) to his trade, business, or profession occasioned by such enforcement.

(7) The provisions of sections 67 , 71 , 75 and 76 of the Principal Act shall apply in relation to compensation under this section from a planning authority for injury caused by the enforcement, of an interim direction and in relation to the assessment and recovery of such compensation in like manner as they would apply in relation to compensation under section 61 of the Principal Act from the responsible authority in respect of the coming into operation on the date when such interim direction was given of a provision in a planning scheme to the same effect as such interim direction and in relation to the assessment and recovery of such compensation.

(8) Where—

(a) an interim direction has been given, and

(b) an order under this section has come into force in respect of such interim direction during the interim period, and

(c) the relevant planning scheme has come into operation, no compensation shall be payable under Part VIII of the Principal Act in respect of the reduction in value of any estate, interest or right or the damage suffered by any person by reason of the coming into operation of so much of any provision in such planning scheme as is identical or substantially identical with or to the same effect as such interim direction.

(9) Section 64 of the Principal Act shall not have effect in relation to an interim direction in respect of which an order under this section has come into force.