Local Government (Planning and Development) Act, 1990

Restriction of compensation.

12.—(1) Compensation under section 11 shall not be payable in respect of the refusal of permission for any development—

(a) of a class or description set out in the Second Schedule , or

(b) if the reason or one of the reasons for the refusal is a reason set out in the Third Schedule .

(2) Compensation under section 11 shall not be payable in respect of the imposition, on the granting of permission to develop land, of any condition of a class or description set out in the Fourth Schedule .

(3) Compensation under section 11 shall not be payable in respect of the refusal of permission, or of the imposition of conditions on the granting of permission, for the retention on land of any structures to which section 28 of the Principal Act relates.

(4) Where, under section 29 of the Principal Act, it is the duty of a planning authority to acquire an interest in land, compensation under section 11 shall not be payable in relation to that interest.