Local Government (Planning and Development) Act, 1963



Compensation (refusal of permission or grant of permission subject to conditions).

55.—(1) If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of this Act involving a refusal of permission to develop land or a grant of such permission subject to conditions (other than any such condition as is referred to in paragraph (e), paragraph (g) or paragraph (h) of subsection (2) of section 26 of this Act) the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value and, in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried on on the land.

(2) In determining reduction of value for the purposes of this section, regard shall be had—

(a) to any permission under this Act to develop the land existing at the time of the decision,

(b) to any undertaking that may be given to grant permission to develop the land in the event of application being made under this Act in that behalf, and

(c) to the fact that exempted development may be carried out on the land,

and, in a case in which there has been a refusal of permission, the calculation shall be made on the basis that, if the permission had been granted, any conditions which might reasonably have been imposed in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act (but no other conditions) would have been imposed.

(3) In determining reduction of value for the purposes of this section in a case in which there has been a decision involving a refusal of permission, it shall be assumed that, after the decision, and apart from any such undertaking as is mentioned in subsection (2) of this section, permission under this Act would not be granted for any development.

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

(5) In this section a reference to the time of a decision shall, where the decision in question is a decision of the Minister on appeal, be taken to be a reference to the time of the decision appealed against.

(6) A claim under this section shall be made within (but not after)—

(a) six months after the notification of the decision by the planning authority or the Minister (as the case may be), or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.