Local Government (Planning and Development) Act, 1963

Compensation excluded in respect of certain matters.

56.—(1) Compensation under section 55 of this Act shall not be payable—

(a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any structures or other land,

(b) in respect of the refusal of permission to develop land if the reason or one of the reasons for the refusal is that development of the kind proposed would be premature—

(i) by reference to any existing deficiency in the provision of water supplies or sewerage facilities and the period within which any such deficiency may reasonably be expected to be made good, or

(ii) because a road layout for the area or part thereof has not been indicated in the development plan or has not been approved of by the planning authority or by the Minister on appeal,

(c) in respect of the imposition, on the granting of permission to develop land, of any condition relating to any of the following matters:

(i) the matters set out in paragraphs 1, 2, 3, 4 and 6 of Part II of the Third Schedule to this Act,

(ii) the matters set out in paragraph 5 of the said Part II so far as that paragraph relates to unauthorised structures,

(iii) the matters set out in paragraphs 1 and 3 of Part III of that Schedule,

(iv) the matters set out in paragraph 2, paragraph 6, paragraph 7, subparagraph (b) of paragraph 8 and paragraphs 9, 10, 11 and 13 of Part IV of that Schedule,

(v) matters in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation,

(d) in respect of the imposition, on the granting of permission to develop land, of any condition under paragraph (j) of subsection (2) of section 26 of this Act for requiring the removal of an advertisement structure or any condition under that paragraph in a case in which the relevant application for permission relates to a temporary structure,

(e) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise,

(f) in respect of the refusal of permission for the erection of any advertisement structure or for the use of land for the exhibition of any advertisement,

(g) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is the necessity of preserving any view or prospect of special amenity value or special interest,

(h) in respect of the refusal of permission for development in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty (other than any development for which the special amenity area order provides for its being permitted under this Act),

(i) in respect of the refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would seriously injure the amenities, or depreciate the value, of property in the vicinity,

(iv) would tend to create any serious traffic congestion,

(v) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(vi) would be prejudicial to public health,

(j) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the development would contravene materially a condition attached to an existing permission for development.

(2) Nothing contained in subsection (1) of this section shall prevent compensation being paid—

(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in the foregoing paragraph or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

(3) Every dispute and question whether a new structure would or does replace substantially within the meaning of the foregoing subsection a demolished or destroyed structure shall be determined by the Minister.