Local Government (Planning and Development) Act, 1963

Compensation in relation to section 36.

60.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of this Act, any person has suffered damage by the depreciation of any interest in the structure to which he is entitled, or by being disturbed in his enjoyment of the structure, 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 damage.

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

(a) six months after the removal or alteration of the structure, 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.

(3) Where, under section 29 of this Act as applied by subsection (9) of section 36 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(4) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.