Local Government (Planning and Development) Act, 1963

Compensation in relation to section 37.

61.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of this Act, any person has suffered damage by the depreciation of any interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, 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) Subsection (1) of this section shall not apply where the use of land is use for the exhibition of an advertisement unless—

(a) the advertisement was existing immediately before the appointed day and the discontinuance, or compliance with conditions on continuance, of use is effected during the period of five years beginning on the appointed day, or

(b) at the time of such discontinuance or compliance, the advertisement has been in position for less than five years.

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

(a) six months after the discontinuance or compliance, 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.

(4) Where, under section 29 of this Act as applied by subsection (8) of section 37 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.

(5) 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.