Local Government (Planning and Development) Act, 1963
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Compensation in relation to direction under the Act of 1934. |
66.—(1) In this section— | |
“interim direction” means a direction to do or refrain from doing any act which was given under the Act of 1934 directly or by implication by refusing a general permission or special permission, by granting a general or special permission subject to conditions, or by making a special prohibition whether subject to conditions or not so subject, not being a direction in respect of which an order was made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 ; | ||
“general permission”, “special permission”, “special prohibition”, “planning scheme” and “work” have the same meanings respectively as these expressions had in the Act of 1934. | ||
(2) (a) Where an interim direction was given in respect of any property— | ||
(i) any person who, on the day before the appointed day, had any estate or interest in or right over or in respect of such property, shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid compensation by that authority unless they decide that compensation would not have been payable to him by virtue of the Act of 1934 on the assumption of the relevant planning scheme having come into operation on the day before the appointed day and having contained a provision to the same effect as the interim direction and on the assumption of an application for compensation having been duly made under section 61 of the Act of 1934, | ||
(ii) the amount of the compensation shall be the like amount as, on the said assumptions, would have been appropriate to be paid in accordance with the Act of 1934. | ||
(b) Where a decision is given under the foregoing paragraph, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision. | ||
(c) In deciding an appeal under this subsection, the Minister shall, in particular, have regard to subsection (2) of section 30 of the Act of 1934 and, for that purpose, may make any determination referred to in subsection (3) of that section in accordance with that subsection. | ||
(3) (a) Where— | ||
(i) any person has refrained from doing any particular work on account of an interim direction arising from the refusing of a special permission or the making of a special prohibition, and | ||
(ii) he has suffered loss by so refraining, | ||
such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation. | ||
(b) Where— | ||
(i) any person has, in the doing of any particular work complied with a condition attached to a special permission or contained in a special prohibition, and | ||
(ii) he has by such compliance suffered loss (other than loss arising from the reduction in value of any property), | ||
such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation. | ||
(c) Where a decision is given under either of the foregoing paragraphs, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision. | ||
(4) The amendment of the Act of 1919 effected by this Act shall be disregarded in the case of any determination of compensation under this section. |