Local Government (Planning and Development) Act, 1990


Compensation in Relation to Sections 36, 37, 44, 45, 48, 83 and 85 of Principal Act

Removal or alteration of structure (1963, section 36).

18.—(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 the Principal Act, the value of an interest of any person in the structure existing at the time of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage.

(2) Where, under section 29 of the Principal Act as applied by subsection (9) of section 36 of that 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.