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  4. Local Government (Planning and Development) Act, 1990

Local Government (Planning and Development) Act, 1990

Determination of compensation claim.

5.—A claim for compensation under this Act shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , but subject to—

(a) the First Schedule in respect of a reduction in the value of an interest in land,

(b) the proviso that the arbitrator shall have jurisdiction to make a nil award, and

(c) the application of the First Schedule to a claim for compensation under Part IV for a reduction in the value of an interest as if a reference to “the relevant decision under Part IV of the Principal Act” or to the “said decision” was, in relation to each of the sections in that Part mentioned in Column A of the Table to this section, a reference to the matter set out in Column B of that Table opposite the reference in Column A thereof to that section.

TABLE

Column A Section

Column B

18

the removal or alteration of a structure consequent upon a notice under section 36 of the Principal Act.

19

the discontinuance, or the compliance with conditions on the continuance, of the use of land consequent upon a notice under section 37 of the Principal Act.

20

the removal or alteration of a hedge consequent upon a notice under section 44 of the Principal Act.

21

the refusal of consent required under an order under section 45 of the Principal Act, or the grant of such a consent subject to conditions.

22

the making by the planning authority of an order under section 48 of the Principal Act creating the public right of way.

24

the action of the planning authority pursuant to section 85 of the Principal Act.