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F1PART II N.I.F2COMPENSATION FOR PLANNING DECISIONS RESTRICTING NEW DEVELOPMENT

F2rep. with saving by 2001 c. 2 (NI)

N.I.Measure of compensation

21F3Apportionment of compensation.N.I.

(1)Where on a claim for compensation which is payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision, the Ministry determines that compensation exceeding fifty pounds is payable, the Ministry may, if it appears to it to be practicable to do so, apportion the amount of compensation between different parts of the land to which the claim relates.

(2)In making an apportionment under subsection (1) the Ministry shall divide the land into parts and distribute the compensation between those parts, according to the manner in which the different parts of the land appear to the Ministry to be differently affected by the planning decision in respect of which the claim for compensation is made.

(3)On a reference to the Lands Tribunal under section 23, subsections (1) and (2) shall, unless the decision of the Tribunal will not affect the amount of the compensation or any apportionment thereof by the Ministry, have effect as if for references to the Ministry there were substituted references to the Lands Tribunal.

F3rep. with saving by 2001 c. 2 (NI)