The Land Compensation (Northern Ireland) Order 1982

General provisions N.I.

Rules for assessing compensation N.I.

6.—(1) Compensation in respect of any compulsory acquisition of land shall, subject to the provisions of this Order and any other enactment, be assessed in accordance with the following rules:—

(1) No allowance shall be made on account of the acquisition being compulsory:

(2) The value of land shall, subject to rules 3 to 6, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise:

(3) The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any authority possessing compulsory acquisition powers:

(4) Where the value of the land is increased by reason of the use of it or of any premises on it in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to the public health, the amount of that increase shall not be taken into account:

(5) Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, where reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement:

(6) The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land.

(2) In assessing compensation to be paid in respect of the compulsory acquisition of any land no account shall be taken—

(a) of any depreciation in the value of the land which is attributable to the fact that (whether by way of designation, allocation or other particulars contained in any scheme or plan or by any other means) an indication has been given that the land is, or is likely to be, acquired by an authority possessing compulsory acquisition powers;

(b) of any increase or diminution in the value of the land which is attributable to the carrying out, or the prospect of the carrying out, of so much of any development on the land or on other land which has been, or is being or is proposed to be acquired (whether compulsorily or other wise) for the purposes of the same scheme or project of development for which the land is being or has been acquired, as would not have been likely to have been, or to be, carried out if the acquiring authority had not acquired or did not propose to acquire that land or that other land;

(c) in a case where the land forms part of an area designated as the site of a new town by an order under the New Towns Act (Northern Ireland) 1965F1 , of any increase or diminution in the value of the land which is attributable to the carrying out, of so much of any development on the land or on other land in that area in the course of the development of that area as a new town, as would not have been likely to have been, or to be, carried out if the area had not been so designated;

(d) [F2 in a case where, on the date on which the vesting order is made, the land is subject to a tenancy, of any increase or diminution in the value of the land which is attributable to, or to the prospect of, the tenant giving up possession in consequence of being provided with other accommodation under Article 40(1)(a) of the 1973 Order (duty to rehouse residential occupiers where land acquired by authority possessing compulsory acquisition powers);]

(e) of the fact that the Housing Executive has provided, or undertakes to provide or arrange for the provision of residential accommodation under any statutory provision for the person entitled to the compensation.

[F2 (3) In this Article—

(a) “development” in paragraph (2)(b) and (c) includes any building operations or rebuilding operations and any use of the land or any building upon the land for a purpose which is different from the purpose for which the land or building was last being used;

(b) the reference in paragraph (2)(d) to land being subject to a tenancy on the date on which the vesting order is made includes a reference to land which would have been subject to a tenancy on that date if the tenant had not given up occupation of a dwelling as mentioned in Article 30(3) of the 1973 Order (deemed displacement in consequence of compulsory acquisition of interest in dwelling where, in certain circumstances, person displaced gives up occupation by arrangement); and

(c) “ the 1973 Order” in paragraph (2)(d) and this paragraph means the Land Acquisition and Compensation (Northern Ireland) Order 1973.]

F1 1965 c. 13 (NI)

F2 1997 NI 8

Modifications etc. (not altering text)

C1 Art. 6 applied (with modifications) (1.2.2007) by Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/482), regs. 1(1), 22(4), Sch. 2 para. 5(1)

C2 Art. 6 applied (with modifications) (19.5.2008) by Waste Management Licences (Consultation and Compensation) Regulations (Northern Ireland) 2008 (S.R. 2008/160), reg. 7(2)

C3 Art. 6 applied (with modifications) (24.7.2009) by Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 (S.R. 2009/252), reg. 25(2), Sch. 5 para. 6

C4 Art. 6 applied (with modifications) (6.1.2013) by The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012 (S.R. 2012/453), reg. 1, Sch. 6 para. 6 (with reg. 5, Sch. 3)

C5 Art. 6 applied (with modifications) (20.6.2013) by The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (S.R. 2013/160), reg. 1, Sch. 6 para. 6(2) (with reg. 5, Sch. 3)

C6 Art. 6(1) rules (2)-(4) applied (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 242(7) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

C7 Art. 6(1) rules (2)-(4) applied (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 242(7) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

C8 Art. 6(1) rules (2)-(4) applied (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 242(7) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Compensation on compulsory acquisition of listed buildings N.I.

7.—(1) In assessing compensation to be paid in respect of the compulsory acquisition of any land including a building which, before the date of the order vesting the land, was a listed building, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building, or for its demolition.

(2) In paragraph (1) “listed building” and “listed building consent” have the same meanings as in the Planning (Northern Ireland) Order[F3 1991].

F3 1991 NI 11

Compensation for severance or injurious affection where part of claimant's lands is acquired N.I.

8.—(1) In assessing compensation to be paid to any person in respect of the compulsory acquisition of any land, regard shall be had not only to the value of the land acquired but also to the damage, if any, sustained or which may be sustained by that person by reason of the severing of the land from other lands of that person held with that land, or otherwise injuriously affecting such other lands by the exercise of powers conferred on the acquiring authority by any transferred provision.

(2) Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation payable under paragraph (1) for injurious affecting of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.

(3) Where for the purpose of assessing the amount of any compensation to be paid under this Article the value of any land is required to be determined, that value shall, except in so far as any transferred provision (whether passed before or made or after the making of this Order) otherwise provides, be determined in accordance with rules (2) to (4) of Article 6.

(4) Paragraph (2) shall apply to compensation for injurious affection under section 63 or 121 of the Lands Clauses Consolidation Act 1845F4 as it applies to compensation under paragraph (1).

F4 1845 c. 18.

Outstanding right to planning compensation N.I.

9.  Where in consequence of a decision, determination or order under the enactments relating to planning any person is entitled to, but has not received, compensation for depreciation in the value of an estate or interest in any land (in this Article referred to as “planning compensation”), the compensation to be paid to that person in respect of any compulsory acquisition of that land subsequent to the decision, determination or order shall be assessed as if the planning compensation had been paid to him.