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Land Development Values (Compensation) Act (Northern Ireland) 1965

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11F1Reduction or extinguishment of development value following severance or injurious affection.N.I.

(1)Where—

(a)at any time after the passing of this Act, any land is acquired by or sold to a public body; and

(b)compensation is or was payable, or an amount is or was included in the purchase price, in respect of a compensatable estate in land other than the acquired land for damage sustained by reason that the acquired land is or was severed from other land held therewith, or that any other land (whether held with the acquired land or not) is or was injuriously affected;

then for the purpose of determining whether that other land or any part thereof has a balance of development value at any subsequent time, there shall be deducted from the development value of that other land an amount calculated in accordance with subsection (2) and the development value of that land, or of the part thereof in question, as the case may be, shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2)The amount required under subsection (1) to be deducted shall be the amount, if any, by which the compensation payable, or amount included in the purchase price as therein mentioned exceeds or exceeded the compensation which would have been so payable or the amount which would have been so included, if the extent of the damage sustained in respect of the other land in question had fallen to be ascertained on the assumption that planning permission would not be granted for any new development of that land, but would be granted for any development thereof other than new development.

(3)In this section “the acquired land” , in relation to an acquisition or sale, means the land acquired or sold.

F1rep. with saving by 2001 c. 2 (NI)

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