- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Land Development Values (Compensation) Act (Northern Ireland) 1965, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Compensation shall not be payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision whereby permission for the carrying out of any new development is refused—
(a)where the development consists of—
(i)a change in the use ofng (including the conversion or adaptation of any building for the purpose of the proposed development); or
(ii)a change in the use of any land other than buildings, unless the development consists of the carrying out of any building operations or the getting of minerals or the stationing of any caravans on the land;
(b)if the reason or one of the reasons stated for the refusal is that development of the kind proposed would be premature having regard to either or both of the following matters, that is to say—
(i)the order of priority, if any, for development contained in [F2a local development plan];
(ii)any existing deficiency in the provision of water supplies, sewerage services or roads and the period within which any such deficiency may reasonably be expected to be made good;
so, however, that paragraph ( b) shall not apply if the planning decision refusing the permission is given on an application made more than seven years after the date of a previous planning decision whereby permission to develop the same land was refused for the same reason, or for reasons which included the same reason.
(2)Compensation shall not be payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision whereby permission for the carrying out of any new development is refused if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of its liability to flooding or subsidence.
(3)Compensation shall not be payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision whereby permission to display any advertisements is refused or is granted subject to conditions.
(4)Compensation shall not be payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision whereby permission for the carrying out of any new development is granted subject to conditions relating to—
(a)the dimensions, design, structure or external appearance of any building, or the materials to be used in its construction;
(b)the number of any buildings included in the development or the disposition of any building so included;
(c)the character or user of any building or other land included in the development;
(d)the position in which caravans may be stationed on a caravan site at any one time or the number of caravans which may be so stationed;
(e)the net annual value of any building included in the development;
(f)the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading, unloading or fuelling of vehicles on the land;
(g)without prejudice to paragraph ( h), the width, position or arrangement of streets or the materials to be used in the construction of streets;
(h)the width, position or arrangement of any means of access to a highway or the materials to be used in the construction of any such means of access;
(i)the getting of minerals or any operations incidental thereto.
(5)Where a planning decision is given whereby permission to develop land is granted subject to conditions, compensation shall not be payable under this Part in respect of a compensatable estate subsisting in land which is the subject of that decision if any development permitted by the decision is initiated before the date on which an appeal is determined under [F3section 58 of the Planning Act in respect of that decision].
(6)For the purposes of this section, a planning decision whereby permission for the carrying out of any new development is granted subject to a condition prohibiting development on a specified part of that land shall be treated as a decision refusing the permission with respect to that part of the land.
(7)In this section—
“advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, employed wholly or partly for the purposes of advertisement, announcement or direction and includes any hoarding or similar structure which is used or intended for use for displaying advertisements;
“street” has the same meaning as in the Private Streets Act (Northern Ireland) 1964 [1964 c.27] .
F1rep. with saving by 2001 c. 2 (NI)
F2Words in s. 15(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 1(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
F3Words in s. 15(5) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 1(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.