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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

20F3Claims for compensation.N.I.

(1)Compensation under this Part shall not be payable unless a claim for it is duly made to the Ministry in accordance with this section.

(2)A claim for compensation under this Part shall not have effect unless it is made before the end of the period of six months beginning with the date of the planning decision to which it relates or beginning with the passing of this Act, whichever period last expires, but the Ministry may in any particular case (either before, on or after the date on which the time for claiming compensation under this Part would otherwise have expired) allow an extended, or further extended, period for making such a claim.

(3)Regulations made under this section may—

(a)require claims for compensation under this Part to be made in a form prescribed by the regulations;

(b)require a claimant to provide such evidence and information in support of the claim and as to the interests of other persons in the land to which the claim relates (being evidence, information or interests of which the claimant is aware) as may be so prescribed.

(4)Where a claim is made to the Ministry under subsection (1)—

(a)if it appears to the Ministry—

(i)that the development to which the planning decision related was not new development; or

(ii)that at the time of the planning decision no part of the land to which the claim relates had a balance of development value; or

(iii)that compensation is excluded by section 15 or 16;

the Ministry shall notify the claimant accordingly, stating on which of those grounds it appears to the Ministry that compensation is not payable;

(b)in any other case or if a claimant disputes the Ministry's findings, the Ministry shall serve notice of the claim on every other person appearing to it to be entitled to an estate in the land to which the claim relates and, where the land is the subject of a settlement, on the trustees of the settlement, if any, if an estate in the land is not vested in them.

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