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

F1 37 Application of s.24 to compensation payable otherwise than under Part II. N.I.

(1) Section 24 shall have effect in relation to any compensation to which this section applies in like manner as it has effect in relation to compensation payable under Part II with the substitution for the reference in subsection (1)( a) to any person who claims any part of compensation exceeding fifty pounds which becomes payable under Part II of a reference to any person who is entitled to an estate in the land in question, being a person who appears to the Ministry to be substantially affected by the registration of a notice under that section as applied by this section.

(2) This section applies to any compensation which has been paid or is payable under section 6(4) of the Act of 1944 after 25th February 1963 in relation to the refusal or grant subject to conditions of planning permission for any new development or the revocation or modification by an order under section 3 of the Act of 1944 of planning permission for any new development.

(3) Where section 24 has effect in relation to any compensation to which this section applies, any person who is entitled to an estate in any relevant land may, if he has acquired that estate in the land after the date of the decision or order in respect of which the compensation in question has been paid or is payable but before the date of passing of this Act, make an application to the Ministry claiming—

(a) that the consideration which he furnished in order to acquire his estate or the obligations which he has incurred by virtue of acquiring the estate, are greater than they might reasonably be expected to have been if the notice had been registered in the Statutory Charges Register before the date on which he entered into the contract to acquire that estate; or

(b) if he has not furnished any consideration in order to acquire his estate, that any consideration furnished after the date of that decision or order by any person from whom he derived his estate is greater than it might reasonably be expected to have been if the notice had been registered in the Statutory Charges Register before the date on which the person from whom his estate is derived entered into the contract to acquire the estate from which the claimant derives his estate.

(4) Where a person makes an application to the Ministry under subsection (3), the Ministry shall consider the matters referred to in the application, and may if it thinks fit either cancel the notice or serve on him a notice specifying therein such lesser amount as the Ministry considers to be appropriate in lieu of the amount specified in the first notice, and section 24 shall, subject to any necessary modifications, have effect in relation to any notice served under this subsection as it has effect in relation to a notice served under that section.

(5) Where any dispute arises under subsection (4) as to the cancellation or service of a notice, it shall be referred to the Lands Tribunal for determination.

Subs. (6) rep. by 2001 c. 2 (NI)

(7) In this section “relevant land” means any land in respect of which a notice is served under section 24 as applied by this section.

F1 1972 NI 17

Modifications etc. (not altering text)

C1 S. 37 applied (with modifications) (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), ss. 181(4), 254(1), (2) (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)