Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(8) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions referred to in paragraph (a) or (b) of subsection (1) of section 410 as appear to the Minister to be necessary or expedient.

420. References to section 410 functions in regulations, etc.

420. (1) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 410 to the Minister of the Government concerned, and which relate to the section 410 functions, shall be deemed to be references to the Commission.

(2) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 410 to local inquiries or public local inquiries, and which relate to the section 410 functions, shall be deemed to be references to oral hearings by the Commission.

421. Transitional provisions

421. (1) Where a function has been performed by a relevant person pursuant to a relevant provision for the purposes of, or relating to, the acquisition of land but such acquisition has not been completed before the relevant commencement—

(a) that function shall, on and after the relevant commencement, be deemed to have been performed under the provision of this Part that is equivalent to that relevant provision, and

(b) the further steps that need to be taken to complete such acquisition may be taken under one or more than one provision of this Part, and this Part shall be construed, with all necessary modifications, to enable those further steps to be taken.

(2) In this section—

“acquisition of land” shall be construed in accordance with section 213 of the Act of 2000;

“land” includes any part of the maritime area that falls within paragraph (b) of the definition of “owner” in section 2;

“relevant commencement” means the commencement of this Part;

“relevant person” means—

(a) a local authority,

(b) An Bord Pleanála,

(d) a sanitary authority or road authority referred to in section 217 of the Act of 2000, or

(e) the High Court;

“relevant provision” means a provision of section 213, 216, 217, 217A, 217B, 217C, 218, 219, 220, 221 or 223 of the Act of 2000.

Chapter 3

422. Maritime site acquisition by local authority

422. (1) The power conferred on a local authority under any enactment to acquire maritime sites shall be construed in accordance with this section.

(2) (a) A local authority may, for the purposes of performing any of its functions (whether conferred by or under this Act or any other enactment passed before or after the passing of this Act), including giving effect to or facilitating the implementation of its development plan or its housing strategy, do all or any of the following:

(i) acquire maritime sites, permanently or temporarily, by agreement or compulsorily;

(ii) acquire, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any maritime sites;

(iii) restrict or otherwise interfere with, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any maritime sites,

and the performance of all or any of the functions referred to in subparagraphs (i), (ii) and (iii) are referred to in this Act as an “acquisition of a maritime site”.

(b) A reference in paragraph (a) to acquisition by agreement shall include acquisition by way of purchase, lease, exchange or otherwise.

(i) a maritime site, or

(ii) any easement, way-leave, water-right or other right to which that paragraph applies,

whether situated or exercisable, as the case may be, inside or outside the functional area of the local authority concerned.

(3) (a) The acquisition may be effected by agreement or compulsorily in respect of a maritime site not immediately required for a particular purpose if, in the opinion of the local authority, the maritime site will be required by the authority for that purpose in the future.

(b) The acquisition may be effected by agreement in respect of any maritime site which, in the opinion of the local authority, it will require in the future for a purpose relating to any of its functions notwithstanding that the authority has not determined the manner in which or the particular such purpose for which it will use the maritime site.

(c) Paragraphs (a) and (b) shall apply and have effect in relation to any power to acquire a maritime site conferred on a local authority by virtue of this Act or any other enactment whether enacted before or after this Act.

(4) A local authority may be authorised by compulsory purchase order to acquire a maritime site for any of the purposes referred to in subsection (2) and section 10 of the Local Government Act (No. 2) 1960 shall be construed so as to apply accordingly and the reference to “purposes” in paragraph (a) of subsection (1) of section 10 of that Act shall be construed as including purposes referred to in subsection (2).

(5) In this section “maritime site” means any part of the maritime area that falls within paragraph (b) of the definition of “owner” in section 2.

423. Continuance of vesting of certain functions

423. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—

(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of a maritime site by a local authority under the following enactments:

(i) the Public Health (Ireland) Act 1878;

(ii) the Local Government (Ireland) Act 1898;

(iii) the Local Government Act 1925;

(iv) the Water Supplies Act 1942;

(v) the Local Government (No. 2) Act 1960;

(vi) the Local Government (Sanitary Services) Act 1964;

(vii) the Act of 1966;

(viii) the Derelict Sites Act 1990;

(ix) the Roads Acts 1993 and 1998;

(x) the Dublin Docklands Development Authority Act 1997,

(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,

(i) any Minister of the Government, or

(ii) the F21[Commission for Regulation of Utilities],

under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation to the compulsory acquisition of a maritime site in respect of a strategic gas infrastructure development,

(d) the functions of the Minister of the Government concerned under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation to the compulsory acquisition of a maritime site for the purposes set out in section 18 of that Act, and

(e) the functions of the Minister of the Government concerned under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition of a maritime site for the purposes set out in that section,

shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.

(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.

(3) In this section “local authority” includes the Dublin Docklands Authority.

424. Confirmation of compulsory purchase order where there are no objections

424. (1) Subject to subsections (2) and (3), where a compulsory purchase order is made in respect of the acquisition of a maritime site by a local authority in accordance with any enactment referred to in paragraph (a) of subsection (1) of section 423 and—

(a) no objections are received by the Commission or the local authority, as the case may be, within the period provided for making objections,

(b) any objection received is subsequently withdrawn at any time before the Commission makes its decision, or

(c) the Commission is of the opinion that any objection received relates exclusively to matters which can be dealt with by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act 1960,

the Commission shall, where appropriate, inform the local authority thereof and the local authority shall, as soon as may be, confirm the order with or without modification, or it may refuse to confirm the order.

(2) Subsection (1) shall not prejudice any requirement to obtain approval for a scheme in accordance with section 49 of the Act of 1993 or proposed road development in accordance with section 51 of the Act of 1993, or for proposed Chapter 4 local authority development (within the meaning of Part 4) or Chapter 4 State authority development (within the meaning of Part 4).

(3) Subsection (1) shall not apply with respect to a compulsory purchase under the Derelict Sites Act 1990.

(4) In this section “local authority” includes the Dublin Docklands Development Authority.

425. Certain time limits in respect of compulsory purchase of maritime site, etc.

425. (1) Where an objection is made to a sanitary authority in accordance with section 6 of the Water Supplies Act 1942 and not withdrawn, the sanitary authority shall, within 6 weeks of receiving the objection, apply to the Commission for a provisional order in accordance with section 8 of that Act.

(2) Where an objection is made to a sanitary authority in accordance with section 8 of the Local Government (Sanitary Services) Act 1964 and not withdrawn, the sanitary authority shall, within 6 weeks of receiving the objection, apply to the Commission for its consent to the compulsory acquisition of a maritime site in accordance with that section.

(3) Subject to section 424, where a local authority complies with the notification provisions in relation to a compulsory purchase order under article 4 of the Third Schedule to the Act of 1966, it shall, within 6 weeks of complying with those provisions, submit the compulsory purchase order to the Commission for confirmation.

(4) Where a road authority complies with the notification provisions in relation to a scheme in accordance with section 48 of the Act of 1993, it shall, within 6 weeks of complying with those provisions, submit the scheme to the Commission for approval.

(5) A notice of the making of a confirmation order to be published or served, as the case may be, in accordance with subsection (1) of section 78 of the Act of 1966 shall be published or served within 12 weeks of the making of the confirmation order.

(6) Notwithstanding section 123 of the Lands Clauses Consolidation Act 1845, where a compulsory purchase order or provisional order is confirmed by a local authority or the Commission and becomes operative and the local authority decides to acquire a maritime site to which the order relates, the local authority shall serve any notice required under any enactment to be served in order to treat for the purchase of the several interests in the maritime site (including under section 79 of the Act of 1966) within 18 months of the order becoming operative.

(7) (a) Notwithstanding subsection (6), where legal proceedings are in being challenging the validity of either—

(i) the compulsory purchase order or provisional order concerned, or

(ii) permissions, consents or authorisations granted by or under this Act or by or under any other enactment relating to the project in respect of which, or being the purpose for which, the maritime site concerned is to be acquired,

and a notice to treat is not served within the period of 18 months (in this subsection referred to as the “first period”), the first period shall be extended for a further period (in this subsection referred to as the “second period”) beginning on the day immediately after the day on which the first period expires and expiring on the earlier of the following:

(I) 30 days after the day on which the legal proceedings are concluded;

(II) 18 months after the day on which the first period expires.

(b) Where proceedings referred to in paragraph (a) have not been concluded during the second period, on an application to the High Court by the local authority before the expiration of the second period, that court may, if it considers that, in the particular circumstances there is good and sufficient reason for doing so, extend the second period by such further period from its expiration as it believes necessary in the circumstances provided that, having regard to all of the circumstances, it considers that it would be just and equitable to do so.

(8) (a) A decision of the Commission made in the performance of a function which falls within paragraph (a) or (b) of subsection (1) of section 423 shall become operative 3 weeks from the date on which notice of the decision is first published.

(b) Subsections (8) and (9) of section 52 of the Act of 1993 and subsections (2) to (4) of section 78 of the Act of 1966 shall not apply in relation to decisions of the Commission under this Part, in so far as this Part relates to the maritime area.

426. Section 423 functions: supplemental provisions

426. (1) The Commission may, in respect of any of the section 423 functions concerning the confirming or otherwise of any compulsory acquisition, at its absolute discretion and at any time before making a decision in respect of the matter—

(a) request submissions or observations from any person who may, in the opinion of the Commission, have information which is relevant to its decision concerning the confirming or otherwise of such compulsory acquisition (and may have regard to any submission or observation so made in the making of its decision), or

(b) hold meetings with the local authority, or in the case of paragraph (c) of subsection (1) of section 423, the person who applied for the acquisition order, or any other person where it appears to the Commission to be necessary or expedient for the purpose of—

(i) making a decision concerning the confirming or otherwise of such compulsory acquisition, or

(ii) resolving any issue with the local authority or the applicant, as may be appropriate, or any disagreement between the authority or the applicant, as may be appropriate, and any other person, including resolving any issue or disagreement in advance of an oral hearing.

(2) Where the Commission holds a meeting in accordance with paragraph (b) of subsection (1), it shall keep a written record of the meeting and make that record available for inspection.

(3) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint any person to hold a meeting referred to in paragraph (b) of subsection (1).

427. Paragraph (b) of subsection (1) of section 423: supplemental provisions

427. (1) The Commission may, at its absolute discretion and at any time before making a decision on a scheme or proposed road development referred to in paragraph (b) of subsection (1) of section 423—

(a) request further submissions or observations from any person who made submissions or observations in relation to the scheme or proposed road development, or any other person who may, in the opinion of the Commission, have information which is relevant to its decision on the scheme or proposed road development, or

(b) hold meetings with the road authority or any other person where it appears to the Commission to be necessary or expedient for the purpose of—

(i) making a decision on the scheme or proposed road development, or

(ii) resolving any issue with the road authority or any disagreement between the authority and any other person, including resolving any issue or disagreement in advance of an oral hearing.

(2) Where the Commission holds a meeting in accordance with paragraph (b) of subsection (1), it shall keep a written record of the meeting and make that record available for inspection.

(3) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint any person to hold a meeting referred to in paragraph (b) of subsection (1).

(4) The Commission may—

(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Act of 1993 or made an application for approval under section 51 of that Act to furnish to the Commission such further information in relation to—

(i) the effects on the environment of the proposed scheme or road development, or

(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

as the Commission may specify, or

(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development under the Act of 1993 alterations specified in the notification and, if the authority makes those alterations, to furnish to the Commission such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered or, where necessary, a revised environmental impact assessment report in respect of it.

(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Act of 1993.

(6) The Commission shall—

(a) where it considers that any further information received pursuant to a requirement made under paragraph (a) of subsection (4) contains significant additional data relating to—

(i) the likely effects on the environment of the scheme or proposed road development, and

(ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

(b) where the road authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (b) of subsection (4),

require the authority to do the things referred to in subsection (7).

(7) The things which a road authority shall be required to do as aforesaid are—

(a) to publish in at least one newspaper a notice stating that, as appropriate—

(i) further information in relation to the scheme or proposed road development has been furnished to the Commission, or

(ii) the road authority has, pursuant to an invitation of the Commission, made alterations to the terms of the scheme or proposed road development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the scheme or road development as so altered or a revised environmental impact assessment report in respect of the scheme or development has been furnished to the Commission,

indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the information or the environmental impact assessment report referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that information, report or statement may be made to the Commission before the expiration of the indicated period, and

(b) to send to each body or prescribed authority to which a notice was given pursuant to paragraph (b) or (c) of subsection (3) of section 51 of the Act of 1993—

(i) a notice of the furnishing to the Commission of, as appropriate, the further information referred to in subparagraph (i) of paragraph (a) or the information, report or statement referred to in subparagraph (ii) of paragraph (a), and

(ii) a copy of that further information, information, report or statement,

and to indicate to the body or authority that submissions or observations in relation to that further information, information, report or statement may be made to the Commission before the expiration of a period (which shall be not less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the road authority.

(8) The Commission shall, in making its decision in respect of a scheme or proposed road development, have regard to any information submitted on foot of a notice under subsection (4), including any revised environmental impact assessment report or any submissions or observations made on foot of a request under subsection (1) or a notice under subsection (7).

428. Commission’s powers to make decisions on section 423 functions

428. (1) Notwithstanding any provision of any of the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 423 concerning the confirming or otherwise of any compulsory acquisition, the Commission shall, in relation to any of the section 423 functions respecting those matters, have the power to confirm a compulsory acquisition or any part thereof, with or without conditions or modifications, or to annul an acquisition or any part thereof.

(2) Notwithstanding any provision of the Act of 1993 concerning the approval of any scheme or proposed road development, the Commission shall, in relation to any of the section 423 functions respecting those matters, have the power to approve the scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof.

(3) Without prejudice to the generality of the foregoing power to attach conditions, the Commission may attach to any approval of a scheme or proposed road development under the Act of 1993 a condition requiring—

(a) the construction or the financing, in whole or in part, of the construction of a facility, or

(b) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Commission, would constitute a substantial gain to the community.

(4) A condition attached pursuant to subsection (3) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.

429. Oral hearings in relation to compulsory acquisition of maritime site

429. (1) Where, as a result of the section 423 functions, the Commission would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Commission but the Commission may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function concerned.

(2) For the avoidance of doubt, it is hereby declared that the provisions of the Local Government Acts 1941, 1946, 1955 and 1991, in relation to public local inquiries shall not apply in relation to oral hearings held by the Commission in accordance with subsection (1).

(3) For the purposes of this Part, in so far as this Part relates to the maritime area, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section:

(a) section 10 of the Local Government (No. 2) Act 1960;

(b) section 78 of, and the Third Schedule to, the Act of 1966;

(4) Sections 370, 380 and 385 shall apply and have effect in relation to the section 423 functions and those sections shall, with all necessary modifications, be construed accordingly.

430. Power to direct payment of certain costs

430. (1) Where the Commission has made a decision in the performance of any section 423 functions, it may at its absolute discretion direct the payment of such sum as it considers reasonable by the local authority concerned or, in the case of paragraph (c), (d) or (e) of subsection (1) of section 423, the person who applied for the acquisition order (hereafter in this section referred to as the “applicant”)—

(a) to the Commission towards the costs and expenses incurred by the Commission in determining the matter, including—

(i) the costs of holding any oral hearing in relation to the matter,

(ii) the fees of any consultants or advisers engaged in the matter, and

(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Commission as the Commission determines to be attributable to the performance of duties by the members and employees in relation to the matter,

and

(b) to any person appearing at an oral hearing held in relation to the matter as a contribution towards the costs, other than the costs referred to in section 370, incurred by that person of appearing at that hearing,

and the local authority or applicant, as appropriate, shall pay the sum.

(2) The reference in paragraph (b) of subsection (1) to costs shall be construed as a reference to such costs as the Commission in its absolute discretion considers to be reasonable costs.

(3) If a local authority or applicant, as appropriate, fails to pay a sum directed to be paid under subsection (1), the Commission or any other person concerned, as the case may be, may recover the sum from the authority or applicant, as appropriate, as a simple contract debt in any court of competent jurisdiction.

431. Certain procedures to run in parallel

431. (1) The person holding an oral hearing in relation to the compulsory acquisition of a maritime site, which relates wholly or in part to proposed development by a local authority which is required to comply with section 213, 214 or 230 or any other statutory provision to comply with procedures for giving effect to the Environmental Impact Assessment Directive, shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(2) Where an application for the approval of a proposed development which is required to comply with section 213, 214 or 230 is made to the Commission and a compulsory purchase order or provisional order has been submitted to the Commission for confirmation and the proposed development relates wholly or in part to the same proposed development, the Commission shall, if objections have been received in relation to the compulsory purchase order, make a decision on the confirmation of the compulsory purchase order at the same time.

432. Objective of Commission in relation to section 423 functions

432. (1) Subject to subsections (2) to (5), the Commission shall determine any matters in accordance with the section 423 functions—

(a) within a period of 18 weeks beginning on the last day for making objections, observations or submissions, as the case may be, in accordance with the relevant enactment referred to in paragraphs (a) to (e) of subsection (1) of section 423, or

(b) the matter is determined within such other period as the Minister may prescribe in relation to paragraph (a), either generally or in respect of a particular class or classes of matter.

(2) (a) Where it appears to the Commission that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Commission is concerned, to determine the matter within the period prescribed under subsection (1), the Commission shall, by notice in writing served on any local authority involved and any other person who submitted objections, representations, submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Commission intends that the matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Commission shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.

(3) The Minister may by regulations vary the period as specified in subsection (2) either generally or in respect of a particular class or classes of matters with which the Commission is concerned, in accordance with the section 423 functions, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

(4) Where the Minister considers it to be necessary or expedient that certain functions of the Commission (being section 423 functions) performable in relation to matters of a class or classes that—

(a) are of special strategic, economic or social importance to the State, and

(b) are submitted to the Commission for the performance by it of such functions,

be performed as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Commission that in the performance of the functions concerned priority be given to matters of the class or classes concerned, and the Commission shall comply with such direction.

(5) Subsection (1) shall not apply in relation to the functions referred to in paragraph (a) of subsection (1) of section 423 in so far as they relate to any enactment referred to in subparagraph (i), (iii) or (iv) of paragraph (a) of subsection (1) of section 423.

(6) For the purposes of meeting its duty under this section, the Chief Planning Commissioner may, or shall when so directed by the Minister, assign the section 423 functions to a particular division of the Commission in accordance with section 514.

(7) The Commission shall include in each report made under section 522 a statement of the number of matters which the Commission has determined within a period referred to in paragraph (a) or (b) of subsection (1) and such other information as to the time taken to determine such matters as the Minister may direct.

(8) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions referred to in paragraph (a) or (b) of subsection (1) of section 423 as appear to the Minister to be necessary or expedient.

433. References to section 423 functions in regulations, etc.

433. (1) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 423 to the Minister of the Government concerned, and which relate to the section 423 functions, shall be deemed to be references to the Commission.

(2) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 423 to local inquiries or public local inquiries, and which relate to the section 423 functions, shall be deemed to be references to oral hearings by the Commission.

PART 15 Compensation — Land (Chapters 1 to 3) and Maritime Sites (Chapters 4 to 7)

Chapter 1

434. Right to compensation

434. (1) Subject to the other provisions of this Part, in so far as this Part relates to land, where a decision (in this subsection referred to as the “relevant decision”) is made by the Commission, on appeal from a decision of a planning authority or on an application made to the Commission in the first instance, either—

(a) to refuse permission, or

(b) to grant permission subject to one or more than one condition,

a person with an interest in the land, or the occupier of the land, to which the relevant decision relates shall, where it results, at the date of such decision, in a reduction in the value of such interest or damage to the occupier, as the case may be, on a claim made to the planning authority, be entitled to be paid by the planning authority, by way of compensation, an amount calculated in accordance with subsection (1) or (2), as the case may be, of section 435.

(2) Compensation shall not be payable under subsection (1) in respect of the refusal of permission, or the grant of permission subject to one or more than one condition, for any development—

(a) of a class or description set out in Part 1 of Schedule 3,

(b) in the case of the refusal of permission, where the reason, or one or more than one of the reasons, for such refusal is a reason set out in Part 1 of Schedule 4,

(c) in the case of the refusal of permission, where such refusal is based on any change of the zoning of any land as a result of—

(i) the making of a new development plan,

(ii) the variation of an existing development plan, or

(iii) the preparing, making, amending or revoking of an urban area plan, a priority area plan or a coordinated area plan,

(d) in the case of the grant of permission subject to one or more than one condition, such grant being subject to one or more than one condition of a class or description set out in Part 1 of Schedule 5,

(e) in the case of the refusal of permission or the grant of permission subject to one or more than one condition, such refusal or grant, as the case may be, relating to the retention on land of any unauthorised structure, or

(f) where a notice preventing compensation is served and has the effect of preventing compensation in accordance with section 437.

435. Amount of compensation

435. (1) Compensation for the purposes of section 434 in the case of a person with an interest in land shall be calculated as such amount representing the reduction in value as may be agreed or, where not agreed, as determined in accordance with Part 1 of Schedule 6.

(2) In the case of the occupier of the land, the amount of compensation payable is the damage (if any) to his or her trade, business or profession carried out on the land.

436. Claim for compensation

436. (1) Where a claim for compensation is made under section 434, it shall be made to the relevant planning authority which determined the application in the first instance or, where the application was made directly to the Commission, to the planning authority within whose functional area the development is situated.

(2) A claim for compensation may be made by—

(a) a person with an interest in land the value of which is alleged to have been reduced,

(b) an occupier of land where damage is alleged to have been caused to his or her trade, business or profession carried out on the land, or

(c) any other person who has the consent in writing to do so by, as the case may be, the person referred to in paragraph (a) or the occupier referred to in paragraph (b).

437. Notices preventing compensation

437. (1) Subject to subsection (2), where a claim for compensation is made under section 434, the planning authority concerned may, not later than 12 weeks after the claim is received, and having regard to all the circumstances of the case, serve a notice (in this section referred to as a “relevant notice”) in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop land or the grant of permission to develop land subject to one or more than one condition, the land is, in its opinion, capable of other specified types of development for which permission may be granted.

(2) Where a relevant notice is sent, the planning authority shall be restricted to considerations of proper planning and sustainable development.

(3) The sending of a relevant notice by a planning authority does not prejudice the entitlement of a planning authority or the Commission to refuse permission for an application for other development identified in the notice.

(4) A relevant notice shall continue in force for a period of 5 years unless—

(a) the notice is withdrawn by the planning authority,

(b) permission is granted to develop the land to which the notice relates in a manner consistent with the other development identified in the notice, subject to no condition or to one or more than one condition of a class or description set out in Part 1 of Schedule 5, or

(5) Where a relevant notice is withdrawn, or annulled under subsection (7), the reasons for such withdrawal or annulment, as the case may be, shall be provided by the planning authority and placed on the planning register.

(6) Compensation shall not be payable on a claim made under section 434 where—

(a) a relevant notice is in force in relation to that claim,

(b) a relevant notice was in force in relation to that claim but—

(i) the notice has ceased to be in force by reason of the expiration of the period referred to in subsection (4), and

(ii) no application for permission to develop the land the subject of the notice, in a manner consistent with the other development identified in the notice, has been made within the period referred to in subparagraph (i),

(c) a relevant notice was in force in relation to the claim but has ceased to be in force by virtue of paragraph (b) of subsection (4).

(7) A relevant notice shall be annulled where, upon an application for permission to develop the land the subject of the notice in a manner consistent with the other development identified in the notice, the permission is refused or is granted subject to one or more than one condition other than one or more than one condition of a class or description set out in Part 1 of Schedule 5.

(8) No claim for compensation under section 434 shall lie in relation to a decision to refuse permission or grant permission subject to one or more than one condition following an application for permission to develop the land the subject of the relevant notice in a manner consistent with the other development identified in the notice.

438. Special provision for structures substantially replacing structures demolished or destroyed by fire, etc.

438. (1) Nothing in this Part, in so far as this Part relates to land, shall prevent compensation being paid—

(a) in respect of the refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed (including by fire) save where it was demolished or destroyed by an unlawful act, of either the owner, or of the occupier with the agreement of the owner, carried out within the 2 years immediately preceding the date of application for permission, or

(b) where a proposed new structure referred to in paragraph (a) is granted permission but subject to a condition in consequence of which—

(i) the new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

(ii) the new structure or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

(2) A dispute between the planning authority and claimant as to whether a new structure referred to in paragraph (a) of subsection (1) would or does replace substantially a demolished or destroyed structure (other than an unauthorised structure) may be referred, by the planning authority or claimant, to the Commission for determination.

Chapter 2

439. Compensation where permission revoked or modified

439. (1) Where a grant of permission to develop land has been revoked or modified by a planning authority or on appeal by the Commission—

(a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure or entered into a contract to incur expenditure in respect of works which are rendered abortive by the revocation or modification, the planning authority shall pay to that person compensation in respect of that expenditure or contract, and

(b) this Part, in so far as this Part relates to land, shall apply in relation to the decision—

(i) where it revoked the permission, as they apply in relation to a refusal of permission to develop land, and

(ii) where it modified the permission by the imposition of one or more than one condition, as they apply in relation to a grant of permission to develop land subject to one or more than one condition.

(2) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

(3) This section shall apply to an order made under section 150 subject to—

(a) the modification that references to planning authority shall be construed as references to the Minister, and

(b) any other necessary modifications.

440. Compensation regarding removal or alteration of structure on land

440. If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice served by it under section 258, the value of an interest of any person in the structure existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his or her enjoyment of the structure, that person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

441. Compensation regarding discontinuance of use of land

441. (1) Subject to subsections (2) and (3), if, on a claim made to the planning authority, it is shown that, as a result of the discontinuance or the compliance with one or more than one condition on the continuance of any use of land consequent upon a notice served by it under section 258, the value of an interest of any person in the land existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his or her enjoyment of the land, that person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

(2) No compensation shall be paid under this section in relation to a reduction in value or damage resulting from the imposition of one or more than one condition under section 258 on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious pollution or the danger of such pollution.

(3) Subsection (1) shall not apply where the use of land is for the exhibition of advertising unless at the time of the discontinuance or compliance, the land has been used for the exhibition of advertising for more than 5 years, whether the use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land.

442. Compensation regarding area of special planning control

442. If, on a claim made to a planning authority, it is shown that—

(a) the value of an interest of any person in land in an area of special planning control has been reduced, or

(b) as a result of complying with a notice under section 339, the value of an interest of any person in the land existing at the time of the notice has been reduced, or that any person, having an interest in the land at the time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

that person shall be paid by the planning authority, by way of compensation, a sum equal to the amount of the reduction in value or a sum in respect of the damage suffered.

443. Compensation regarding cables, wires and pipelines

443. If, on a claim made to the planning authority, it is shown that, as a result of a planning authority exercising its powers pursuant to section 275 and the rights and obligations arising therefrom, the value of an interest of any person in the land existing at the time of the action of the planning authority is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his or her enjoyment of the land or structure, that person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

444. Compensation regarding creation of public rights of way

444. If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 269 made by that authority, is reduced, or that any person having an interest in the land has suffered damage by being disturbed in his or her enjoyment of the land in consequence of the creation of the public right of way, that person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

445. Compensation regarding entry on land

445. If, on a claim made to the planning authority or the Commission, it is shown that, as a result of anything done under section 394 or 395 by virtue of the lawful entry onto land by an authorised person of a local authority or the Commission, any person having an interest in the land has suffered damage, the person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority or the Commission, as the case may be, by way of compensation the amount of the damage.

Chapter 3

446. Application

446. This Chapter applies to any claim for compensation made under Chapter 1 or 2.

447. Time limits

447. (1) Subject to subsection (2), a claim for compensation under this Part, in so far as this Part relates to land, shall be made not later than 6 months after—

(a) in the case of a claim under section 434, the date of the notification of the decision of the Commission to refuse permission or to grant permission subject to one or more than one condition,

(b) in the case of a claim under section 439, the date of the decision of the planning authority or the Commission, as the case may be,

(c) in the case of a claim under section 440, the date of the decision of the Commission to confirm a notice sent under section 258, with or without modifications, to require the demolition or removal or alteration or replacement of a structure,

(d) in the case of a claim under section 441, the date of the decision of the Commission to confirm a notice sent under section 258, with or without modifications, to require the discontinuance of any use or to impose one or more than one condition on the continuance of a use,

(e) in the case of a claim referred to in section 442, the date of the approval of a scheme under section 335 or the date for complying with a notice under section 339, as the case may be,

(f) in the case of a claim under section 443, the date on which (if consent is given) the owner of the land gives consent pursuant to subsection (4) of section 275 or (if consent is not given) the date on which the Commission makes an order under subsection (5) of section 275,

(g) in the case of a claim under section 444, the date on which an order creating a public right of way comes into effect, and

(h) in the case of a claim under section 445, the date on which the damage is suffered.

(2) The High Court may, where it considers that the interests of justice so require and where there is good and sufficient reason, extend the period within which a claim for compensation under this Part, in so far as this Part relates to land, may be brought, upon application being made to it in that behalf.

448. Determination of claim for compensation

448. (1) Where a valid claim for compensation is made, it shall be determined by the planning authority within 3 months of the receipt of the claim for compensation unless the matter is referred to arbitration.

(2) A claim for compensation under this Part, in so far as this Part relates to land, shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919, but subject to—

(a) Part 1 of Schedule 6 where the claim is in respect of a reduction in the value of an interest in land, and

(b) the proviso that the arbitrator shall have jurisdiction to make a nil award.

(3) The determination—

(a) by a planning authority, or

(b) in the absence of agreement between the planning authority or the Commission, as may be appropriate, and the claimant, by the property arbitrator,

of a claim for compensation shall be conducted in accordance with Part 1 of Schedule 6.

(4) The Minister may make regulations to provide for—

(a) the form in which claims for compensation are to be made,

(b) the provision by a claimant of evidence in support of his or her claim, and information as to his or her interest in the land to which the claim relates,

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him or her) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority (or, as the case may be, the Commission) or the claimant of every other person (if any) appearing to it or him or her to have an interest in the land, and

(d) the requisition of further additional evidence or information to support the claim.

449. Double compensation

449. (1) (a) Where a valid claim for compensation is made under this Part, in so far as this Part relates to land, to the relevant planning authority and compensation is agreed or, in default of agreement, is determined by arbitration, the claimant shall not be entitled to compensation under any other enactment.

(b) Where a valid claim for compensation is made under another enactment which claim is, or could be, a valid claim for compensation referred to in paragraph (a) and compensation is agreed or, in default of agreement, is determined by arbitration, the claimant shall not be entitled to compensation under this Part, in so far as this Part relates to land.

(2) Where more than one valid claim for compensation is made to the relevant planning authority, any award of compensation must be determined by reference to the claimant’s specific interest and the extent of the loss or damage suffered by that claimant.

450. Recovery of compensation

450. (1) All compensation payable under this Part, in so far as this Part relates to land, by the planning authority (or, as the case may be, the Commission) shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Part, in so far as this Part relates to land, be recoverable from that authority (or, as the case may be, the Commission) as a simple contract debt in any court of competent jurisdiction.

(2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as the costs and expenses are payable by the planning authority (or, as the case may be, the Commission), be recoverable from that authority (or, as the case may be, the Commission) as a simple contract debt in any court of competent jurisdiction.

451. Registration of compensation

451. (1) Where, on a claim for compensation under this Part, in so far as this Part relates to land, compensation has become payable, either by agreement between the planning authority (or, as the case may be, the Commission) and claimant or following the arbitration process, the planning authority (or, as the case may be, the Commission) shall prepare and retain a statement of that fact, specifying the basis for the claim for compensation, the dates when the claim for compensation was received and determined and the amount of the compensation which is agreed between the planning authority (or, as the case may be, the Commission) and claimant or determined in the arbitration process.

(2) Particulars of a statement under this section prepared by a planning authority or the Commission shall be entered in the register not later than 2 weeks after the day on which the statement is prepared.

452. Recovery by planning authority of compensation subsequent to development

452. (1) No person shall carry out any development to which this section applies on land in respect of which a statement (in this section referred to as the “compensation statement”) stands registered (whether under section 72 of the Act of 1963, section 9 of the Act of 1990, section 188 of the Act of 2000 or section 451) until that amount, as is recoverable under this section in respect of the compensation specified in the compensation statement, has been paid or secured to the satisfaction of the planning authority.

(2) This section applies to any development (other than exempted development), except that—

(a) this section shall not apply to any development by virtue of a permission to develop land granted subject to one or more than one condition other than a condition of a class or description set out in Part 1 of Schedule 5, and

(b) in a case where the compensation specified in the statement became payable in respect of the imposition of one or more than one condition on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the land on which the development is to be carried out (in this section referred to as the “development area”) is identical with, or includes (with other land), the whole of the land comprised in the compensation statement, shall be the amount of compensation specified in that statement, or

(b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

(4) The attribution of compensation under paragraph (b) of subsection (3) shall be in accordance with the following—

(a) the planning authority shall (if it appears to it to be practicable to do so) apportion the amount of the compensation between the different parts of the land, according to the way in which those parts appear to it to be differently affected by the refusal of permission or grant of permission subject to one or more than one condition,

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates,

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment, as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land, and

(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act 1960.

(5) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

(a) shall be so payable, either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage loan, covenant or otherwise) as the planning authority may direct.

(7) If any person initiates any development to which this section applies in contravention of subsection (1), the planning authority may serve a notice upon him or her specifying the amount appearing to it to be the amount recoverable under this section in respect of the compensation in question and requiring him or her to pay that amount to the planning authority within such period, not being less than 12 weeks after the service of the notice, as may be specified in the notice, and, in default of the amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

453. Restriction on assignment

453. A person shall not be entitled to assign to any other person all or any part of any prospective compensation under this Part, in so far as this Part relates to land, and every purported assignment or promise, express or implied, to pay any other person any money in respect of any such compensation is void.

Chapter 4

454. Definitions

454. In this Chapter, Chapters 5 to 7 and Part 2 of Schedules 3 to 6—

“designated maritime area plan” has the meaning assigned to it by the Act of 2021;

“maritime usage” has the meaning assigned to it by the Act of 2021;

“owner” shall be construed in accordance with paragraph (b) of the definition of “owner” in section 2.

Chapter 5

455. Application

455. A reference in this Chapter to an occupier of a maritime site does not include an occupier who falls within subparagraph (i) of paragraph (b) of the definition of “occupier”.

456. Right to compensation

456. (1) Subject to the other provisions of this Part in so far as this Part relates to the maritime area, where a decision (in this subsection referred to as the “relevant decision”) is made by the Commission, on appeal from a decision of a planning authority or on an application made to the Commission in the first instance, either—

(a) to refuse permission, or

(b) to grant permission subject to one or more than one condition,

the owner of a maritime site, or the occupier of a maritime site, to which the relevant decision relates shall, where it results, at the date of such decision, in a reduction in the value of such ownership or damage to the occupier, as the case may be, on a claim made to the planning authority, be entitled to be paid by the planning authority, by way of compensation, an amount calculated in accordance with subsection (1) or (2), as the case may be, of section 457.

(2) Compensation shall not be payable under subsection (1) in respect of the refusal of permission, or the grant of permission subject to one or more than one condition, for any development—

(a) of a class or description set out in Part 2 of Schedule 3,

(b) in the case of the refusal of permission, where the reason, or one or more than one of the reasons, for such refusal is a reason set out in Part 2 of Schedule 4,

(c) in the case of the refusal of permission, where such refusal is based on any change of the maritime usages of the maritime site concerned as a result of—

(i) the making of a new maritime spatial plan,

(ii) the variation of an existing maritime spatial plan, or

(iii) the preparing, making, amending or revoking of a designated maritime area plan,

(f) where a notice preventing compensation is served and has the effect of preventing compensation in accordance with section 459.

457. Amount of compensation

457. (1) Compensation for the purposes of section 456 in the case of the owner of a maritime site shall be calculated as such amount representing the reduction in value as may be agreed or, where not agreed, as determined in accordance with Part 2 of Schedule 6.

(2) In the case of the occupier of a maritime site, the amount of compensation payable is the damage (if any) to his or her trade, business or profession carried out on the site.

458. Claim for compensation

458. (1) Where a claim for compensation is made under section 456, it shall be made to the relevant planning authority which determined the application in the first instance or, where the application was made directly to the Commission, to the planning authority within whose functional area the development is situated.

(2) A claim for compensation may be made by—

(a) the owner of a maritime site the value of which is alleged to have been reduced,

(b) an occupier of a maritime site where damage is alleged to have been caused to his or her trade, business or profession carried out on the maritime site, or

(c) any other person who has the consent in writing to do so by, as the case may be, the owner referred to in paragraph (a) or the occupier referred to in paragraph (b).

459. Notices preventing compensation

459. (1) Subject to subsection (2), where a claim for compensation is made under section 456, the planning authority concerned may, not later than 12 weeks after the claim is received, and having regard to all the circumstances of the case, serve a notice (in this section referred to as a “relevant notice”) in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop a maritime site or the grant of permission to develop a maritime site subject to one or more than one condition, the maritime site is, in its opinion, capable of other specified types of development for which permission may be granted.

(2) Where a relevant notice is sent, the planning authority shall be restricted to considerations of proper planning and sustainable maritime usages and objectives of maritime spatial planning.

(4) A relevant notice shall continue in force for a period of 5 years unless—

(a) the notice is withdrawn by the planning authority,

(b) permission is granted to develop the maritime site to which the notice relates in a manner consistent with the other development identified in the notice, subject to no condition or to one or more than one condition of a class or description set out in Part 2 of Schedule 5, or

(6) Compensation shall not be payable on a claim made under section 456 where—

(a) a relevant notice is in force in relation to that claim,

(b) a relevant notice was in force in relation to that claim but—

(i) the notice has ceased to be in force by reason of the expiration of the period referred to in subsection (4), and

(ii) no application for permission to develop the maritime site the subject of the notice, in a manner consistent with the other development identified in the notice, has been made within the period referred to in subparagraph (i),

(c) a relevant notice was in force in relation to the claim but has ceased to be in force by virtue of paragraph (b) of subsection (4).

(7) A relevant notice shall be annulled where, upon an application for permission to develop the maritime site the subject of the notice in a manner consistent with the other development identified in the notice, the permission is refused or is granted subject to one or more than one condition other than one or more than one condition of a class or description set out in Part 2 of Schedule 5.

(8) No claim for compensation under section 456 shall lie in relation to a decision to refuse permission or grant permission subject to one or more than one condition following an application for permission to develop the maritime site the subject of the relevant notice in a manner consistent with the other development identified in the notice.

460. Special provision for structures substantially replacing structures demolished or destroyed by fire, etc.

460. (1) Nothing in this Part, in so far as this Part relates to the maritime area, shall prevent compensation being paid—

(b) where a proposed new structure referred to in paragraph (a) is granted permission but subject to a condition in consequence of which—

(i) the new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

Chapter 6

461. Application

461. A reference in this Chapter to an occupier of a maritime site only includes an occupier who falls within subparagraph (i) of paragraph (b) of the definition of “occupier” if permission has been granted to develop the maritime site the subject of the maritime area consent referred to in that subparagraph.

462. Compensation where permission revoked or modified

462. (1) Where a grant of permission to develop a maritime site has been revoked or modified by a planning authority or on appeal by the Commission—

(a) if, on a claim made to the planning authority, it is shown that the owner or occupier of the maritime site has incurred expenditure or entered into a contract to incur expenditure in respect of works which are rendered abortive by the revocation or modification, the planning authority shall pay to that owner or occupier, as the case may be, compensation in respect of that expenditure or contract, and

(b) this Part, in so far as this Part relates to the maritime area, shall apply in relation to the decision—

(i) where it revoked the permission, as they apply in relation to a refusal of permission to develop a maritime site, and

(ii) where it modified the permission by the imposition of one or more than one condition, as they apply in relation to a grant of permission to develop a maritime site subject to one or more than one condition.

(3) This section shall apply to an order made under section 150 subject to—

(a) the modification that references to planning authority shall be construed as references to the Minister, and

(b) any other necessary modifications.

463. Compensation regarding removal or alteration of structure on maritime site

463. If, on a claim made to the planning authority or Maritime Area Regulatory Authority, as appropriate, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice served by it under section 258, the value of an interest of any person in the structure existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his or her enjoyment of the structure, that person shall, subject to the other provisions of this Part, in so far as this Part relates to the maritime area, be entitled to be paid by the planning authority or Maritime Area Regulatory Authority, as the case may be, by way of compensation the amount of the reduction in value or the amount of the damage.

464. Compensation regarding discontinuance of use of maritime site

464. (1) Subject to subsections (2) and (3), if, on a claim made to the planning authority or Maritime Area Regulatory Authority, as appropriate, it is shown that, as a result of the discontinuance or the compliance with one or more than one condition on the continuance of any use of a maritime site consequent upon a notice served by it under section 258, the value of an interest of any person in the maritime site existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the maritime site at that time has suffered damage by being disturbed in his or her enjoyment of the maritime site, that person shall, subject to the other provisions of this Part, be entitled to be paid by the planning authority or Maritime Area Regulatory Authority, as the case may be, by way of compensation the amount of the reduction in value or the amount of the damage.

(2) No compensation shall be paid under this section in relation to a reduction in value or damage resulting from the imposition of one or more than one condition under section 258 on the continuance of the use of the maritime site, being conditions imposed in order to avoid or reduce serious pollution or the danger of such pollution.

(3) Subsection (1) shall not apply where the use of a maritime site is for the exhibition of advertising unless at the time of the discontinuance or compliance, the maritime site has been used for the exhibition of advertising for more than 5 years, whether the use was continuous or intermittent or whether or not, while the maritime site was being so used, advertising was exhibited at the same place on the maritime site.

465. Compensation regarding cables, wires and pipelines

465. If, on a claim made to the planning authority, it is shown that, as a result of a planning authority exercising its powers pursuant to section 276 and the rights and obligations arising therefrom, the value of an interest of any person in the maritime site existing at the time of the action of the planning authority is reduced, or that any person having an interest in the maritime site at that time has suffered damage by being disturbed in his or her enjoyment of the maritime site or structure, that person shall, subject to the other provisions of this Part, in so far as this Part relates to the maritime area, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

466. Compensation regarding creation of public rights of way

466. If, on a claim made to the planning authority, it is shown that the value of an interest of any person in a maritime site, being a maritime site over which a public right of way has been created by an order under section 269 made by that authority, is reduced, or that any person having an interest in the maritime site has suffered damage by being disturbed in his or her enjoyment of the maritime site in consequence of the creation of the public right of way, that person shall, subject to the other provisions of this Part, in so far as this Part relates to the maritime area, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

467. Compensation regarding entry on maritime site

467. If, on a claim made to the planning authority, the Maritime Area Regulatory Authority or the Commission, as appropriate, it is shown that, as a result of anything done under section 394 or 395 by virtue of the lawful entry onto a maritime site by an authorised person of a local authority, Maritime Area Regulatory Authority or the Commission, any person having an interest in the maritime site has suffered damage, the person shall, subject to the other provisions of this Part, in so far as this Part relates to the maritime area, be entitled to be paid by the planning authority, the Maritime Area Regulatory Authority or the Commission, as the case may be, by way of compensation the amount of the damage.

Chapter 7

468. Application

468. This Chapter applies to any claim for compensation made under Chapter 5 or 6.

469. Time limits

469. (1) Subject to subsection (2), a claim for compensation under this Part, in so far as this Part relates to the maritime area, shall be made not later than 6 months after—

(a) in the case of a claim under section 456, the date of the notification of the decision of the Commission to refuse permission or to grant permission subject to one or more than one condition,

(b) in the case of a claim under section 462, the date of the decision of the planning authority or the Commission, as the case may be,

(c) in the case of a claim under section 463, the date of the decision of the Commission to confirm a notice sent under section 258, with or without modifications, to require the demolition or removal or alteration or replacement of a structure,

(d) in the case of a claim under section 464, the date of the decision of the Commission to confirm a notice sent under section 258, with or without modifications, to require the discontinuance of any use or to impose one or more than one condition on the continuance of a use,

(e) in the case of a claim under section 465, the date on which (if consent is given) the owner of the maritime site gives consent pursuant to subsection (5) of section 276 or (if consent is not given) the date on which the Commission makes an order under subsection (6) of section 276,

(f) in the case of a claim under section 466, the date on which an order creating a public right of way comes into effect, and

(g) in the case of a claim under section 467, the date on which the damage is suffered.

(2) The High Court may, where it considers that the interests of justice so require and where there is good and sufficient reason, extend the period within which a claim for compensation under this Part, in so far as this Part relates to the maritime area, may be brought, upon application being made to it in that behalf.

470. Determination of claim for compensation

470. (1) Where a valid claim for compensation is made, it shall be determined by the planning authority or Maritime Area Planning Authority, as appropriate, within 3 months of the receipt of the claim for compensation unless the matter is referred to arbitration.

(2) A claim for compensation under this Part, in so far as this Part relates to the maritime area, shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919, but subject to—

(a) Part 2 of Schedule 6 where the claim is in respect of a reduction in the value of an interest in a maritime site, and

(b) the proviso that the arbitrator shall have jurisdiction to make a nil award.

(3) The determination—

(a) by a planning authority or the Maritime Area Regulatory Authority, as appropriate, or

(b) in the absence of agreement between the planning authority, the Maritime Area Regulatory Authority or the Commission, as appropriate, and the claimant, by the property arbitrator,

of a claim for compensation shall be conducted in accordance with Part 2 of Schedule 6.

(4) The Minister may make regulations to provide for—

(a) the form in which claims for compensation are to be made,

(b) the provision by a claimant of evidence in support of his or her claim, and information as to his or her interest in the maritime site to which the claim relates,

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him or her) having an interest in the maritime site to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or Maritime Area Regulatory Authority, as appropriate (or, as the case may be, the Commission) or the claimant of every other person (if any) appearing to it or him or her to have an interest in the maritime site, and

(d) the requisition of further additional evidence or information to support the claim.

471. Double compensation

471. (1) (a) Where a valid claim for compensation is made under this Part, in so far as this Part relates to the maritime area, to the relevant planning authority and compensation is agreed or, in default of agreement, is determined by arbitration, the claimant shall not be entitled to compensation under any other enactment.

(2) Where more than one valid claim for compensation is made to the relevant planning authority or Maritime Area Regulatory Authority, as appropriate, any award of compensation must be determined by reference to the claimant’s specific interest and the extent of the loss or damage suffered by that claimant.

472. Recovery of compensation

472. (1) All compensation payable under this Part, in so far as this Part relates to the maritime area, by the planning authority or Maritime Area Regulatory Authority, as appropriate, (or, as the case may be, the Commission) shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Part, be recoverable from the planning authority or Maritime Area Regulatory Authority (or, as the case may be, the Commission) as a simple contract debt in any court of competent jurisdiction.

(2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as the costs and expenses are payable by the planning authority or Maritime Area Regulatory Authority, as appropriate (or, as the case may be, the Commission), be recoverable from the planning authority or Maritime Area Regulatory Authority (or, as the case may be, the Commission) as a simple contract debt in any court of competent jurisdiction.

473. Registration of compensation

473. (1) Where, on a claim for compensation under this Part, in so far as this Part relates to the maritime area, compensation has become payable, either by agreement between the planning authority or Maritime Area Regulatory Authority, as appropriate (or, as the case may be, the Commission) and claimant or following the arbitration process, the planning authority or Maritime Area Regulatory Authority (or, as the case may be, the Commission) shall prepare and retain a statement of that fact, specifying the basis for the claim for compensation, the dates when the claim for compensation was received and determined and the amount of the compensation which is agreed between the planning authority or Maritime Area Regulatory Authority (or, as the case may be, the Commission) and claimant or determined in the arbitration process.

(2) Particulars of a statement under this section prepared by a planning authority, the Maritime Area Regulatory Authority or the Commission shall be entered in the register not later than 2 weeks after the day on which the statement is prepared.

474. Recovery by planning authority of compensation subsequent to development

474. (1) No person shall carry out any development to which this section applies in the maritime area, in respect of which a statement (in this section referred to as the “compensation statement”) stands registered (whether under section 72 of the Act of 1963, section 9 of the Act of 1990, section 188 of the Act of 2000 or section 473) until that amount, as is recoverable under this section in respect of the compensation specified in the compensation statement, has been paid or secured to the satisfaction of the planning authority or Maritime Area Regulatory Authority, as appropriate.

(2) This section applies to any development (other than exempted development), except that—

(a) this section shall not apply to any development by virtue of a permission to develop a maritime site granted subject to one or more than one condition other than a condition of a class or description set out in Part 2 of Schedule 5, and

(b) in a case where the compensation specified in the statement became payable in respect of the imposition of one or more than one condition on the granting of permission to develop a maritime site, this section shall not apply to the development for which that permission was granted.

(3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the maritime site on which the development is to be carried out (in this section referred to as the “development area”) is identical with, or includes (with other maritime sites), the whole of the maritime sites comprised in the compensation statement, shall be the amount of compensation specified in that statement, or

(b) if the development area forms part of the maritime sites comprised in the compensation statement, or includes part of those sites together with other maritime sites not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to the maritime sites comprised in that statement and falling within the development area.

(4) The attribution of compensation under paragraph (b) of subsection (3) shall be in accordance with the following—

(a) the planning authority or Maritime Area Regulatory Authority, as appropriate, shall (if it appears to it to be practicable to do so) apportion the amount of the compensation between the different parts of the maritime site, according to the way in which those parts appear to it to be differently affected by the refusal of permission or grant of permission subject to one or more than one condition,

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the maritime site to which the statement relates,

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment, as between the different parts of the maritime site by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the maritime site shall be treated as distributed rateably according to area over that part of the maritime site, and

(5) Where, in connection with the development of any maritime site, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, no amount shall be recoverable, in so far as it is attributable to that maritime site, in connection with any subsequent development thereof.

(6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority or the Maritime Area Regulatory Authority, as appropriate, and—

(a) shall be so payable, either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority or the Maritime Area Regulatory Authority, as the case may be, may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(7) If any person initiates any development to which this section applies in contravention of subsection (1), the planning authority or the Maritime Area Regulatory Authority, as appropriate, may serve a notice upon him or her specifying the amount appearing to it to be the amount recoverable under this section in respect of the compensation in question and requiring him or her to pay that amount to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within such period, not being less than 12 weeks after the service of the notice, as may be specified in the notice, and, in default of the amount being paid to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

475. Restriction on assignment

475. A person shall not be entitled to assign to any other person all or any part of any prospective compensation under this Part, in so far as this Part relates to the maritime area, and every purported assignment or promise, express or implied, to pay any other person any money in respect of any such compensation is void.

PART 16 Events and Funfairs

476. Interpretation

476. (1) In this Part—

“certificate of safety” has the meaning assigned to it by section 487, and includes a certificate of safety granted under regulations under subsection (5) of section 239 of the Act of 2000 in force immediately before the repeal of the said section 239 by section 6;

“event” means—

(a) a public performance that—

(i) takes place wholly or mainly in—

(I) the open air,

(II) a structure with no roof or a partial, temporary or retractable roof, or

(III) a tent or other similar temporary structure,

and

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