PLANNING AND DEVELOPMENT ACT 2024

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• (a) the notice is withdrawn by the planning authority,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

• (c) the notice is annulled in accordance with subsection (7).

• (5) Where a relevant notice is withdrawn, or annulled under subsection (7), the reasons for such withdrawal or annulment, as the case may be, shall be provided by the planning authority and placed on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

or

• (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 Compensation on Other Grounds — Land

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 General Provisions Applicable to Claims under Chapters 1 and 2 — Land

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 Definitions – Maritime Area

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 Compensation for Refusal of Permission or Grant of Permission Subject to Conditions – Maritime Area

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,

• (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 2 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 the maritime site of any unauthorised structure, or

• (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.

• (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 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

• (c) the notice is annulled in accordance with subsection (7).

• (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 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),

or

• (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—

• (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 6 Compensation on Other Grounds – Maritime Area

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.

• (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.

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 General Provisions Applicable to Claims under Chapters 5 and 6 – Maritime Area

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.

• (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 the maritime area.

• (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

• (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 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

• (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 or the Maritime Area Regulatory Authority, as the case may be, may direct.

• (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

• (ii) is comprised of music, dancing, displays of public entertainment or any activity of a like kind,

or

• (b) an activity or an activity of a class that is prescribed under section 477;

“fairground equipment” includes—

• (a) any fairground ride or any similar equipment which is designed to be in motion for entertainment purposes with members of the public on or inside it,

• (b) any equipment which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon,

• (c) any swings, dodgems and other equipment which is designed to be in motion wholly or partly under the control of, or to be put in motion by a member of the public, or

• (d) any equipment that may be prescribed under paragraph (a) of subsection (3) of section 487;

“funfair” means an entertainment where fairground equipment is used;

“licence” means a licence granted by a local authority under section 479.

• (2) References in this Part to “a person who owns fairground equipment” shall be construed as including references to a person having an interest in the fairground equipment whether by rent, lease or other agreement.

477. Prescription of activity as event

477. The Minister may prescribe an activity or class of activities that—

• (a) the public have access to, and

• (b) 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,

to be an event.

478. Obligation to obtain licence for holding of event

478. (1) A person, other than a local authority, shall not hold an event that is prescribed to be an event or class of event for the purposes of this section except under and in accordance with a licence.

• (2) The Minister may prescribe an event or class of event for the purposes of this section, having regard to:

• (a) the size of the event;

• (b) the location of the event;

• (c) the nature of the event;

• (d) any other features of the event that the Minister considers relevant.

• (3) A person, other than a local authority, who—

• (a) organises, promotes, holds or is otherwise materially involved in the organisation of an event to which this section applies, or

• (b) is in control of land on which an event to which this section applies is held,

other than under and in accordance with a licence, shall be guilty of an offence.

479. Licence

479. (1) A person (in this section referred to as “the applicant”) may make an application to a local authority for a licence to hold an event in such manner as may be prescribed under this section.

• (2) A local authority, on receipt of an application under subsection (1), shall consider the application in accordance with regulations made under this section.

• (3) The Minister may make regulations for the purposes of subsections (1) and (2), which regulations may make provision for any of the following:

• (a) requirements in relation to the holding, when requested by the applicant and prior to that applicant making an application, of a meeting between the applicant and the local authority;

• (b) a requirement for the applicant, prior to the applicant making an application to hold an event of such class or classes of events as may be prescribed, to request a meeting with the local authority, and the requirements in relation to the holding of such a meeting;

• (c) a requirement for the publication by the applicant of a notice of the applicant’s intention to make an application;

• (d) a requirement for the notification by the applicant of such persons as may be specified of the applicant’s intention to make an application;

• (e) the form and content of an application;

• (f) the fee, payable to the local authority, that is to accompany an application and the provision of different fees to accompany applications in respect of different events or classes of events prescribed under subsection (2) of section 478;

• (g) the plans, documents and information to be submitted with an application;

• (h) the persons that shall be consulted in relation to an application;

• (i) the making of submissions or observations within a prescribed time and the fee (if any), payable to the local authority, that is to accompany such submissions or observations;

• (j) a requirement on the applicant to submit any further information, including information in relation to a European site, with respect to his or her application where required by the local authority to do so;

• (k) the time within which a decision on an application shall be made;

• (l) any other matter that the Minister considers appropriate.

• (4)
• (a) Where an application for a licence is made in accordance with subsection (1), the local authority may decide to—

• (i) grant the licence,

• (ii) grant the licence subject to such conditions as it considers appropriate, or

• (iii) refuse the licence.

• (b) In considering an application for a licence under this section, the local authority shall have regard to—

• (i) any information relating to the application furnished to it by the applicant in accordance with regulations made under paragraph (e), (g) or (j) of subsection (3),

• (ii) any consultations in accordance with regulations made under paragraph (h) of subsection (3),

• (iii) any submissions made to it in accordance with regulations made under paragraph (i) of subsection (3),

• (iv) whether events have previously been held on the land concerned,

• (v) the matters referred to in subsection (5), and

• (vi) any guidelines or codes of practice issued under section 480 by the Minister or by any other Minister of the Government.

• (5) Without prejudice to the generality of paragraph (a) of subsection (4), but subject to subsection (6), conditions subject to which a licence is granted may relate to all or any of the following:

• (a) compliance with any guidelines or codes of practice issued by the Minister or any other Minister of the Government, or with any provisions of those guidelines or codes of practice;

• (b) securing the safety of persons at the place in connection with the event;

• (c) the provision of adequate facilities for the health and welfare of persons at the place in connection with the event, including the provision of sanitary facilities;

• (d) the protection of the environment in which the event is to be held, including the control of litter;

• (e) the maintenance of public order;

• (f) the avoidance or minimisation of disruption to the neighbourhood in which the event is to take place;

• (g) ensuring the provision of adequate means of transport (including public transport) to and from the place in which the event is to be held;

• (h) the number of events which are permitted at the venue within a specified period not exceeding one year;

• (i) the payment of a financial contribution to the local authority of a specified amount or an amount calculated on a specified basis towards the estimated cost to the local authority of measures taken by the local authority in connection with the event;

• (j) the payment of a financial contribution to a person consulted in accordance with regulations made under paragraph (h) of subsection (3) of a specified amount, or an amount calculated on a specified basis, towards the estimated cost to that person of measures taken by the person in connection with the event;

• (k) maintaining public liability insurance;

• (l) the display of a notice for persons attending the event as to their obligations and required conduct at the event.

• (6) Conditions referred to in paragraphs (i) or (j) of subsection (5) requiring the payment of a financial contribution may relate only to an event that is held wholly or mainly for profit.

• (7) A person shall not be entitled solely by reason of a licence under this section to hold an event.

480. Codes of practice in relation to events

480. (1) The Minister or any other Minister of the Government may draw up and issue a code of practice for the purpose of providing practical guidance with respect to any of the requirements of this Part.

• (2) The Minister or any other Minister of the Government, as appropriate, shall, before issuing a code of practice under this section, consult any other Minister of the Government, or other person, that appears to that Minister to be appropriate.

481. Service of notice in relation to events

481. (1) Where a local authority has reason to believe that a person is holding or likely to hold in the functional area of the local authority an event—

• (a) without a licence, or

• (b) in contravention of the terms of such a licence,

the authority may serve a notice under this section on the person.

• (2) A notice under this section may require the person on whom it is served to comply with any or all of the following requirements:

• (a) that he or she immediately cease the event to which the notice relates;

• (b) that he or she immediately cease or alter any preparations which have been or are being made in relation to the event to which the notice relates;

• (c) that he or she remove, within a specified time, any temporary buildings, structures, plant, machinery or other materials from land that the local authority believes is being or is intended to be used as the location of the event to which the notice relates;

• (d) that he or she restore, within a specified time, the land on which the local authority believes the event to which the notice relates is being held or intended to be held to its condition before the event, or preparations made or being made for the event, took place.

• (3) A person who fails to comply with the requirements of the notice served under subsection (1) shall be guilty of an offence.

482. General obligations with regard to safety at events

482. (1) A person to whom a licence is granted shall take such care as is reasonable in the circumstances to ensure that members of the public who are on the land in connection with the event concerned do not suffer injury or damage by reason of any danger arising out of the event or associated activities, having regard to—

• (a) the care that a member of the public who is attending the event may reasonably be expected to take for his or her own safety, and