(1) In this
section —
“owner” means a person registered as a
proprietor of freehold land.
(2) If an application
for approval is made under this Part by the owner of land, other than a public
authority, and the Minister —
(a)
refuses approval of a development;
(b)
approves a development in a modified form; or
(c)
approves a development (including an approval referred to in
paragraph (b)) subject to any condition or restriction that is
unacceptable to the applicant,
the owner may obtain
compensation for injurious affection from the Trust.
(3) If a claim for
compensation may be brought under subsection (2), no claim lies under the
Planning and Development Act 2005 section 177(1)(b).
(4) A claim under
subsection (2) must be made to the Trust in the prescribed form not later
than 6 months after the day on which the Minister’s decision is
notified to the applicant.
(5) Compensation is
not payable under this section if payment has been made for the same, or
substantially the same, injurious affection under the
Planning and Development Act 2005 section 177(1)(a).
(6) The amount of
compensation under subsection (2) must not exceed the difference
between —
(a) the
value of the land as affected by the Minister’s decision; and
(b) the
value of the land as not so affected,
as at the time when
the Minister’s decision is made.
(7) Any question as to
whether any land is injuriously affected and as to the amount and manner of
payment of the sum which is to be paid as compensation under this section is
to be determined by arbitration under and in accordance with the
Commercial Arbitration Act 1985 , unless the parties agree on some other
method of determination.
(8) Instead of paying
compensation, the Trust may purchase the land affected by the Minister’s
decision.
(9) The
Planning and Development Act 2005 sections 180, 187 and 188 apply
for the purposes of this section, with all necessary changes, as if references
in that section to the Commission were references to the Trust.
(10) This section
applies to a decision of the Trust under section 85 as if references in
this section to the Minister were references to the Trust.