Local Government (Planning and Development) Act, 1963

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FOURTH SCHEDULE.

Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919.

Section 69 .

(7) In the case of a compulsory acquisition of buildings, the reference in Rule (5) to the reasonable cost of equivalent reinstatement shall be taken as a reference to that cost not exceeding the estimated cost of buildings such as would be capable of serving an equivalent purpose over the same period of time as the buildings compulsorily acquired would have done, having regard to any structural depreciation in those buildings.

(8) The value of the land shall be calculated with due regard to any restrictive covenant entered into by the acquirer when the land is compulsorily acquired.

(9) Regard shall be had to any restriction on the development of the land in respect of which compensation has been paid under the Local Government (Planning and Development) Act, 1963.

(10) Regard shall be had to any restriction on the development of the land which could, without conferring a right to compensation, be imposed under any Act or under any order, regulation, rule or bye-law made under any Act.

(11) Regard shall not be had to any depreciation or increase in value attributable to—

(a) the land, or any land in the vicinity thereof, being reserved for any particular purpose in a development plan, or

(b) inclusion of the land in a special amenity area order.

(12) No account shall be taken of any value attributable to any unauthorised structure or unauthorised use.

(13) No account shall be taken of—

(a) the existence of proposals for development of the land or any other land by a local authority, or

(b) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by a local authority.

(14) Regard shall be had to any contribution which a planning authority would have required as a condition precedent to the development of the land.

(15) In Rules (9), (10), (11), (12), (13) and (14) “development”, “development plan”, “special amenity area order”, “unauthorised structure”, “unauthorised use”, “local authority” and “the appointed day” have the same meanings respectively as in the Local Government (Planning and Development) Act, 1963.

(16) In the case of land incapable of reasonably beneficial use which is purchased by a planning authority under section 29 of the Local Government (Planning and Development) Act, 1963, the compensation shall be the value of the land exclusive of any allowance for disturbance or severance.