S.I. No. 217/1964 - Local Government (Planning and Development) Act, 1963, (Compensation) Regulations, 1964.

S.I. No. 217 of 1964.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, (COMPENSATION) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 67 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) hereby makes the following Regulations :—

1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 , (Compensation) Regulations, 1964.

2. In these Regulations—

" the Act " means the Local Government (Planning and Development) Act, 1963 ;

" the Minister " means the Minister for Local Government.

3. (1) Every claim for compensation under Part VI of the Act shall be made to the planning authority in writing and shall include the following :—

(a) a statement of the matter in respect of which compensation is claimed and of the amount of such compensation,

(b) a statement of the name and address of the claimant and of the interest held by him in the land to which the claim relates,

(c) a statement of the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect, and

(d) where the claim is made under section 66 of the act, a map so marked and of such a scale as to delineate clearly the land to which the claim relates.

(2) Where a planning authority receive a claim for compensation under Part VI of the Act which fails to comply with any requirement of sub-article (1) of this article the planning authority may, and it the failure relates to the requirements of paragraph (c) of that sub-article shall, require the claimant to comply with such requirement and the planning authority may defer consideration of the claim until he has complied with such requirement.

4. (1) Within one month of the receipt by a planning authority of a claim for compensation under the Act, or within one month of compliance with a requirement under article 3 of these Regulations the planning authority shall give notice to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.

(2) Every such notice shall state the name and address of the claimant, the matter in respect of which the claim is made, the land to which the claim relates and the date after which a further claim for compensation in relation to such matter cannot be made or can be made only where the time for making such a claim is extended by the Circuit Court.

(3) Where more than one claim for compensation under the Act in respect of the same matter has been received by a planning authority the provisions of sub-article (1) of this article shall not apply in respect of such persons as are claimants or have already been given notice of a claim in respect of that matter under that sub-article.

5. Where a claim for compensation under the Act is made the planning authority may require the claimant to provide evidence in support of his claim and information as to his interest in the land to which the claim relates and may defer consideration of the claim until he has complied with such requirement.

6. Where an application is made to the Minister under section 58 of the Act for an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 of the act or of section 57 of the Act—

(a) the applicant shall submit to the Minister a statement of his interest in the land to which the application relates and of the reasons why in the particular circumstances such an order should be made,

(b) the planning authority shall send to the Minister such documents and information relevant to the application and in their possession or procurement as the Minister may require, and

(c) the applicant shall send to the Minister such documents and information relevant to the application and in his possession or procurement as the Minister may require.

GIVEN under the Official Seal of the Minister for Local Government this seventh day of September, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe matters of procedure in relation to claims for compensation under the Local Government (Planning and Development) Act, 1963 .