Planning and Development Act 2024
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Property arbitrator | ||
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251. (1) A property arbitrator appointed under section 2 of the Property Values (Arbitrations and Appeals) Act 1960 , shall, in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 , in default of agreement, fix any one or more of the following where appropriate: | ||
(a) the number and price of houses to be transferred under paragraph (a), (b), (d) or (e) of subsection (2) of section 247 ; | ||
(b) in the case of an agreement referred to in paragraph (c) of subsection (2) of section 247 , the number of houses subject to, and the rent payable under, such an agreement; | ||
(c) the compensation payable under section 250 by a planning authority to the owner of land; | ||
(d) the payment of an amount to the planning authority under an agreement referred to in paragraph (d) or (e) of subsection (2) of section 247 . | ||
(2) For the purpose of determining any matter in subsection (1), the property arbitrator appointed shall have regard to any material difference between the houses in terms of size and location within the development. | ||
(3) In selecting the type of sites and houses to be transferred, the property arbitrator shall have regard to the reasonable requirements of the planning authority as to the type of accommodation which it needs to supply for the purposes of paragraphs (i) to (iii) of subsection (10) of section 242 . | ||
(4) For the purposes of subsection (1), subsection (2) of section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 shall not apply and the property arbitrator shall calculate the value of the land based on its existing use value. | ||
(5) The property arbitrator appointed shall determine the matter as soon as practicable. |