Planning and Development Act 2024

• Permanent Page URL

Notices preventing compensation

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(a) the notice is withdrawn by the planning authority,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(5) Where a relevant notice is withdrawn, or annulled under subsection (7), the reasons for such withdrawal or annulment, as the case may be, shall be provided by the planning authority and placed on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