Planning and Development Act 2024
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Compensation regarding discontinuance of use of land | ||
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441. (1) Subject to subsections (2) and (3), if, on a claim made to the planning authority, it is shown that, as a result of the discontinuance or the compliance with one or more than one condition on the continuance of any use of land consequent upon a notice served by it under section 258 , the value of an interest of any person in the land existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his or her enjoyment of the land, that person shall, subject to the other provisions of this Part, in so far as this Part relates to land, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage. | ||
(2) No compensation shall be paid under this section in relation to a reduction in value or damage resulting from the imposition of one or more than one condition under section 258 on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious pollution or the danger of such pollution. | ||
(3) Subsection (1) shall not apply where the use of land is for the exhibition of advertising unless at the time of the discontinuance or compliance, the land has been used for the exhibition of advertising for more than 5 years, whether the use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land. |