Planning and Development Act 2024
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Determination of claim for compensation | ||
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448. (1) Where a valid claim for compensation is made, it shall be determined by the planning authority within 3 months of the receipt of the claim for compensation unless the matter is referred to arbitration. | ||
(2) A claim for compensation under this Part, in so far as this Part relates to land, shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 , but subject to— | ||
(a) Part 1 of Schedule 6 where the claim is in respect of a reduction in the value of an interest in land, and | ||
(b) the proviso that the arbitrator shall have jurisdiction to make a nil award. | ||
(3) The determination— | ||
(a) by a planning authority, or | ||
(b) in the absence of agreement between the planning authority or the Commission, as may be appropriate, and the claimant, by the property arbitrator, | ||
of a claim for compensation shall be conducted in accordance with Part 1 of Schedule 6 . | ||
(4) The Minister may make regulations to provide for— | ||
(a) the form in which claims for compensation are to be made, | ||
(b) the provision by a claimant of evidence in support of his or her claim, and information as to his or her interest in the land to which the claim relates, | ||
(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him or her) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority (or, as the case may be, the Commission) or the claimant of every other person (if any) appearing to it or him or her to have an interest in the land, and | ||
(d) the requisition of further additional evidence or information to support the claim. |