Planning and Development Act 2024
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Right to compensation | ||
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456. (1) Subject to the other provisions of this Part in so far as this Part relates to the maritime area, where a decision (in this subsection referred to as the “relevant decision”) is made by the Commission, on appeal from a decision of a planning authority or on an application made to the Commission in the first instance, either— | ||
(a) to refuse permission, or | ||
(b) to grant permission subject to one or more than one condition, | ||
the owner of a maritime site, or the occupier of a maritime site, to which the relevant decision relates shall, where it results, at the date of such decision, in a reduction in the value of such ownership or damage to the occupier, as the case may be, on a claim made to the planning authority, be entitled to be paid by the planning authority, by way of compensation, an amount calculated in accordance with subsection (1) or (2), as the case may be, of section 457 . | ||
(2) Compensation shall not be payable under subsection (1) in respect of the refusal of permission, or the grant of permission subject to one or more than one condition, for any development— | ||
(a) of a class or description set out in Part 2 of Schedule 3 , | ||
(b) in the case of the refusal of permission, where the reason, or one or more than one of the reasons, for such refusal is a reason set out in Part 2 of Schedule 4 , | ||
(c) in the case of the refusal of permission, where such refusal is based on any change of the maritime usages of the maritime site concerned as a result of— | ||
(i) the making of a new maritime spatial plan, | ||
(ii) the variation of an existing maritime spatial plan, or | ||
(iii) the preparing, making, amending or revoking of a designated maritime area plan, | ||
(d) in the case of the grant of permission subject to one or more than one condition, such grant being subject to one or more than one condition of a class or description set out in Part 2 of Schedule 5 , | ||
(e) in the case of the refusal of permission or the grant of permission subject to one or more than one condition, such refusal or grant, as the case may be, relating to the retention on the maritime site of any unauthorised structure, or | ||
(f) where a notice preventing compensation is served and has the effect of preventing compensation in accordance with section 459 . |