|
|
|
Special provision for structures substantially replacing structures demolished or destroyed by fire, etc.
|
| |
460. (1) Nothing in this Part, in so far as this Part relates to the maritime area, shall prevent compensation being paid—
|
|
| |
(a) in respect of the refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed (including by fire) save where it was demolished or destroyed by an unlawful act, of either the owner, or of the occupier with the agreement of the owner, carried out within the 2 years immediately preceding the date of application for permission, or
|
|
| |
(b) where a proposed new structure referred to in paragraph (a) is granted permission but subject to a condition in consequence of which—
|
|
| |
(i) the new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or
|
|
| |
(ii) the new structure or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.
|
|
| |
(2) A dispute between the planning authority and claimant as to whether a new structure referred to in paragraph (a) of subsection (1) would or does replace substantially a demolished or destroyed structure (other than an unauthorised structure) may be referred, by the planning authority or claimant, to the Commission for determination.
|
