Planning and Development Act 2024
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Compensation where permission revoked or modified | ||
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462. (1) Where a grant of permission to develop a maritime site has been revoked or modified by a planning authority or on appeal by the Commission— | ||
(a) if, on a claim made to the planning authority, it is shown that the owner or occupier of the maritime site has incurred expenditure or entered into a contract to incur expenditure in respect of works which are rendered abortive by the revocation or modification, the planning authority shall pay to that owner or occupier, as the case may be, compensation in respect of that expenditure or contract, and | ||
(b) this Part, in so far as this Part relates to the maritime area, shall apply in relation to the decision— | ||
(i) where it revoked the permission, as they apply in relation to a refusal of permission to develop a maritime site, and | ||
(ii) where it modified the permission by the imposition of one or more than one condition, as they apply in relation to a grant of permission to develop a maritime site subject to one or more than one condition. | ||
(2) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission. | ||
(3) This section shall apply to an order made under section 150 subject to— | ||
(a) the modification that references to planning authority shall be construed as references to the Minister, and | ||
(b) any other necessary modifications. |