Planning and Development Act 2024
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Compensation regarding discontinuance of use of maritime site | ||
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464. (1) Subject to subsections (2) and (3), if, on a claim made to the planning authority or Maritime Area Regulatory Authority, as appropriate, 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 a maritime site consequent upon a notice served by it under section 258 , the value of an interest of any person in the maritime site existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the maritime site at that time has suffered damage by being disturbed in his or her enjoyment of the maritime site, that person shall, subject to the other provisions of this Part, be entitled to be paid by the planning authority or Maritime Area Regulatory Authority, as the case may be, 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 the maritime site, 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 a maritime site is for the exhibition of advertising unless at the time of the discontinuance or compliance, the maritime site 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 maritime site was being so used, advertising was exhibited at the same place on the maritime site. |