F2rep. with saving by 2001 c. 2 (NI)
(1)Subject to this Part, compensation shall be payable under this Part in respect of, and only in respect of, a compensatable estate subsisting in land which is the subject of a planning decision, given on an application for planning permission made after 25th February 1963, whereby planning permission for the carrying out of any new development is refused, or is granted subject to conditions, if at the time of the decision—
(a)the land to which the decision relates has a balance of development value; and
(b)the value of that compensatable estate, or, in the case of a compensatable estate extending to other land, the value of that compensatable estate in so far as it subsists in such land as is referred to in paragraph ( a), is depreciated by the decision; and
(c)compensation under the Act of 1944 has not been paid and is not payable in respect of the planning decision.
(2)Subsection (1) shall not apply in relation to a compensatable estate to which at the date of the planning decision in question a public body are entitled unless the compensatable estate subsists in land specified in regulations made under section 4 or land of a class or description so specified.
F3rep. with saving by 2001 c. 2 (NI)