No allowance shall be made on account of the acquisition being compulsory:

The value of land shall, subject to rules 3 to 6, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise:

The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any authority possessing compulsory acquisition powers:

Where the value of the land is increased by reason of the use of it or of any premises on it in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to the public health, the amount of that increase shall not be taken into account:

Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, where reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement:

The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land.

of any depreciation in the value of the land which is attributable to the fact that (whether by way of designation, allocation or other particulars contained in any scheme or plan or by any other means) an indication has been given that the land is, or is likely to be, acquired by an authority possessing compulsory acquisition powers;

of any increase or diminution in the value of the land which is attributable to the carrying out, or the prospect of the carrying out, of so much of any development on the land or on other land which has been, or is being or is proposed to be acquired (whether compulsorily or other wise) for the purposes of the same scheme or project of development for which the land is being or has been acquired, as would not have been likely to have been, or to be, carried out if the acquiring authority had not acquired or did not propose to acquire that land or that other land;

in a case where the land forms part of an area designated as the site of a new town by an order under the New Towns Act (Northern Ireland) 1965F1, of any increase or diminution in the value of the land which is attributable to the carrying out, of so much of any development on the land or on other land in that area in the course of the development of that area as a new town, as would not have been likely to have been, or to be, carried out if the area had not been so designated;

F2in a case where, on the date on which the vesting order is made, the land is subject to a tenancy, of any increase or diminution in the value of the land which is attributable to, or to the prospect of, the tenant giving up possession in consequence of being provided with other accommodation under Article 40(1)(a) of the 1973 Order (duty to rehouse residential occupiers where land acquired by authority possessing compulsory acquisition powers);

of the fact that the Housing Executive has provided, or undertakes to provide or arrange for the provision of residential accommodation under any statutory provision for the person entitled to the compensation.

“development” in paragraph (2)(b) and (c) includes any building operations or rebuilding operations and any use of the land or any building upon the land for a purpose which is different from the purpose for which the land or building was last being used;

the reference in paragraph (2)(d) to land being subject to a tenancy on the date on which the vesting order is made includes a reference to land which would have been subject to a tenancy on that date if the tenant had not given up occupation of a dwelling as mentioned in Article 30(3) of the 1973 Order (deemed displacement in consequence of compulsory acquisition of interest in dwelling where, in certain circumstances, person displaced gives up occupation by arrangement); and

“ the 1973 Order” in paragraph (2)(d) and this paragraph means the Land Acquisition and Compensation (Northern Ireland) Order 1973.

on the date on which he gives up possession he has attained the age of sixty; and

on that date the land is or forms part of a hereditament the annual value of which does not exceed the prescribed amount; and

that person has not disposed of the goodwill of the whole of the trade or business and gives to the acquiring authority the undertakings mentioned in paragraph (3),

an undertaking that he will not dispose of the goodwill of the trade or business or, as the case may be, of the part of the goodwill of that trade or business which he has retained; and

an undertaking that he will not, within such area and for such time as the acquiring authority may require, directly or indirectly engage in or have any interest in any other trade or business of the same or substantially the same kind as that carried on by him on the land acquired.

as if the undertaking mentioned in paragraph (3) (b) were required to be given both by the company and by each shareholder.

unconditionally or subject to conditions, or

in respect of the land in question taken by itself or in respect of an area including that land,

the interest is to be compulsorily acquired for purposes which involve the carrying out of proposals of the acquiring authority for development of the land in which the interest subsists or part of it, and

on the date on which the vesting order becomes operative there is not in force planning permission for that development,

is development for the purposes of that use of that land or that part of it; and

is development for which planning permission might reasonably have been expected to be granted in respect of that land or that part of it as the case may be.

is development for the purposes of a use of that land or that part of it, being a use falling within that range of uses; and

is development for which planning permission might reasonably have been expected to be granted in respect of that land or that part of it as the case may be.