LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1990

FIRST SCHEDULE Rules for the Determination of the Amount of Compensation

Rules for the Determination of the Amount of Compensation

Section 5 and 11.

1. The reduction in value shall, subject to the provisions of this Schedule, be determined by reference to the difference between the antecedent and subsequent values of the land, where—

(a) the antecedent value of the land is the amount which the land, if sold in the open market by a willing seller immediately prior to the relevant decision under Part IV of the Principal Act (and assuming that the relevant application for permission had not been made), might have been expected to realise, and

(b) the subsequent value of the land is the amount which the land, if sold in the open market by a willing seller immediately after the said decision, might be expected to realise.

2. In determining the antecedent value and subsequent value of the land for the purposes of Rule 1—

(a) regard shall be had to—

(i) any contribution which a planning authority might have required or might require as a condition precedent to development of the land,

(ii) any restriction on the development of the land which, without conferring a right to compensation, could have been or could be imposed under any Act or under any order, regulations, rule or bye-law made under any Act,

(iii) the fact that exempted development might have been or may be carried out on the land, and

(iv) the open market value of comparable land, if any, in the vicinity of the land whose values are being determined;

(b) no account shall be taken of—

(i) any part of the value of the land attributable to subsidies or grants available from public moneys, or to any tax or rating allowances in respect of development, from which development of the land might benefit,

(ii) the special suitability or adaptability of the land for any purpose 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 statutory body as defined in Rule 5; provided that any bona fide offer for the purchase of the land which may be brought to the notice of the arbitrator shall be taken into consideration,

(iii) any increase in the value of land attributable to the use thereof or of any structure thereon in a manner which could be restrained by any court, or is contrary to law, or detrimental to the health of the inmates of the structure or to public health or safety or to the environment,

(iv) any depreciation or increase in value attributable to the land, or any land in the vicinity, being reserved for a particular purpose in a development plan,

(v) any value attributable to any unauthorised structure or unauthorised use,

(vi) (I) the existence of proposals for development of the land or any other land by a statutory body, or

(II) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by such statutory body, and

(c) all returns and assessments of capital value for taxation made or acquiesced in by the claimant may be considered.

3. (1) In assessing the possibilities, if any, for developing the land, for the purposes of determining its antecedent value, regard shall be had only to such reasonable possibilities as, having regard to all material considerations, could be judged to have existed immediately prior to the relevant decision under Part IV of the Principal Act.

(2) Material considerations for the purposes of the foregoing sub-rule shall, without prejudice to the generality thereof, include—

(a) the nature and location of the land,

(b) the likelihood or unlikelihood, as the case may be, of obtaining permission, or further permission, to develop the land in the light of the provisions of the development plan,

(c) the assumption that, if any permission to develop the land were to be granted, any conditions which might reasonably be imposed in relation to matters referred to in the Fourth Schedule (but no other conditions) would be imposed, and

(d) any permission to develop the land, not being permission for development of a kind specified in section 13 (2), already existing at the time of the relevant decision under Part IV of the Principal Act.

4. (1) In determining the subsequent value of the land in a case in which there has been a refusal of permission—

(a) it shall be assumed, subject to sub-rule (2), that, after the refusal, permission under Part IV of the Principal Act would not be granted for any development of a kind specified in section 13 (2),

(b) regard shall be had to any conditions in relation to matters referred to in the Fourth Schedule (but no other conditions) which might reasonably be imposed in the granting of permission to develop the land.

(2) In a case in which there has been a refusal of permission in relation to land in respect of which there is in force an undertaking under Part VI of the Principal Act, it shall be assumed in determining the subsequent value of the land that, after the refusal, permission under Part IV of the Principal Act would not be granted for any development other than development to which the said undertaking relates.

5. (1) In Rule 2, “statutory body” means

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority within the meaning of the Local Government Act, 1941,

(d) a harbour authority within the meaning of the Harbours Act, 1946,

(e) a health board established under the Health Act, 1970,

(f) a vocational education committee within the meaning of the Vocational Education Act, 1930,

(g) a board or other body established by or under statute,

(h) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(i) a company in which all the shares are held by a board, company, or other body referred to in paragraph (g) or (h).

(2) In sub-rule (1) (h) and (i), “company” means a company within the meaning of section 2 of the Companies Act, 1963.

SECOND SCHEDULE Development in respect of which a Refusal of Permission will not attract Compensation

Development in respect of which a Refusal of Permission will not attract Compensation

Section 12.

1. Any development that consists of or includes the making of any material change in the use of any structures or other land.

2. The demolition of a habitable house.

3. The demolition of a building of artistic, architectural or historical interest which it is a development objective of the development plan to preserve.

4. The erection of any advertisement structure.

5. The use of land for the exhibition of any advertisement.

6. Development in an area to which a special amenity area order relates.

7. Any development on land with respect to which there is available (notwithstanding the refusal of permission) a grant of permission under Part IV of the Principal Act for any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof, subject to no conditions other than conditions of the kind referred to in the Fourth Schedule.

8. Any development on land with respect to which compensation has already been paid under section 11, or under section 55 of the Principal Act, by reference to a previous decision under Part IV of that Act involving a refusal of permission.

THIRD SCHEDULE Reasons for the Refusal of Permission Which Exclude Compensation

Reasons for the Refusal of Permission Which Exclude Compensation

Section 12.

1. Development of the kind proposed on the land would be premature by reference to any one or combination of the following constraints and the period within which the constraints involved may reasonably be expected to cease—

(a) any existing deficiency in the provision of water supplies or sewerage facilities,

(b) the capacity of existing or prospective water supplies or sewerage facilities being required for prospective development as regards which a grant of a permission under Part IV of the Principal Act, an undertaking under Part VI of that Act or a notice under section 13 exists,

(c) the capacity of existing or prospective water supplies or sewerage facilities being required for the prospective development of another part of the functional area of the planning authority, as indicated in the development plan,

(d) the capacity of existing or prospective water supplies or sewerage facilities being required for any other prospective development or for any development objective, as indicated in the development plan,

(e) any existing deficiency in the road network serving the area of the proposed development, including considerations of capacity, width, alignment, or the surface or structural condition of the pavement, which would render that network, or any part of it, unsuitable to carry the increased road traffic likely to result from the development,

(f) any prospective deficiency (including the considerations specified in subparagraph (e) in the road network serving the area of the proposed development which—

(i) would arise because of the increased road traffic likely to result from that development and from prospective development as regards which a grant of permission under Part IV of the Principal Act, an undertaking under Part VI of that Act or a notice under section 13 exists, or

(ii) would arise because of the increased road traffic likely to result from that development and from any other prospective development or from any development objective, as indicated in the development plan, and

(iii) would render that road network, or any part of it, unsuitable to carry the increased road traffic likely to result from the proposed development.

2. Development of the kind proposed would be premature pending the determination by the planning authority or the road authority of a road layout for the area or any part thereof.

3. Development of the kind proposed would be premature by reference to the order of priority, if any, for development indicated in the development plan.

4. The proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise.

5. The proposed development, by itself or by the precedent which the grant of permission for it would set for other relevant development, would adversely affect the use of a national road or other major road by traffic.

6. The proposed development would interfere with a view or prospect of special amenity value or special interest which it is necessary to preserve.

7. The proposed development would cause serious air pollution, water pollution, noise pollution or vibration or pollution connected with the disposal of waste.

8. In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would—

(i) infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board,

(ii) be under a public road,

(iii) seriously injure the amenities, or depreciate the value, of property in the vicinity,

(iv) tend to create any serious traffic congestion,

(v) endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof,

(vi) endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(vii) be prejudicial to public health.

9. The development would contravene materially a condition attached to an existing permission for development.

10. The proposed development would injure or interfere with a historic monument which stands registered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act, 1987, or which is situated in an archaeological area so registered.

11. The development would contravene materially a development objective indicated in the development plan for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise).

12. Paragraph 11 shall, subject to paragraph 13, not apply in a case where a development objective for the use specified in paragraph 11 applied to the land at any time within the five years immediately prior to the date on which the relevant application was made for permission under Part IV of the Principal Act to develop the land, and the development would not have contravened materially that development objective.

13. Paragraph 12 shall not apply in a case where a person acquired his interest in the land—

(a) after the development objective referred to in paragraph 11 has come into operation, or

(b) after notice has been published,

(i) in accordance with section 21 of the Principal Act, of a proposed new development plan or of proposed variations of a development plan, or

(ii) in accordance with section 21A of the Principal Act, of a material alteration of the draft concerned,

indicating in draft the development objective referred to in paragraph 11.

14. For the purposes of paragraph 13, the onus shall be on a person to prove all relevant facts relating to his interest in the land to the satisfaction of the planning authority.

15. In this Schedule, each of the terms “road authority” and “national road” has the meaning assigned to it in the Local Government (Roads and Motorways) Act, 1974.

FOURTH SCHEDULE Conditions which may be Imposed, on the Granting of Permission to Develop Land, without Compensation

Conditions which may be Imposed, on the Granting of Permission to Develop Land, without Compensation

Section 12.

1. A condition, under section 26 (2) (e) of the Principal Act, requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car-parks, sewers, watermains or drains).

2. A condition, under section 26 (2) (g) of the Principal Act, requiring a contribution towards expenditure incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development.

3. A condition, under section 26 (2) (h) of the Principal Act, requiring a contribution towards expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works facilitating the proposed development.

4. A condition, under section 26 (2) (j) of the Principal Act, requiring the removal of an advertisement structure.

5. Any condition under section 26 (2) (j) of the Principal Act in a case in which the relevant application for permission relates to a temporary structure.

6. Any condition relating to all or any of the following matters—

(a) the size, height, floor area and character of structures;

(b) building lines, site coverage and the space about dwellings and other structures;

(c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles;

(d) the objects which may be affixed to structures;

(e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in separate tenements.

7. Any condition relating to the design, colour and materials of structures.

8. Any conditions reserving or allocating specified land for structures of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the erection, construction or making of any particular class or classes of structures on any specified land.

9. Any condition limiting the number of structures of a particular class which may be constructed, erected or made, on, in or under any specified land.

10. Any condition relating to—

(a) the disposition or layout of structures or structures of any specified class (including the reservation of reasonable open space in relation to the number, class and character of structures in any particular development proposal);

(b) the manner in which any land is to be laid out for the purpose of development, including requirements as to road layout, landscaping, planting;

(c) the provision of water supplies, sewers, drains and public lighting;

(d) the provision of service roads and the location and design of means of access to roads;

(e) the provision of facilities for parking, unloading, loading and fuelling of vehicles on any land.

11. Any condition relating to the alteration or removal of unauthorised structures.

12. Any condition relating to the layout of the proposed development, including density, spacing, grouping and orientation of structures in relation to roads, open spaces, and other structures.

13. Any condition relating to the provision and siting of sanitary services and recreational facilities.

14. Any condition reserving, as a public park, public garden or public recreation space, land normally used as such.

15. Any condition relating to the preservation of buildings of artistic, architectural or historical interest.

16. Any condition relating to the preservation of plasterwork, staircases, woodwork or other fixtures or features of artistic, architectural or historical interest and forming part of the interior of structures.

17. Any condition relating to the preservation of caves, sites, features and other objects of archaeological, geological or historical interest.

18. Any condition relating to the preservation of views and prospects and of amenities of places and features of natural beauty or interest.

19. Any condition relating to the preservation and protection of trees, shrubs, plants and flowers.

20. Any condition prohibiting, restricting or controlling, either generally or within a specified distance of the centre line of any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

21. Any condition preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situate in a residential area.

22. Any condition prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

23. Any condition for preserving any existing public right of way giving access to seashore, mountain, lakeshore, riverbank, or other place of natural beauty or recreational utility.

24. Any condition relating to a matter in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation.

25. Any condition relating to measures to reduce or prevent the emission or the intrusion of noise or vibration.

26. Any condition prohibiting the demolition of a habitable house.

27. Any condition relating to the filling of land.

28. Any condition in the interest of ensuring the safety of aircraft or the safe and efficient navigation thereof.

29. Any condition determining the sequence in which works shall be carried out or specifying a period within which works shall be completed.

30. Any condition restricting the occupation of any structure included in a development until the completion of other works included in the development or until any other specified condition is complied with or until the planning authority consent to such occupation.