Planning and Development Act 2000

Compensation where permission is revoked or modified.

195

195.—(1) Where permission to develop land has been revoked or modified by a decision under section 44

(a) if, on a claim made to the planning authority, it is shown that any person interested in the land 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 person compensation in respect of that expenditure or contract,

(b) the provisions of this Part shall apply in relation to the decision where it revoked the permission or modified it by the imposition of conditions—

(i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

(ii) in case it modified the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions.

(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.

F1122[(3) This section shall apply to an order made under section 44A subject to

(a) the modification that references to planning authority shall be construed as references to the Minister, and

(b) any other necessary modifications.]

Annotations

Amendments:

F1122

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 38, S.I. No. 436 of 2018.