PLANNING AND DEVELOPMENT ACT 2005 - SECT 179

PLANNING AND DEVELOPMENT ACT 2005 - SECT 179

179 .         Injurious affection due to land being reserved, amount of compensation for

        (1)         Subject to this Division, the compensation payable for injurious affection due to or arising out of the land being reserved under a planning scheme, where no part of the land is purchased or acquired by the responsible authority, is not to exceed the difference between —

            (a)         the value of the land as so affected by the existence of such reservation; and

            (b)         the value of the land as not so affected.

        (2)         The values referred to in subsection (1)(a) and (b) are to be assessed as at the date on which —

            (a)         the land is sold as referred to in section 178(1)(a); or

            (b)         the application for approval of development on the land is refused; or

            (c)         the approval is granted subject to conditions that are unacceptable to the applicant.