PLANNING AND DEVELOPMENT ACT 2005 - SECT 192
PLANNING AND DEVELOPMENT ACT 2005 - SECT 192
192 . Land etc. to be acquired under s. 191, valuing
(1) Despite Part 10 of
the Land Administration Act 1997 , the value of any land or improvements on
land which is compulsorily acquired by a responsible authority under
section 191 is, for the purpose of assessing the amount of compensation to be
paid for the land and improvements to be assessed —
(a)
without regard to any increase or decrease in value attributed wholly or in
part to any of the provisions contained in, or to the operation or effect of,
the relevant planning scheme; and
(b)
having regard to values current at the time of acquisition,
but in assessing the
amount of compensation regard is to be had to any amounts of compensation
already paid, or payable, by the responsible authority in respect of the land
under Division 2.
(2) Where compensation
has been paid, or is payable, in respect of land under Division 2, then,
subject to subsection (3), there is to be deducted from the compensation
assessed under subsection (1) an amount that bears the same ratio to the
compensation so assessed as the compensation paid or payable under that
Division bears to the unaffected value of the land, as determined under this
Part.
(3) In assessing the
amount to be deducted from compensation under subsection (2), the person
lawfully appointed to determine the amount of compensation is to have regard
to —
(a) any
improvements or demolitions lawfully made to or on the land, subsequently to
the determination of the unaffected value of the land; and
(b) to
the earlier termination of the tenure of the land, where the compensation
might otherwise have been affected by an assurance given by the responsible
authority, and which the responsible authority is by this paragraph authorised
to give, that the tenure was to be of a greater period.