Local Government (Planning and Development) (Compensation) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Local Government (Planning and Development) (Compensation) Regulations, 1990.
(2) The collective citation "The Local Government (Planning and Development) Regulations, 1977 to 1990" shall include these Regulations.
2 Interpretation.
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paragraphs: (1) In these Regulations—
"the Act of 1990" means the Local Government (Planning and Development) Act, 1990;
"the Board" means An Bord PleanÃ¡la;
"compensation claim" means a claim for compensation under the Act of 1990;
"the Minister" means the Minister for the Environment.
(2) In these Regulations—
( a ) a reference to an article which is not otherwise identified is a reference to an article of these Regulations,
( b ) a reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.
3 Revocation.
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paragraphs: Part VI of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ) is hereby revoked.
4 Compensation claim.
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paragraphs: (1) A compensation claim shall be made to the planning authority in writing and shall include—
( a ) a statement of the name and address of the claimant and of his interest in the land to which the claim relates,
( b ) a statement of the matter in respect of which the claim is made, of the provision of the Act of 1990 under which it is made, of the amount of compensation claimed and of the basis on which such amount has been calculated, and
( c ) a statement of the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect.
(2) Where a planning authority receive a compensation claim which fails to comply with a requirement of sub-article (1), the authority may, and if the failure relates to the requirements of paragraph (c) of that sub-article shall, require the claimant to comply with such requirement and the planning authority may defer consideration of the claim until he has complied with such requirement.
5 Notice of claim.
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paragraphs: (1) Within one month of the receipt by a planning authority of a compensation claim, or within one month of compliance with a requirement under article 4(2), the planning authority shall give notice to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.
(2) A notice under sub-article (1) shall state the name and address of the claimant, the matter in respect of which the claim is made, the land to which the claim relates and the date, having regard to section 4 of the Act of 1990, after which a further claim for compensation in relation to such matter cannot be made.
(3) Where more than one compensation claim in respect of the same matter has been received by a planning authority, the provisions of sub-article (1) shall not apply in respect of such persons as are claimants or have already been given notice of a claim in respect of that matter under that sub-article.
6 Provision of certain evidence and information.
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paragraphs: Where a compensation claim is made the planning authority may require the claimant to provide evidence in support of his claim and evidence as to his interest in the land to which the claim relates and may defer consideration of the claim until he has complied with such requirement.
7 Application under section 14 of Act of 1990.
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paragraphs: (1) Where an application is made to the Minister under section 14 of the Act of 1990 for an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 or section 13 of that Act, the applicant shall submit to the Minister—
( a ) a statement of his name and address and of his interest in the land to which the application relates,