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Part VI

PART VI

PROCEEDINGS UNDER THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965

D1.     Interpretation

D2.     Reference under Part I of the Act – ascertainment of development value

D3.     References under Part I of the Act – disputes as to amount

D4.     References under Part II of the Act – objection to proposal for the apportionment of development value

D5.     References under Part II of the Act – disputing findings or apportionment

D6.     References under Part II of the Act – refusal to issue certificate

D7.     References under Part III of the Act – disputing apportionment of compensation for depreciation

D8.     References under Part III of the Act – disputing proposal for determination of appropriate amount

D9.     References under Part III of the Act – compensation for certain planning decisions

D10.   References under Part III of the Act – disputed compensation

D11.   References under Part IV of the Act – compensation subject to rent charge or fee farm rent

D12.   References under Part IV of the Act – other compensation

D13.   References under Part IV of the Act – carrying out of relevant development

D14.   References under Part IV of the Act – damage to land

D15.   Entry of reference

D16.   Disputes – appearances by interested persons

D17.   Service of notices

D18.   Fees
 

PART VI
 

PROCEEDINGS UNDER THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965

Land Development Values Rules

Interpretation

       D1.  In this Part-

"the Act" means the Land Development Values (Compensation) Act (Northern Ireland) 1965m;

"the Department" means the Department of the Environment for Northern Ireland;

       "a Part I application" means an application to the Department requiring it to ascertain the development value of land in accordance with Part I of the Act;  and "and applicant" shall be construed accordingly;

"compensatable estate" has the meaning assigned to that expression by section 43 of the Act;

       "estate" has the meaning assigned to that expression by section 43 of the Act.

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References under Part I of the Act - Ascertainment of development value of land

       D2.-(1)  A reference of a dispute arising under section 5 of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of the determination of the Department giving rise to the dispute and a copy of the notice of reference shall at the same time be sent to the Department.

    (2)  Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any person appearing to it to be entitled to make a Part I application in relation to the land which is the subject of the reference together with a copy of the determination of the Department giving rise to the dispute and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part 1 of the Act - disputes as to amounts

     D3.  A reference under regulation 5 of the Land Development Values (Ascertainment and Certificates) Regulations (Northern Ireland) 1965n in relation to a dispute as to the amount (if any) of a development value determined by the Department may be instituted by serving on the registrar a notice of reference in Form D and within the time prescribed in the said regulation 5 together with a copy of the determination as confirmed or revised by the Department under regulation 4(4) of the said regulations. A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send to the registrar a copy of the Part I application on which the disputed determination arises and shall forthwith send a copy of the notice of reference to any applicant who has been served with a notice of determination in respect of the land affected by the dispute.  The Department shall at the same time furnish the registrar with the names and addresses of such persons.

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References under Part II of the Act - objection to proposal for apportionment of development value

       D4.  A reference under section 13(5) of the Act making an objection to a proposal for the apportionment of development value may be instituted by serving on the registrar a notice of reference in accordance with Form D within the time specified by the said section 13(5) together with a copy of the notice issued by the Department under section 13(4)(b) of the Act giving particulars of the proposed apportionment and a copy of the notice of objection served on it under section 13(4)(c) of the Act by the person making the reference.  A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person who was served with a copy of the said notice of apportionment giving rise to the dispute and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part II of the Act - disputing findings or apportionment

       D5.  A reference under regulation 6 of the Land Development Values (Compensation) Regulations (Northern Ireland) 1965o disputing any findings or apportionment on a claim for compensation under Part II of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D within the time prescribed in the said regulation 6.  There shall be sent with the reference a copy of the claim and of the Department's findings giving rise to the dispute, or, where the dispute relates to an apportionment, a copy of the particulars of the said apportionment.  A copy of the notice of reference shall at the same time be sent to the Department.

     Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person served with a notice of its findings and particulars of apportionment in respect of the claim giving rise to the dispute and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part II of the Act - refusal to issue certificate

       D6.  A reference under section 24(16) of the Act against the refusal of the Department to issue a certificate under section 24(15) of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of the refusal giving rise to the dispute.  A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send to the registrar a copy of the relevant application made to the Department for a certificate under section 24(15) of the Act.

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References under Part III of the Act - disputing apportionment of compensation for depreciation

       D7.  A reference under section 27(3) of the Act disputing an apportionment of compensation for depreciation payable under section 26 of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of the apportionment of compensation giving rise to the dispute. A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person who was served with a notice of the said apportionment in accordance with section 27(1) of the Act and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part III of the Act - disputing proposal for determination of appropriate amount

       D8. A reference under regulation 8 of the Land Development Values (Compensation) Regulations (Northern Ireland) 1965 disputing the proposal for the determination of the appropriate amount under section 28 of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D within the time specified therein together with a copy of the notice of the proposed determination giving rise to the dispute and a copy of the notice of objection served on it by the person making the reference.  A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person who was served with a notice of its proposed determination and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part III of the Act - compensation for certain planning decisions

       D9.  A reference under section 29(4) of the Act of a dispute under section 29(3) of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of any decision or other act giving rise to the dispute.  A copy of the notice of reference shall at the same time be sent to the Department.


 

References under Part III of the Act - disputed compensation

       D10.  A reference under section 31 of the Act of a dispute under Part III of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of any decision or other act giving rise to the dispute.  A copy of the notice of reference shall at the same time be sent to the Department.

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References under Part IV of the Act - compensation subject to rentcharge or fee farm rent

       D11.  A reference under any regulation made under section 32 of the Act of a dispute as to the payment of compensation where a compensatable estate to be compensated is subject to a rentcharge or fee farm rent may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of any order, notice, decision or determination giving rise to the dispute. A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person upon whom the said order, notice, decision or determination giving rise to the dispute was served, and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part IV of the Act - other compensation

       D12.  A reference under section 37(5) of the Act of a dispute arising under section 37(4) of the Act may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of the decision or determination giving rise to the dispute.  A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send to the registrar a copy of the relevant application under section 37(3) of the Act. The Department shall at the same time send a copy of the notice of reference to any other person who was served with a notice under section 37(1) of the Act in respect of the land to which the dispute relates, and shall furnish the registrar with the names and addresses of such persons.

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References under Part IV of the Act - carrying out of relevant development

       D13.  A reference under section 38(7) of the Act of a dispute as to whether a person (not being a public body) entitled to a compensatable interest might reasonably carry out any relevant development may be instituted by serving on the registrar a notice of reference in accordance with Form D together with a copy of any decision or other act giving rise to the dispute.  A copy of the notice of reference shall at the same time be sent to the Department.

       Upon receiving a copy of the notice of reference the Department shall forthwith send a copy thereof to any other person entitled to an estate in the land appearing to it to be substantially affected by the reference and at the same time it shall furnish the registrar with the names and addresses of such persons.

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References under Part IV of the Act - damage to land

       D14.  A reference under section 40(7) of the Act of a dispute as to compensation for damage to land may be instituted by serving on the registrar a notice of reference in accordance with Form D.  A copy of the notice of reference shall at the same time be sent to the Department.


 

Entry of Reference

       D15.  Upon receiving a notice of reference, the registrar shall enter particulars of the reference in the register and shall inform the Department and the person making the reference of the number of the reference entered in the register, which shall thereafter constitute the title to the proceedings.

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Disputes - Appearance by interested persons

       D16.  Any person who has been served with a copy of a notice of reference by the Department may, within 21 days after service of such copy, give written notice to the registrar of his intention to appear at the hearing stating -

(a)   the nature of his interest and the grounds on which he intends to rely;

(b)   whether he intends to appear separately or jointly; and

(c)   an address at which documents may be served upon him

and shall thenceforward be a party to the reference.

       The registrar shall, as soon as possible after receipt of a notice of intention to appear, serve on the Department and the person making the reference a copy of each such notice. The registrar shall at the same time supply all persons giving notice of intention to appear with a copy of any other notice of intention to appear and the title to the reference.

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Service of Notices

       D17.  Any notice or other document required or authorised to be served on the Department may be sent or delivered by hand to the office for the time being of the Land Values Branch of the Department.

 

Fees

       D18.  A hearing fee shall not be payable under rule D2, D3 or D4 or under D5 where it relates only to a dispute as to an apportionment of compensation.

 

m 1965 c.23 (N.I.)

n S.R. & O. (N.I.) 1965 No. 284 (p. 1510)

o S.R. & O. (N.I.) 1965 No. 285 (p. 1516)

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