Provision shall be made by regulations under this section— for requiring claims for compensation under this Part to be determined by the Ministry in such manner as may be prescribed; for regulating the practice and procedure to be followed in connection with the determination of such claims; for requiring the Ministry, on determining any such claim to give notice of its findings to the claimant, and to every other person, if any, who has made a claim for compensation under this Part in respect of the same planning decision, and, if the Ministry's findings include an apportionment, to give particulars of the apportionment to any other person entitled to an estate in land appearing to the Ministry to be an estate substantially affected by the apportionment. Subject to subsection (3), provision shall be made by regulations under this section— for enabling the claimant or any other person to whom notice of the Ministry's findings has been given in accordance with subsection (1), if he wishes to dispute the findings, and any other person to whom particulars of an apportionment included in those findings have been so given, or who establishes that he is entitled to an estate in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require the findings or, as the case may be, the apportionment to be referred to the Lands Tribunal; for enabling the claimant and every other person to whom notice of any findings or apportionment has been given as mentioned in paragraph ( a) to be heard by the Lands Tribunal on any reference under this section of those findings or of that apportionment, as the case may be; and for requiring the Lands Tribunal, on any such reference, either to confirm or to vary the Ministry's findings or the apportionment, as the case may be, and to notify the parties of the decision of the Lands Tribunal. Where on a reference to the Lands Tribunal under this section it is shown that an apportionment— relates wholly or partly to the same matters as a previous apportionment; and is consistent with that previous apportionment in so far as it relates to those matters; the Lands Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters. Any reference in this section to any findings of the Ministry includes a reference to any decision of the Ministry as to the person to whom any compensation under this Part is payable. Where compensation exceeding fifty pounds becomes payable under this Part in respect of a compensatable estate subsisting in land which is the subject of a planning decision— the Ministry shall serve on any person making a claim in relation to the compensation and on the planning authority to whom the application for planning permission was made a notice in the prescribed form containing particulars of the payment and, if an apportionment has been made under section 21, of that apportionment; the following condition shall be observed with respect to the relevant land and to every part of that land, namely, no relevant development shall be initiated thereon or therein until such amount, if any, of the compensation as is repayable under this section has been paid to or secured to the Ministry under this section. The condition specified in subsection (1) and any notice served under that subsection shall be included amongst the matters which are required to be registered in the Statutory Charges Register …. Where any relevant development is to be carried out on any relevant land, the amount repayable under this section in respect of the compensation— if the land on which the relevant development is to be carried out (in this section referred to as “the development area” ) is identical with or includes (with other land) the whole of the relevant land, shall be the amount of that compensation; if the development area forms part of the relevant land, or includes part of that land together with other land, shall be so much of the compensation as is attributable to the development area in accordance with subsection (4). In subsection (3)( b) the reference to so much of the compensation as is attributable to the development area is a reference— where the compensation is not apportioned under section 21, to the amount of the compensation distributed rateably according to area over the relevant land; where the compensation is so apportioned, to the amount of the compensation distributed in accordance with the apportionment between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part. If any person initiates any relevant development on any relevant land without complying with the condition attached to that land by virtue of subsection (1)( b), the Ministry may serve a notice on him— specifying the amount appearing to it to be the amount repayable under this section in respect of the compensation in question; and requiring him to pay that amount within such period, not being less than three months after the service of the notice, as may be specified in the notice. Where the Ministry is satisfied having regard to the probable value of any proper development of any relevant land, that such development is unlikely to be carried out unless the condition attached thereto by virtue of subsection (1)( b) is modified, it may in relation to any particular development remit the whole or part of any amount otherwise repayable to it under this section. Where, in connection with the development of any land, an amount becomes repayable under this section, then, except where, and to the extent that, payment of that amount has been remitted under subsection (6), no amount shall be repayable under this section in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof. No amount shall become repayable under this section in respect of any compensation by reference to which a sum has become recoverable by the Ministry under section 38. Where any of the following events occurs in relation to any relevant land, or any part thereof, that is to say— an amount repayable under this section is repaid to the Ministry or secured to the Ministry under this section; or an amount repayable under this section is remitted in part under subsection (6); or an amount which, but for subsection (8), would otherwise be repayable under this section becomes recoverable by the Ministry under section 38; the Ministry shall notify the Registrar of Titles of that event, describing the land to which it relates and giving such further information as appears to the Ministry to be necessary for the purpose, and the Registrar shall note the information so provided in the entry relating to that land in the Statutory Charges Register. An amount repayable under this section shall be paid as a single capital payment, without interest, except that where the person seeking to initiate the relevant development makes representations to the Ministry in that behalf, the Ministry may direct that the amount shall be paid— as a single capital payment, with interest, at such time as the Ministry may direct; or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Ministry may direct. An amount repayable under this section— shall be payable to the Ministry; shall be recoverable by the Ministry as a civil debt; and shall, unless it is payable as a single capital payment without interest, be secured by the person by whom the development is to be carried out in such a manner (whether by mortgage, charge, bond or otherwise) as the Ministry may direct. Where any person makes default in paying an amount repayable under this section as a single capital payment without interest, the Ministry may recover that amount, together with interest thereon at such rate as may for the time being be prescribed by an order under section 14 of the Administrative and Financial Provisions Act (Northern Ireland) 1956 , as a civil debt due to the Ministry. Any interest payable by virtue of subsection (10) shall be at such rate as is prescribed by an order under section 14 of the Administrative and Financial Provisions Act (Northern Ireland) 1956 . “proper development” means any development which the Ministry, … considers to be desirable for securing the most appropriate planning of the area in question; “relevant development” means, subject to subsections (15) and (16), any new development— which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof; or which, having regard to the probable value of the development, the Ministry determines should constitute relevant development for the purposes of this section; “relevant land” means any land in respect of which a notice has been served under subsection (1); and any reference to a sum which becomes recoverable under section 38 includes a reference to a sum which would be so recoverable but for subsection (4) of that section. The Ministry shall not have power to make a determination under paragraph ( b) of the definition of relevant development in relation to any development if, on an application made to the Ministry for the purpose, the Ministry has certified that, having regard to the probable value of the development, it is not reasonable that the development should constitute relevant development for the purposes of this section. Where any person is aggrieved by the refusal of the Ministry to issue a certificate under subsection (15), he may apply to the Lands Tribunal for a certificate for the purposes of that subsection, and any certificate issued by that Tribunal shall have the like effect as a certificate of the Ministry under that subsection. Where any such compensation as is referred to in subsection (1) became payable in respect of the imposition of conditions on the granting of planning permission to develop any land, “relevant development” does not include the development for which that permission was granted. Where an amount has become repayable under section 24 in respect of any compensation paid under this Part, subsection (2) shall have effect for the purpose of determining any question as to the balance of development value of any land at any subsequent time. Except where, and to the extent that, payment of the amount mentioned in subsection (1) has been remitted under section 24(6), so much, if any, of the compensation paid under this Part as is attributable to the land in question shall, for the purpose mentioned in subsection (1), be treated as not having become payable, and accordingly (notwithstanding anything in section 9) shall not be deducted from the balance of development value of that land. Where any planning permission is revoked or modified by an order under section 68 or 72 of the Planning Act then, if on a claim duly made to the Ministry in accordance with this section, it is shown that a person interested in the land to which the permission related— has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or has otherwise sustained loss or damage which is directly attributable to the revocation or modification; the Ministry shall pay to him compensation in respect of that expenditure, loss or damage unless compensation under the Act of 1944 has been paid or is payable in respect of the order in question. For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work. Subject to subsection (2), compensation shall not be paid under this section in respect of— any work carried out before the grant of the permission which is revoked or modified; or any other loss or damage (not being loss or damage consisting of depreciation of the value of a compensatable estate in any land) arising out of anything done or omitted to be done before the grant of that permission. Where an order under section 68 or 72 of the Planning Act revokes or modifies any planning permission granted for the carrying out of any new development, then in calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of a compensatable estate in any land, it shall be assumed that planning permission would not be granted for any new development of the land but would be granted for any development other than new development. Where an order under section 68 or 72 of the Planning Act revokes or modifies any planning permission granted for the carrying out of any development other than new development, the amount of compensation for depreciation payable under this section shall be the amount of compensation which would be payable under section 29 if subsections (3) and (7) of that section were omitted and the order were such a planning decision as is mentioned in section 29(1) which, in the case of an order revoking any permission, refused planning permission to carry out the development in question, or, in the case of an order modifying any permission, granted planning permission to carry out the development in question subject to the like conditions as are specified in the order. Section 20(2) shall have effect in relation to a claim for compensation under this section as it has effect in relation to a claim for compensation under Part II and section 22 shall have effect in relation to a claim for compensation for depreciation (within the meaning of section 27) as it has effect in relation to a claim for compensation under Part II, and in particular those provisions shall have effect as if for any reference to the date of a planning decision there were substituted a reference to the date of an order under section 68 or 72 of the Planning Act made after 25th February 1963. The Ministry may make regulations under this section as to the manner in which any claims for compensation under this section must be made. Claims under this section shall be made to and paid by the council which made the order in question or, where the order was made by the Department under section 72 of the Planning Act, the council which is treated as having made it under that section. Where compensation payable under section 26 includes compensation for depreciation of an amount exceeding fifty pounds, the Ministry may, if it appears to it to be practicable to do so— apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and give particulars of any such apportionment to the claimant and to every other person, if any, entitled to an estate in the land which appears to the Ministry to be substantially affected by the apportionment. In making an apportionment under subsection (1) the Ministry— shall divide the land into parts; and shall distribute the compensation between those parts, according to the manner in which the different parts appear to the Ministry to be differently affected by the order in respect of which the compensation for depreciation is payable. Section 23, and any regulations made by virtue thereof, shall have effect with respect to any apportionment under subsection (1). . . . On a reference to the Lands Tribunal by virtue of subsection (3), subsections (1) and (2), so far as they relate to the making of an apportionment, shall apply as if for the references in those subsections to the Ministry there were substituted references to the Lands Tribunal. Section 24 shall, subject to subsection (6), have effect with respect to compensation for depreciation payable under section 26 as it has effect with respect to compensation payable under Part II, with the substitution— for references to a planning decision, of references to the order under section 68 or 72 of the Planning Act in consequence of which the compensation for depreciation is payable; for paragraph (a) of subsection (1) of the following paragraph— the council must serve on— any person making a claim in relation to the compensation; and the Department, a notice in the prescribed form containing particulars of the payment and, if an apportionment has been made under section 21, of that apportionment; Where any compensation for depreciation under section 26 specified in a notice registered under section 24(2) (as applied by subsection (5)) became payable in respect of an order modifying planning permission, any development carried out in accordance with that permission as so modified shall not be deemed to constitute relevant development within the meaning of section 24. In this section. . . “compensation for depreciation” means so much of any compensation payable under section 26 as is payable in respect of loss or damage consisting of depreciation of the value of a compensatable estate in land attributable to an order revoking or modifying any planning permission granted for the carrying out of any new development. S. 28 rep. by 2001 c. 2 (NI) This section shall, subject to subsections (2A), (3) and (3A), have effect in relation to any planning decision given in pursuance of an application made after 25th February 1963 whereby permission to carry out any development of a class specified in Schedule 1 is refused or is granted subject to conditions. If on a claim duly made to the Ministry, it is shown that the value of a compensatable estate in the land which is the subject of the planning decision in question, is less than it would have been if the permission had been granted, or had been granted unconditionally, as the case may be, compensation of an amount equal to the difference shall be payable under this section unless compensation under the Act of 1944 has been paid or is payable in respect of the planning decision in question. Compensation shall not be payable under this section in relation to such a planning decision as is mentioned in subsection (1) whereby permission to carry out any development of a class specified in paragraphs 1 to 3 of Schedule 1 in relation to a building is refused if by virtue of any other previous planning permission it remains a condition of such planning permission (however expressed) that the building be demolished or cease to be used as a dwelling house. Compensation shall not be payable under this section in relation to such a planning decision as is mentioned in subsection (1) whereby permission to use as two or more separate dwelling houses a building which at a material date (as defined in Schedule 1) was used as a single dwelling house is refused or granted subject to conditions unless it appears that the lower value of the compensatable estate in the land to which the planning decision relates (as calculated for the purposes of subsection (2)), is not reasonable having regard to the value of any other comparable dwelling houses situated in the area in which the building in question is situated. Compensation shall not be payable under this section on more than one occasion in relation to any estate in land. Any dispute under subsection (3) as to whether a vendor would receive a reasonable price for a building in the circumstances mentioned in that subsection shall be referred to the Lands Tribunal for determination. In determining, for the purposes of subsection (2), whether or to what extent the value of a compensatable estate in land is less than it would have been if the permission had been granted, or had been granted unconditionally— it shall be assumed that any subsequent application for the like planning permission would be determined in the same way; but if, in the case of a refusal of planning permission, the Ministry undertook to grant planning permission for some other development of the land in the event of an application being made in that behalf, regard shall be had to that undertaking. Where planning permission to carry out any such development as is mentioned in subsection (1) is granted subject to conditions for regulating the design or external appearance of buildings, or the size or height of buildings, those conditions shall be disregarded in assessing the compensation, if any, payable under this section. Section 24 shall have effect with respect to compensation payable under this section as it has effect with respect to compensation payable under Part II, except that the definition of “relevant development” shall have effect as if for the words “any new development” there were substituted the words “any development of a class specified in Schedule 1” .] Subs. (7)(8) rep. by 1972 NI 17 Sections 20(2) and 22 shall have effect for the purposes of a claim for compensation under this section as they have effect for the purposes of a claim under Part II. Where a public body are entitled to a compensatable estate in any land, compensation under section 26 shall not be payable to that body in respect of an order under section 68 or 72 of the Planning Act whereby any planning permission is revoked or modified unless the order is in respect of any land specified in any regulations under section 4 or land of a class or description so specified. Any question of disputed compensation under this Part shall be referred to and determined by the Lands Tribunal. S. 32 rep. by 2001 c. 2 (NI) In calculating the value of a compensatable estate in and for the purposes of section 26 subject to subsection (2), rules (2) to (4) of the rules set out in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982 shall, so far as applicable have effect as they have effect for the purpose of assessing compensation for the compulsory purchase of land; and if a compensatable estate to be valued is mortagaged, it shall be treated as if the mortgage had been discharged. Subs. (2) rep. by 2001 c. 2 (NI) Where, for the purposes of section 26 value falls to be calculated by reference to the duration of a tenancy; and by reason of any option or other contractual right with respect to the determination, renewal or continuance of the tenancy the date of expiry of the tenancy is not ascertainable with certainty; that date shall be taken to be such as appears reasonable and probable having regard to the interests of the party by whom the option is exercisable, or in whose favour the right operates, and to any other material considerations subsisting at the time when the calculation of value falls to be made. Ss. 34‐36 rep. by 1972 NI 17 Section 24 shall have effect in relation to any compensation to which this section applies in like manner as it has effect in relation to compensation payable under Part II with the substitution for the reference in subsection (1)( a) to any person who claims any part of compensation exceeding fifty pounds which becomes payable under Part II of a reference to any person who is entitled to an estate in the land in question, being a person who appears to the Ministry to be substantially affected by the registration of a notice under that section as applied by this section. This section applies to any compensation which has been paid or is payable under section 6(4) of the Act of 1944 after 25th February 1963 in relation to the refusal or grant subject to conditions of planning permission for any new development or the revocation or modification by an order under section 3 of the Act of 1944 of planning permission for any new development. Where section 24 has effect in relation to any compensation to which this section applies, any person who is entitled to an estate in any relevant land may, if he has acquired that estate in the land after the date of the decision or order in respect of which the compensation in question has been paid or is payable but before the date of passing of this Act, make an application to the Ministry claiming— that the consideration which he furnished in order to acquire his estate or the obligations which he has incurred by virtue of acquiring the estate, are greater than they might reasonably be expected to have been if the notice had been registered in the Statutory Charges Register before the date on which he entered into the contract to acquire that estate; or if he has not furnished any consideration in order to acquire his estate, that any consideration furnished after the date of that decision or order by any person from whom he derived his estate is greater than it might reasonably be expected to have been if the notice had been registered in the Statutory Charges Register before the date on which the person from whom his estate is derived entered into the contract to acquire the estate from which the claimant derives his estate. Where a person makes an application to the Ministry under subsection (3), the Ministry shall consider the matters referred to in the application, and may if it thinks fit either cancel the notice or serve on him a notice specifying therein such lesser amount as the Ministry considers to be appropriate in lieu of the amount specified in the first notice, and section 24 shall, subject to any necessary modifications, have effect in relation to any notice served under this subsection as it has effect in relation to a notice served under that section. Where any dispute arises under subsection (4) as to the cancellation or service of a notice, it shall be referred to the Lands Tribunal for determination. Subs. (6) rep. by 2001 c. 2 (NI) In this section “relevant land” means any land in respect of which a notice is served under section 24 as applied by this section. Ss. 38, 39 rep. by 2001 c. 2 (NI) Any person duly authorised in writing by the Ministry may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim. . . for compensation under this Act. Subject to subsections (3) to (8), the power conferred by subsection (1) to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein. A person authorised under subsection (1) to enter upon any land— shall, if so required, produce evidence of his authority before so entering; and shall not demand admission as of right to any land which is occupied unless three days' notice of the intended entry has been given to the occupier. Any person who wilfully obstructs a person acting in the exercise of his powers under subsection (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. If any person who, in compliance with subsection (1), is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the survey or estimate for which he was authorised to enter the premises, be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months. Where any land is damaged in the exercise of a right of entry conferred under subsection (1), or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Ministry. Any question of disputed compensation recoverable under subsection (6) shall be referred to and determined by the Lands Tribunal. Where, under subsection (1) a person proposes to carry out any works authorised by virtue of subsection (2), he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (3)( b). The Ministry may make regulations for prescribing anything which, under this Act is authorised or required to be prescribed. Any regulations made under this Act shall be subject to negative resolution. Any expenses incurred by the Ministry under this Act shall, subject to subsection (2), be defrayed either out of moneys provided by Parliament or, if the Ministry of Finance so directs, by means of sums charged on and issued out of the Consolidated Fund. The aggregate of the sums charged on and issued out of the Consolidated Fund under subsection (1) shall not, unless and until Parliament otherwise determines, exceed [ four million six hundred thousand pounds]. The Ministry of Finance may borrow money for the purpose of providing money for issues out of the Consolidated Fund under subsection (1). Any money borrowed under subsection (3) shall be repaid within any period or periods not exceeding twenty-five years from the date of borrowing, and provision for such repayment may be made out of moneys provided by Parliament. In this Act— Definition rep. by 1972 NI 17 “the Act of 1944” means the Planning (Interim Development) Act (Northern Ireland) 1944 ; “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes; Definitions rep. by 2001 c. 2 (NI) “clearing”, in relation to land, means the removal of buildings or materials from the land or the levelling of the surface of the land; “compensatable estate” means— a legal fee simple absolute; or a tenancy; but does not include a legal fee simple absolute to which a person is entitled as a mortgagee, and section 45(2) of the Interpretation Act (Northern Ireland) 1954 shall not apply for the purposes of this Act; “erection” in relation to buildings includes extension, alteration and re-erection; “estate” means— a legal or equitable life estate; a legal or equitable fee tail; a legal or equitable fee simple absolute; a tenancy; or an equity of redemption in relation to a mortgage of any of the above estates; but does not include a legal or equitable life estate, fee tail or fee simple absolute to which a person is entitled as a mortgagee; “land” means any corporeal hereditament, including a building, and accordingly section 45(1) of the Interpretation Act (Northern Ireland) 1954 shall not apply for the purposes of this Act; “the Lands Tribunal” means the Lands Tribunal for Northern Ireland; [ “local authority” means a district council;] “minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include turf cut for purposes other than sale; “the Ministry” means the Ministry of Development; “mortgage” includes (without prejudice to subsection (8)) any charge or lien on any property for securing money or money's worth; “new development” means development which is not of a class specified in Schedule 1; [ “the Order of 1972” means the Planning (Northern Ireland) Order 1972 ;] “Part II compensation” means any compensation payable under Part II; “Part III compensation” means any compensation payable under section 26. . . ; “planning decision” means a decision given on an interim development application [ or an application under Part 3 of the Planning Act]; “ the Planning Act ” means the Planning Act (Northern Ireland) 2011; “the Planning Order” means the Planning (Northern Ireland) Order 1991; “possession” includes the receipt of rents and profits, or the right to receive them; “prescribed” means prescribed by regulations under this Act; “public body” means one of the following, that is to say:— an authority all the members of which are appointed or elected by one or more local authorities; a department of the Government of Northern Ireland; an industrial training board established under section 1 of the Industrial Training Act (Northern Ireland) 1964 ; a local authority; … [ a new town commission established under the New Towns Act (Northern Ireland) 1965 ;] the Northern Ireland Fire and Rescue Service Board; the Northern Ireland General Health Services Board; the Northern Ireland Hospitals Authority; [ the Northern Ireland Housing Executive;] the Northern Ireland Housing Trust; the Northern Ireland Training Executive; the Northern Ireland Youth Employment Service Board; [ the Police Authority for Northern Ireland;] the Trustees of the Ulster Folk Museum; the Trustees of the Ulster Museum; “settlement” has the same meaning as in the Settled Land Acts 1882 to 1890 and accordingly section 2(2) of the Settled Land Act 1882 has effect for the purposes of this Act as it has effect for the purposes of that Act; “statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 ; “tenancy” includes a tenancy created by an agreement for a lease and a tenancy created under any enactment but does not include— a mortgage term; or a tenancy for a year (or any shorter term) or from year to year (or any other periodic tenancy having reference to any period less than a year); or a tenancy at will; “trustee” includes an implied or constructive trustee and a personal representative; “trustees of the settlement” means the trustees of a settlement for the purposes of the Settled Land Acts 1882 to 1890; “war damage” has the same meaning as in the War Damage Act 1943 ; …. Where under this Act any statutory provision (including any section or other division of this Act) is applied for any of the purposes of this Act, that statutory provision shall be construed so that its application for those purposes is grammatical and effective. For the purposes of this Act— where a compensatable estate in any land is mortgaged; and but for this subsection, any person entitled to an equity of redemption in relation to that compensatable estate would not be entitled to a compensatable estate in that land; that person shall be taken to be entitled to the compensatable estate in the land to which he would be entitled if he redeemed the mortgage. For the purposes of this Act, where a compensatable estate in land is vested in any beneficiaries under a settlement, the interests vested in the beneficiaries shall be taken to constitute the compensatable estate which would exist if those interests were vested in one person and constituted one interest; and the beneficiaries shall. . . be taken to be entitled to that interest. Any reference in this Act to a contract is a reference to a contract in writing, or a contract of which a memorandum or note thereof in writing has been made and signed by the parties thereto or by some other person or persons authorised by them in that behalf, and, in relation to a compensatable estate in land conveyed or assigned without a preliminary contract, is a reference to the conveyance or assignment; and any reference to the making of a contract is a reference to the signing thereof or (if it was not in writing) to the signing of the memorandum or note thereof. under any provision of this Act, a document or notice is required to be served on a person entitled to an estate in any land; and it is not practicable, after reasonable inquiry, to ascertain the name or address of any such person; that document or notice shall be taken to have been duly served if it is addressed to that person by his name, if known to the Ministry, or if his name is not so known, if it is addressed to “all persons entitled to an estate” in the land (describing it) and in either case by delivering the document or notice to some responsible person on the land or, if there is no such person on the land to whom it may be delivered, by affixing the document or notice or a copy thereof so addressed to a conspicuous object on the land. Where under any provision of this Act the value of an estate in any land is required to be assessed on the assumption that planning permission would be granted for development other than new development that assumption shall be made on the footing that any such development must comply with the provisions of any statutory provision, other than the Planning Acts (Northern Ireland) 1931 and 1944, which would be applicable thereto. In the application of this Act to registered land in respect of which a charge for the payment of a principal sum has been created under section 40 of the Local Registration of Title (Ireland) Act 1891 any reference to a mortgage shall be construed as a reference to the charge; any reference to a mortgagee shall be construed as a reference to the registered owner of the charge. S. 44 spent S. 45, with Schedule 5, effects repeals This Act may be cited as the Land Development Values (Compensation) Act (Northern Ireland) 1965. Subs.(2) rep. by 1972 NI 17 The carrying out of any of the following works, that is to say— the rebuilding, as often as occasion may require, of any building which was in existence at the date of the passing of this Act, or of any building which was in existence before that date but was destroyed or demolished within the period of five years ending with that date; the rebuilding, as often as occasion may require, of any building erected after the passing of this Act which was in existence at a material date; the rebuilding as often as occasion may require of any building destroyed or demolished by war damage, not being a building existing at the date of the passing of this Act; the making good of war damage sustained by any building; so long as the cubic content of the building does not exceed the cubic content of the original building— (where the original building is a dwelling house)—by more than ten per cent. or seventeen hundred and fifty cubic feet, whichever is the greater; (where the original building is not a dwelling house)—by more than ten per cent. Any reference in sub-paragraph (1) to the original building is a reference to the building which existed at a time before any rebuilding mentioned in that paragraph was first executed and not to the building resulting from the execution of any such rebuilding. The use as two or more separate dwelling houses of any building which at a material date was used as a single dwelling house. Subject to sub-paragraph (2), the enlargement, improvement or other alteration, as often as occasion may require, of any such building as is mentioned in paragraph 1(1)( a), ( b) or ( c), or any building substituted for such a building by the carrying out of any such operations as are mentioned in that paragraph so long as the cubic content of the original building is not exceeded or increased by more than the amount specified in paragraph 1(1)(i) or (ii), as the case may require. Sub-paragraph (1) shall not extend to works involving an increase in the cubic content of a building erected after the passing of this Act (including a building resulting from the carrying out of such works as are described in paragraph 1). Para. 4 rep. by 1972 NI 17 The getting, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes. In the case of a building or other land which, at a material date, was used for a purpose falling within any general class specified in any paragraph of Part II of Schedule 2, or which, being unoccupied on the date of the passing of this Act, was last used (otherwise than before the day beginning the period of five years ending with that date) for any such purposes, the use of that building or land for any other purpose falling within the same paragraph. In the case of any building or other land which, at a material date, was in the occupation of a person by whom it was used as to part only for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on the date of the passing of this Act, or on the day thereafter when the building began to be so used, or, as the case may be, one-tenth of the area of the land so used on that day. The deposit of waste materials or refuse in connection with the working of minerals, on any land comprised in a site which at a material date was being used for that purpose, so far as may be reasonably required in connection with the working of those minerals. For the purposes of this Schedule cubic content shall be ascertained by external measurement. Where, after the passing of this Act— any building or works have been erected or constructed, or any use of land has been instituted; and a condition has been imposed under the Planning Act, limiting the period for which the building or works may be retained, or the use continued; this Schedule shall only apply in relation to the period specified in the condition. For the purposes of paragraph 3— the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building; and where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings. In this Schedule “at a material date” means at either of the following dates— the date of the passing of this Act; and (subject to sub-paragraphs (2) and (3)) the date by reference to which this Schedule falls to be applied to the particular case in question. Sub-paragraph (1)( b) shall not apply in relation to any use of land in respect of which before the date mentioned in that sub-paragraph, the planning authority have made an order under section 4(1)( b) of the Act of 1944 prohibiting that use [ or an enforcement notice under section 138 or 139 of the Planning Act served before that date has become or becomes effective]. Sub-paragraph (1)( b) shall not apply in relation to any buildings or works in respect of which, whether before or after the date mentioned in that sub-paragraph, the planning authority [ or the Ministry] have become, or become, entitled, under a notice served under the Schedule to the Act of 1944 [ or under the Planning Act] before that date, to take any action under section 4(1)( a) of that Act in accordance with that section and that Schedule [ or that Act]. In this Schedule— “article” means an article of any description, including a ship or vessel; “betting office” means any premises in respect of which there is in force a bookmaking office licence under the Betting and Lotteries Act (Northern Ireland) 1957 ; “funfair” includes an amusement arcade or pin-table saloon; “general industrial building” means an industrial building other than a light industrial building or a special industrial building; “hotel” has the same meaning as in the Hotel Proprietors Act (Northern Ireland) 1958 ; “industrial building” means a building (other than a building in or adjacent to and belonging to a quarry or mine and other than a shop) used for the carrying on of any process for or incidental to any of the following purposes, that is to say:— the making of any article or part of any article; or the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or without prejudice to paragraphs ( a) and ( b), the getting, dressing or treatment of minerals; being a process carried on in the course of a trade or business other than agriculture; “light industrial building” means an industrial building (not being a special industrial building) in which the machinery installed or the processes carried on are such as could be installed or carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit; “motor vehicle” has the same meaning as in the Road Traffic [ (Northern Ireland) Order 1981 ]; “office” includes a bank, but does not include a betting office or post office; “shop” means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser or undertaker or for the reception of goods to be washed, cleaned, or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, petrol filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquor for sale on the premises; “special industrial building” means an industrial building used for one or more of the purposes specified in paragraphs 5 to 9 of Part II. In this Schedule any reference to a building includes a reference to land occupied therewith which is used for the same purposes. Where a group of contiguous or adjacent buildings used as parts of a single undertaking includes industrial buildings used for purposes falling within two or more of the classes specified in paragraphs 3 to 9 of Part II, the particular classes in question may, in relation to that group of buildings, be treated as a single class for the purposes of this Schedule if the area occupied in the group by general or special industrial buildings is not substantially increased by reason of being so treated. A use which is ordinarily incidental to and included in any use specified in Part II is not excluded from that use as an incident thereto merely because it is also specified in that Part as a separate use. Use as a shop for any purpose except as— a fish and chip shop; a shop for the sale of pet animals or birds; a shop for the sale of pets' meat otherwise than in sealed containers; or a shop for the sale of motor vehicles. Use as an office for any purpose. Use as a light industrial building for any purpose. Use as a general industrial building for any purpose. Use for any work which is registrable under the Alkali, & co. Works Regulation Act 1906, except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine. Use for any of the following processes, except as mentioned in sub-paragraph (1), so far as not registrable under the Act referred to in that sub-paragraph:— converting, re-heating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys; recovering of metal from scrap or drosses or ashes; galvanising; pickling or treatment of metal in acid; or chromium plating. Use for any of the following processes (except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine)— Use for any of the following processes so far as not included in paragraph 5 and except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine:— burning of building bricks; lime or dolomite burning; production of calcium carbide; foaming, crushing or screening of stone or slag. Use, so far as not included in paragraph 5, for the production or employment of cyanogen or its compounds.