(5)Every application by the responsible authority under the next preceding sub-section of this section for a payment of betterment calculated in accordance with that sub-section shall be made within twelve months (or such longer period as shall be allowed by the planning scheme) after the property or the portion thereof, in relation to which such application is made, is so sold, leased, or let or is begun to be so used as to entitle the responsible authority to make such application.
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(6)Where a requisition is made under the foregoing provisions of this section by a statutory undertaker in respect of property occupied by him, then so long as such property continues to be occupied by such statutory undertaker and is used by him for the purposes or any of the purposes of his undertaking, such property shall not be deemed to be used for a purpose or in a manner substantially different within the meaning of this section from the purpose for and the manner in which it was used at the date of the application for payment of betterment in relation to which such requisition was so made.
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(7)Every responsible authority shall enter in the register the prescribed particulars of every such requisition, and shall not be entitled to any further payment for betterment under sub-section (4) of this section in respect of any property unless the said particulars of the said requisition in relation to such property are so entered in the register within one week after the service of such requisition.
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(8)Whenever any property which is the subject of a requisition duly entered in the register in accordance with the foregoing sub-section of this section or any portion of such property is, within fourteen years after the date of the application which occasioned the service of such requisition, sold, leased for any term, or let in any form of tenancy or is used for a purpose or in a manner substantially different from the purpose for or manner in which it was used at the date of such application, it shall be the duty of the person by whom such application was made or of any other person upon whom such property or such portion thereof has devolved by operation of law to serve on the responsible authority by whom such requisition is so entered in the register notice in writing of such sale, lease, letting, or change of user (as the case may be) within fourteen days after the occurrence thereof, and if he fails so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceeding one pound for every day during which such failure continues.
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Application of moneys paid as payment for betterment.
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74.—Moneys received by a responsible authority as payment for betterment shall be applied by such authority in accordance with the following provisions, that is to say:— (a) in so far as such moneys consist of payment for betterment in respect of the execution of work by such responsible authority, such moneys shall be applied in or towards the payment of the expenses incurred by such responsible authority in the execution of such work, and the balance (if any) of such moneys remaining after discharging such expenses shall be applied towards discharging the expenses incurred by such responsible authority in the execution of the planning scheme in pursuance of which such work was so executed; (b) in so far as such moneys consist of payment for betterment in respect of the enforcement or coming into operation of a provision contained in a planning scheme, such moneys shall be applied in or towards the payment of compensation payable by such responsible authority in respect of the enforcement or coming into operation of such provision, and the balance (if any) of such moneys remaining after the payment of such compensation shall be applied towards discharging the expenses incurred by such responsible authority in the execution of such planning scheme.
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Arbitration on applications for compensation or payment for betterment.
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75.—(1) Every application by any person for payment of compensation under this Part of this Act by the responsible authority and every application by the responsible authority for payment for betterment by any person shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner in all respects as if such application arose in relation to the compulsory acquisition of land and such compensation or payment for betterment were the price of land compulsorily acquired, and the said Acts shall apply accordingly but subject to the subsequent provisions of this section.
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(2)On any arbitration under this section, the arbitrator shall have jurisdiction to determine whether compensation or payment for betterment is in the circumstances of the particular case payable at all, and if such arbitrator finds that such compensation or payment for betterment is payable he shall have jurisdiction to determine the amount thereof, and (in the case of compensation) the person to whom it is payable, and (in the case of payment for betterment) the person by whom it is payable, and (in any case) the time or times at which such compensation or payment for betterment shall be paid and, in particular, whether it is to be paid in one sum or by instalments and, if it is to be paid by instalments, the number, amount, and times of payment of such instalments and the provision to be made for payment of interest on the amount for the time being outstanding and unpaid.
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(3)When the amount of any compensation or payment for betterment is being determined on an arbitration under this section, the arbitrator shall have regard, in the case of compensation, to any undertaking given by the planning authority or the responsible authority and, in the case of payment for betterment, to any undertaking given by the person from whom such payment for betterment is claimed.
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Recovery of compensation payable by the responsible authority.
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76.—(1) All compensation payable under this Part of this Act by the responsible authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from such authority as a civil debt in any Court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the responsible authority, be likewise recoverable from such authority as a civil debt in any Court of competent jurisdiction.
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(2)Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845 , as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a civil debt as if such moneys were a price or compensation under the said Act as so amended or adapted.
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(3)Where money is paid into the High Court under section 69 of the Lands Clauses Consolidation Act, 1845 , as applied by this section, by the responsible authority, no costs shall be payable by such responsible authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.
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Recovery by the responsible authority of payment for betterment.
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77.—Every sum of money payable under this Act to the responsible authority by way of payment for betterment shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable by such authority as a civil debt in any court of competent jurisdiction and shall also become and be, as on and from the date on which the amount thereof is so determined, a charge on the estate or interest in property in respect of which it is payable.
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Registration and enforcement of charges on property.
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78.—(1) Whenever any sum of money becomes by virtue of this Act a charge on any land, structure, or other property, or on any estate or interest therein, the responsible authority shall enter the prescribed particulars of such charge in the register within one month after the date on which such sum so becomes such charge, and, if such responsible authority does not enter such particulars, such charge shall, at the expiration of the said month, be and be deemed always to have been unenforceable, but without prejudice to proceedings by way of action for debt for recovery of the said sum of money.
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(2)Whenever the Minister is satisfied, on the application of the responsible authority, that any charge created by this Act on any land, structure, or other property, or on any estate or interest therein cannot be enforced by legal proceedings by reason of uncertainty as to the ownership of such property or such estate or interest the Minister may by order empower such responsible authority to sell the property or the estate or interest therein affected by such charge.
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(3)No order shall be made by the Minister under the next preceding sub-section of this section unless or until notice of the intention to make such order has been published by advertisement at least once in each of two newspapers circulating in the district in which the property to which such order is intended to relate is situate.
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(4)When an order is made by the Minister under this section empowering the responsible authority to sell any property or any estate or interest in property, it shall be lawful for such authority to sell such property or estate or interest by public auction, to bid and buy at such auction, to receive the purchase money, and to convey effectively such property or estate or interest to the purchaser thereof.
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(5)When the responsible authority sells any property or any estate or interest in property under this section, such authority shall, out of the purchase money, retain the costs of such sale and (so far as such purchase money will extend) the moneys for the recovery of which such sale was held and shall pay the balance (if any) of such purchase money into the High Court under section 69 of the Lands Clauses Consolidation Act, 1845 , as amended or adapted by or under any subsequent Act as if such balance were such price or compensation as is mentioned in that section, and thereupon that section and section 70 of the said Act as so amended or adapted shall apply in relation to such balance, but no costs shall be payable by such authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such balance.
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FIRST SCHEDULE.
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Regulations by the Minister.
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1.The notices to be given by the planning authority and the times at or within which such notices are to be given and in the case of notices to persons, the persons to whom and the manner in which such notices are to be given, and in the case of notices to the public, the nature of the advertisements or other means by which such notices are to be given and published.
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2.The documents (including maps and plans) to be deposited by the planning authority, the places in which and times at or within which such documents are to be deposited.
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3.The inspection by persons interested of documents (including maps and plans) deposited in pursuance of the regulations.
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4.The matters to be specified in particular documents or shown on particular maps or plans and the scale on which any particular map or plan is to be drawn.
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5.The manner in which planning schemes are to be submitted to the Minister for his approval.
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6.The documents and information to be furnished by a planning authority to the Minister for the purpose of the consideration by him of a planning scheme.
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7.The manner in which, and the times at or within which objections to or representations in respect of a planning scheme may be made to the planning authority or to the Minister.
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8.Securing co-operation by the planning authority with owners of property and other persons likely to be affected by the planning scheme.
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9.For securing that local authorities who are likely to be affected by a planning scheme shall, as soon as possible after the passing of a resolution for the preparation of a planning scheme, receive notice of the passing of such resolution, and shall be furnished by the planning authority with a copy of the planning scheme before it is submitted to the Minister, and shall be entitled to be heard at any public inquiry held in relation to the planning scheme.
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10.For enabling planning authorities and responsible authorities to obtain (with or without charge) information, which they require for the purposes of or in connection with the preparation, making, or carrying into effect of planning schemes, by inspection of or obtaining copies from rate books and other similar documents which are not in their custody.
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SECOND SCHEDULE.
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Particular Matters for which Provision may be made by Planning Schemes.
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PART 1.
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Roads.
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1.Providing for the construction of new roads, the improvement of existing roads, and the establishment of public rights of way by the responsible authority.
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2.Providing for the closing or diverting of existing roads and public and private rights of way.
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3.Restricting and controlling the construction of new roads and the alteration of existing roads, whether by the responsible authority or private owners.
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4.Regulating the line, width, level, construction and general dimensions and character of roads, whether new or existing.
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5.Enabling the responsible authority to require an owner of land, as a condition of his developing such land in any manner, either— (a) to construct new roads or improve existing roads, or (b) to contribute to the cost of the construction of new roads or the improvement of existing roads by the responsible authority.
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6.Providing for and generally regulating the construction, or execution, whether by the responsible authority or by private owners of works incidental to the making or improvement of any road, including the erection of shelters, provision of seats, and planting and protecting of grass, trees, or shrubs on or adjoining such road.
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PART II.
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Buildings and other Structures.
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1.Regulating and controlling, either generally or in particular areas, all or any of the following matters, that is to say:— (a) the size, character, height, spacing, and frontage line of buildings and other structures, (b) the objects which may be affixed to structures, (c) the extent of the yards, gardens, and curtilage of buildings and other structures, (d) the purposes for and the manner in which structures may be used or occupied.
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2.Regulating and controlling or enabling the responsible authority to regulate and control the design, colour, and materials of buildings and other structures.
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3.Reserving or allocating any particular land or all land in any particular area for structures of a specified class or classes or prohibiting or restricting, either permanently or temporarily, the making of any structures or any particular class or classes of structures on any specified land.
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4.Limiting the number of structures or the number of structures of a specified class which may be constructed, erected, or made on, in, or under any area.
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5.Providing for the demolition or alteration of structures which are inconsistent with or obstruct the operation of the planning scheme.
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PART III
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Amenities.
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1.Providing for the reservation of particular lands for use as public parks, recreation grounds, open spaces, allotments, or other particular purposes, whether public or private.
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2.Providing for the preservation of views and prospects and of the amenities of places and features of natural beauty or interest.
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3.Providing for the preservation of structures and objects of artistic, architectural, archæological, or historical interest.
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4.Providing for the preservation or protection of forests, woods, trees, shrubs, plants, and flowers.
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5.Prohibiting, restricting, or controlling, either generally or in particular places the exhibition, whether on the ground, on any structure, or any temporary erection, on any vehicle, boat or other movable object (whether on land or on or in water) or in the air, of all or any particular forms of advertisements or other public notices.
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6.Preventing, remedying, or removing injury to amenities arising from the ruinous or neglected condition of any structure or by the objectionable or neglected condition of any land attached to a structure or abutting on a road or situate in a residential area.
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7.Enabling the responsible authority, with the consent of the Minister, to make regulations for the prevention of injury to amenities by noise.
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PART IV
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Public Services.
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Providing for the undertaking, improvement, or extension by the responsible authority of public services in relation to water supply, sewage, drainage, sewage disposal, and refuse disposal or any of them.
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PART V
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Transport and Communication.
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1.Facilitating the establishment, extension or improvement of systems of transport, whether by land, water, or air.
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2.Allocating sites for use in relation to transport and providing for the reservation of land for that purpose.
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3.At the request and with the co-operation of the Minister for Posts and Telegraphs, facilitating the establishment, extension, or improvement of postal, telegraphic, and telephonic communication, allocating sites for use in relation to such communication and providing for the reservation of land for that purpose.
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PART VI
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Miscellaneous.
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1.Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demolition, removal, or alteration) in pursuance of the planning scheme are to be borne.
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2.Subject to the regulations made by the Minister under this Act, declaring the notices to be served for the purposes of the planning scheme by the responsible authority and the persons on whom, the manner in which, and the times at or within which such notices are to be served.
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3.Subject to this Act and the said regulations, declaring the manner in which and the times at or within which notices for the purposes of the planning scheme may be served on the responsible authority by other persons.
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4.Providing for and regulating the making of agreements for the purposes of the planning scheme by the responsible authority with owners of property and other persons and by such persons with one another.
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