Section 37 — TOWN AND COUNTRY PLANNING ACT 1976

(a)

for the development of whose land planning permission has been refused under subsection 22(3) on the grounds that the land is indicated in the development plan, whether expressly or by implication, as land intended for a public purpose and who claims that, by reason of the refusal, the land is incapable of reasonable beneficial use; or

(b)

who claims that, by reason of compliance with a requisition notice in respect of his land served on him under section 30, the land is incapable of reasonable beneficial use, may, in the prescribed manner, serve on the local planning authority a purchase notice in the prescribed form, requiring his interest in the land to be purchased in accordance with this section.

(2)

There shall be served with the purchase notice a statement of the facts and reasons to justify the claims in the notice, together with copies of any available documents, including affidavits, that may furnish proof of the facts and reasons.

(3)

The local planning authority shall investigate the claim made in every purchase notice served under subsection (1) and, if it is satisfied that the notice is in the prescribed form and has been prepared and served in the prescribed manner, shall submit the notice to the State

Authority together with the statement and any other documents served with the notice and—

(a)

in the case of a purchase notice of a person claiming under paragraph (1)(a), a detailed report concerning the refusal of planning permission giving rise to the claim, a statement of the specific purpose for which the land is intended, and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use;

and

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(b)

in the case of a purchase notice of a person claiming under paragraph (1)(b), details of the requisition notice giving rise to the claim and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use.

(4)

If the local planning authority is not satisfied that the purchase notice is in the prescribed form or has been prepared or served in the prescribed manner, it shall reject the purchase notice, but without prejudice to the service of another purchase notice.

(5)

The State Authority, after considering the purchase notice and all other matters submitted by the local planning authority under subsection (3), shall—

(a)

if the State Authority is satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use, reject the purchase notice; or

(b)

if the State Authority is not satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use or is satisfied that the land is not capable of such use, direct the local planning authority to initiate steps towards the acquisition of the land in accordance with the provisions of the Land

Acquisition Act 1960 [Act 486].

(6)

For the purposes of the Land Acquisition Act 1960—

(a)

any land intended to be acquired pursuant to this section shall be deemed to be needed by the local planning authority;

(b)

the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and

(c)

the land shall be deemed to be needed for the purpose referred to in paragraph 3(1)(b) of the Act.

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(7)

Notwithstanding any law to the contrary, in assessing the amount of compensation to be paid for the acquisition of any land pursuant to subsection (5), the land shall be treated as if it had not been indicated in the development plan as land intended for a public purpose and was not in fact so intended or, as the case may be, as if the requisition notice served under section 30 in respect of the land had not been served and there had been no compliance with the notice.