Section 236
Compensation in respect of approved sub-division
—
Whenever under section 232(1) the State Planning
Authority requires the proprietor to make provision for the construction of roads, the making of reserves or the completion to the satisfaction of the Superintendent of the work of making roads and reserves, or the provision of car parks or car parking spaces on the land or on such alternative site or place as may be approved by the
State Planning Authority, the following provisions shall have effect—
(a)
where the total area of the reserves to be set aside for public parks or open spaces does not exceed one-tenth of the area of the land to be sub-divided or developed, no compensation shall be payable;
(b)
in so far as the area of the reserves to be set aside for public parks or open spaces exceeds that fraction—
(i)
compensation shall be payable by the State
Government in respect of the excess to the extent to which, if at all, the value of such excess is greater than any increase in the value of the land as a result of the approval for the sub-division thereof granted by the State Planning
Authority; and
(ii)
such compensation may be off-set against any premium payable for the new issue of document of titles for the sub-divisional lot or lots under section 244;
(c)
no compensation shall be payable in respect of—
(i)
any land required to be set aside for the construction of any road, not being a road of more than twenty-five metres in width;
(ii)
the cost of making any road, not being a road of more than twenty-five metres in width, required by the
State Planning Authority to be made and the cost of completing such road to the satisfaction of the Director;
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(iii)
any land or any part thereof which was at the material date in a dangerous, ruinous, dilapidated, unsafe or unsanitary condition; or
(iv)
any building the erection of which was begun after the date of coming into force of this section, unless such erection was begun and completed in accordance with a permit in writing from the local authority;
(d)
for the purpose of determining the amount of compensation payable under this section, the value of any land shall, without prejudice to the provisions of paragraphs (a), (b)
and (c), be deemed to be the value of the land at the date of the approval of the plan under section 232;
(e)
the number of car parking spaces to be provided shall be determined having regard to the usage of the land or the building intended to be built thereon or, alternatively, the State
Planning Authority may accept such amount as may be fixed by rules made under section 248 as payment in lieu of the provision of each car parking space required.
(2)
Notwithstanding subsection (1), no proprietor shall be entitled to any compensation in respect of any land which is already at the date of coming into force of this section vested in or reserved to the Government under section 38.
(3)
For the purpose of this section, the expressions “open space” and “public park” shall have the same meanings as assigned to them in the Public Parks and Greens Ordinance, 1993 [Cap. 3].