asked the Minister for Local Government what redress is available to a developer who purchased property with a view to carrying out a development in accordance with the provisional town plan for Dublin city in a case where Dublin Corporation decide, now that they are no longer bound by the provisions of this plan, to refuse general approval for such a development, although the proposals for the development were lodged with the Corporation before the Local Government (Planning and Development) Act, 1963 came into operation.
Ceisteanna—Questions. Oral Answers. - Dublin City Development.
32.
In the circumstances described by the Deputy, the developer concerned would be entitled to appeal to me within the appropriate period against the Corporation's decision. If he decides not to appeal or if his appeal is not successful, and he considers that as a result of the decision the value of his interest in the land affected is reduced, it would be open to him to claim compensation from the planning authority under the provisions of section 55 of the Local Government (Planning and Development) Act, 1963. Alternatively, if permission for development has been refused on appeal and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and that it cannot be rendered capable of such use by the carrying out of any other development for which permission has either been granted or promised, he may serve a notice on the planning authority requiring them to purchase his interest in the land in accordance with the provisions of section 29 of the Act.