asked the Minister for the Environment the plans, if any he has to close the loopholes in the planning laws which leave local authorities liable to compensation claims from developers where planning permission is refused; and if he will make a statement on the matter.
Written Answers. - Compensation Claims from Developers.
52.
In general, there is a right to compensation if, as a result of a refusal of permission to develop land, or the grant of permission subject to conditions, the value of an interest of any person in the land is reduced. The retention of this general principle, and its proper application, is fundamental to the planning system. However, compensation is not payable in a wide range of circumstances, for example, if the development would endanger public safety by reason of traffic hazard, if it is premature because of deficiency in water or sewerage services, if it would destroy any view or prospect of special amenity or value or special interest, and so on.
I am, of course, very conscious of the need to ensure that the Planning Acts do not provide the opportunity for individuals to make unreasonable gains at the expense of the community. The legislation is being examined in my Department at present with a view to seeing what amendments are desirable and possible and, in particular, whether the classes of cases in which no compensation is payable could be extended. The whole area of compensation is, however, a very complex one with major constitutional issues involved and there is a delicate balance to be struck between the rights of the individual, including property rights, and the rights and interests of the community at large.