Section 63: No compensation in certain cases

63. No compensation in certain cases (1) No compensation shall be payable in respect of the refusal of a permit authority to permit the erection of a building or the development of any land under section 30. (Subs. (1) not in operation.) (2) No compensation shall be payable in respect of a building, the erection of which was begun after the date of the coming into operation of a planning instrument, unless the erection was begun under, and erected in accordance with, a development permit issued by a permit authority. (3) No compensation shall be payable in respect of a condition imposed in respect of permission granted under section 30 to develop land or to construct, demolish, alter, extend, repair or renew buildings. (Subs. (3) not in operation.) (4) No compensation shall be payable in respect of any provision in the planning instrument which— (a) prescribes the locations of buildings, the extent of the yards, gardens and curtilage of buildings; (b) imposes any sanitary conditions in connection with buildings; (c) limits the number of buildings, or the number of buildings of a specified class, which may be constructed, erected on or made in or under any area; (d) restricts, within the limits, the erection of buildings along main roads in any area; (e) prohibits or regulates morcellement; (f) regulates or empowers any person to regulate the size, height, spacing, design, colour and materials of buildings; [Issue 5] P11 – 38 Revised Laws of Mauritius (g) controls, restricts or prohibits the objects which may be affixed to buildings; (h) prohibits or restricts building operations permanently on the ground that by reason of the situation or nature of the land the erection of buildings thereon would be likely to involve danger or injury to health or excessive expenditure or public money in the provision of roads, sewers, water supply or other public services; (i) prohibits, otherwise than by way of prohibition of building operations, the use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbourhood, or restricts, otherwise than by way of restriction of building operations, the use of land so far as may be necessary for preventing such danger, injury or detriment; (j) restricts the purposes for, and the manner in, which land or buildings may be used or occupied, or reserves or allocates any particular land or all land in any particular area for buildings of a specified class or classes or to be used for a specified purpose; continued on page P11 – 43 P11 – 39 [Issue 5] to the neighbourhood, or restricts, otherwise than by way of restriction of building operations, the use of land so far as may be necessary for preventing such danger, injury or detriment; (j) restricts the purposes for, and the manner in, which land or buildings may be used or occupied, or reserves or allocates any particular land or all land in any particular area for buildings of a specified class or classes or to be used for a specified purpose; continued on page P11 – 43 P11 – 39 [Issue 5] Revised Laws of Mauritius (k) in the interests of safety, regulates or empowers any person to regulate the height and position of proposed walls, fences or hedges near the comers or bends of roads; (l) limits the number, or prescribes the sites, of new roads entering a road or the site of a proposed road; (m) in the case of the erection of a building intended to be used for purposes of business or industry, requires the provision of accommodation for parking, loading, unloading or fuelling vehicles, with a view to preventing obstruction of traffic on a road; (n) prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground or on a building, or a temporary erection of all or any particular forms of advertisements or other public notices; (o) prevents, remedies or removes injury to amenities arising from the ruinous or neglected condition of a building or by the objectionable or neglected condition of any land attached to a building or abutting on a road or situate in a residential area; or (p) regulates the erection of advertising structures. (5) (a) Where any provision of a planning instrument is revoked or modified by a later planning instrument, no compensation shall be payable in respect of any property on the ground that it has been injuriously affected by any provision contained in the later planning instrument if, and in so far as, that later provision is the same, or substantially the same, as the revoked or modified provision. (b) Where at the date the revocation or modification of that earlier provision becomes operative— (i) there is still outstanding a claim for compensation duly made under it; or (ii) the claim is not made within a period of 3 months from the date of the revocation or the modification, any such outstanding claim and any such claim made within that period shall be entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier planning instrument had continued in operation, unless the claim is in respect of a restriction removed by the later planning instrument. (6) Nothing in subsection (4) shall preclude an owner from claiming compensation for loss or injury arising from— (a) being prevented by the operation of a planning instrument from maintaining an existing building or from continuing to use the building for the purpose for which it was used on such date; or (b) where a permanent building, which was in existence at any time within 2 years immediately before the date of the coming into operation of the planning instrument, has been demolished or P11 – 43 [Issue 5] Planning and Development Act been destroyed by fire or otherwise, being prevented by the operation of the planning instrument from erecting on the site of the demolished or destroyed building a new building which substantially replaces the demolished or destroyed building or from using the new building for the purpose for which the demolished or destroyed building was last used.