Section 19: No compensation in certain cases

19. No compensation in certain cases (1) No compensation shall be payable in respect of the refusal of a local authority to permit the erection of a building or the development of any land under section 7. (2) No compensation shall be payable in respect of a building the erection of which was begun after the date of the publication of the Order declaring a planning area under section 6, unless the erection was begun under, and erected in accordance with, the permission of the Board, or a committee in the exercise of powers delegated to it by the Board, or a local authority. (3) No compensation shall be payable in respect of a condition imposed in respect of permission granted under section 7 (3) to develop land or to construct, demolish, alter, extend, repair or renew buildings. (4) No compensation shall be payable in respect of any provision in the scheme 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 due limits, the erection of buildings along main roads in any area; (e) prohibits or regulates the subdivision of land; (f) regulates or empowers any person to regulate the size, height, spacing, design, colour and materials of buildings; (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; [Issue 1] T13 – 10 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 corners 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) fixes, in relation to a road or intended road, a line beyond which no building in that road or intended road may project unless, within the 2 years immediately preceding the publication of an Order under section 6 declaring the planning area within which the scheme lies, the land was or formed part of the site of a building; (n) 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; (o) prohibits, restricts or controls, either generally or in particular places, the exhibition cation of an Order under section 6 declaring the planning area within which the scheme lies, the land was or formed part of the site of a building; (n) 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; (o) prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground, on a building or a temporary erection of all or any particular forms of advertisements or other public notices; or (p) 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. (5) (a) Where any provision of a scheme is revoked or modified by a later scheme, 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 scheme 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 time originally limited for making such a claim has not expired, any such outstanding claim and any such claim made within the time so limited shall be entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier scheme had continued in operation, unless the claim is in respect of a restriction removed by the later scheme. (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 scheme from maintaining an existing building or from continuing to use the building for the purpose for which it was used on such date; or T13 – 11 [Issue 1] Town and Country Planning Act (b) where a permanent building, which was in existence at any time within 2 years immediately before the date of the publication of an Order declaring a planning area under section 6, has been demolished or been destroyed by fire or otherwise, being prevented by the operation of a scheme 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.