sec.29Certain cases deemed not to be injurious affection

### sec.29 Certain cases deemed not to be injurious affection For the purposes of this Act, an estate or interest in land shall be deemed not to be injuriously affected— if the provision of an approved plan is the same or substantially the same as a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or if the act or omission done or made under an approved plan and claimed to have injuriously affected that estate or interest is an act or omission required to be done or made by a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or by a prohibition or restriction upon the use to which that land may be put, imposed by or under an approved plan, unless the claimant for compensation establishes that immediately prior to the coming into force of the plan the claimant was lawfully entitled— in the case of a prohibition—to put that land to the use so prohibited; or in the case of a restriction—to put that land without restriction to the use so restricted; or by works required, by or under an approved plan, to be constructed or carried out by the claimant for compensation or by a person from whom the claimant holds his or her estate or interest for the benefit of that land. - (a) if the provision of an approved plan is the same or substantially the same as a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or - (b) if the act or omission done or made under an approved plan and claimed to have injuriously affected that estate or interest is an act or omission required to be done or made by a provision of law applicable in respect of that land immediately prior to the coming into force of the plan; or - (c) by a prohibition or restriction upon the use to which that land may be put, imposed by or under an approved plan, unless the claimant for compensation establishes that immediately prior to the coming into force of the plan the claimant was lawfully entitled— (i) in the case of a prohibition—to put that land to the use so prohibited; or (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or - (i) in the case of a prohibition—to put that land to the use so prohibited; or - (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or - (d) by works required, by or under an approved plan, to be constructed or carried out by the claimant for compensation or by a person from whom the claimant holds his or her estate or interest for the benefit of that land. - (i) in the case of a prohibition—to put that land to the use so prohibited; or - (ii) in the case of a restriction—to put that land without restriction to the use so restricted; or