sec.74Cases where compensation not payable

### sec.74 Cases where compensation not payable Compensation is payable under section 73 to a person only if a claim is given to the chief executive within 1 year after— the day when the relevant decision took effect; or the day when the person was first notified by the chief executive of the decision; whichever is the later. However, the chief executive may allow a claim to be made at a later time. The chief executive is not liable to pay compensation for action under this subdivision in relation to land if action is taken to acquire the land. Also, the chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made on an application by a person with an interest in the land in any of the following circumstances— if— there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; if— there is a proposed, ongoing or completed development of the land that— involves a material change of use of premises or reconfiguring a lot; or has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; if the decision has the effect mentioned in section 73 (2) . Subsection (4) applies whether or not the application results from action taken under section 69 . The chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made in relation to a planning application— if— the planning application relates to a material change of use or reconfiguring a lot; and the decision has the effect mentioned in section 73 (1) (a) or (b) ; or if— the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the decision has the effect mentioned in section 73 (1) (b) ; or if the decision has the effect mentioned in section 73 (2) . In this section— premises see the Planning Act , schedule 2 . s 74 amd 2000 No. 6 s 18 ; 2008 No. 31 s 72 sch ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 564 (sec.74-ssec.1) Compensation is payable under section 73 to a person only if a claim is given to the chief executive within 1 year after— the day when the relevant decision took effect; or the day when the person was first notified by the chief executive of the decision; whichever is the later. (sec.74-ssec.2) However, the chief executive may allow a claim to be made at a later time. (sec.74-ssec.3) The chief executive is not liable to pay compensation for action under this subdivision in relation to land if action is taken to acquire the land. (sec.74-ssec.4) Also, the chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made on an application by a person with an interest in the land in any of the following circumstances— if— there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; if— there is a proposed, ongoing or completed development of the land that— involves a material change of use of premises or reconfiguring a lot; or has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; if the decision has the effect mentioned in section 73 (2) . (sec.74-ssec.5) Subsection (4) applies whether or not the application results from action taken under section 69 . (sec.74-ssec.5A) The chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made in relation to a planning application— if— the planning application relates to a material change of use or reconfiguring a lot; and the decision has the effect mentioned in section 73 (1) (a) or (b) ; or if— the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the decision has the effect mentioned in section 73 (1) (b) ; or if the decision has the effect mentioned in section 73 (2) . (sec.74-ssec.6) In this section— premises see the Planning Act , schedule 2 . - (a) the day when the relevant decision took effect; or - (b) the day when the person was first notified by the chief executive of the decision; - (a) if— (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; - (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and - (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; - (b) if— (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; - (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (A) involves a material change of use of premises or reconfiguring a lot; or - (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; - (c) if the decision has the effect mentioned in section 73 (2) . - (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and - (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; - (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (A) involves a material change of use of premises or reconfiguring a lot; or - (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; - (A) involves a material change of use of premises or reconfiguring a lot; or - (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (a) if— (i) the planning application relates to a material change of use or reconfiguring a lot; and (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or - (i) the planning application relates to a material change of use or reconfiguring a lot; and - (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or - (b) if— (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and (ii) the decision has the effect mentioned in section 73 (1) (b) ; or - (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (ii) the decision has the effect mentioned in section 73 (1) (b) ; or - (c) if the decision has the effect mentioned in section 73 (2) . - (i) the planning application relates to a material change of use or reconfiguring a lot; and - (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or - (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and - (ii) the decision has the effect mentioned in section 73 (1) (b) ; or