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XCC(74)45
(c) where the approved development had been
temporarily frustrated but could be modified on completion of the Mass Transit Railway works that had affected it, the owner could be compensated for loss (arising from the approved development having to be delayed and modified) in other than cash terms, e. g. by allowing a greater building volume in development under section 42 of the Buildings Ordinance (Chapter 123).
Where the Director is unable to negotiate a satisfactory settlement along the foregoing lines, he must have recourse to the compensation provisions in Item 10 of Part I of the Schedule.
Part IV
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The fourth part of the bill contains general provisions regarding rights to compensation as well as the provisions for making claims, and would appear to be adequately amplified by the explanatory memorandum. The specific heads of compensation and the bases upon which these are assessed are set out in Part I of the Schedule, while Part II of the Schedule sets out the principles of assessment.
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Two noteworthy points under this part of the bill are:
(a) that the Director of Public Works may settle a
claim administratively (clause 22(6)(a) and clause 24) and in the majority of cases settlement is expected to be made in this way. It is only where the Director and the claimant are unable to reach a settlement that the proposed Lands Tribunal will be invited to adjudicate the claim;
(b) that where the cost of repairing structural damage
to any building resulting from the construction or operation of the railway is disproportionate to the value of the building, the property may be resumed notwithstanding the fact that it might not lie within the railway area.
Part V
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A bill to set up a Lands Tribunal is being put before Honourable Members. If that bill should be enacted before this one,
the Lands Tribunal will determine all disputed claims for compensation.
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