(1) No compensation shall be payable for any injurious affection of land arising from the operation of any provision of an operative master plan or local plan or an approved scheme which relates to any of the following—
(a) requiring any space to be left about a building or fixing the position on the piece of land concerned of any building in relation to any other building or boundary:
Provided that compensation shall be payable where the area of the land on which a building may be constructed in terms of the relevant master plan, local plan or scheme is reduced to such an extent as to render the land substantially less suitable for the construction of any building in accordance with the provisions of that plan or scheme, whether by reason of the shape of the land on which any such building may be constructed or otherwise;
(b) limiting the type of building or number of buildings which may be constructed on, in or under any property or within any area;
(c) prohibiting or restricting the subdivision of any property or of land within any area;
(d) regulating, in relation to buildings, the floor area, character, density, site coverage, height, design or external appearance, including colour, thereof, or the materials that may be used in the construction thereof;
(e) prohibiting or restricting the objects which may be affixed to buildings;
( f ) prohibiting or restricting building operations on the ground that— (i) by reason of the situation or the nature of the land, the construction of buildings thereon would be likely to involve danger to life or danger or injury to health or excessive expenditure of public money in connection with the provision of roads, sewers, drains, water supplies or other public services; or
(ii) it is premature, having regard to the order of priority, if any, indicated in the relevant master plan, local plan or scheme, for development in that area;
(g) prohibiting, otherwise than by way of prohibiting building operations, the use of land for a purpose which would be likely to involve danger to life or danger or injury to health or detriment to the neighborhood or restricting, otherwise than by way of restricting building operations, the use of land so far as may be necessary for the purpose of preventing such danger, injury or detriment;
(h) restricting the purposes for which land or buildings may be used or reserving or allocating any particular land or land in a particular area for buildings or for a particular class or classes of use, including quarrying or other surface mineral workings which are not authorized in terms of the Mines and Minerals Act [Chapter 21:05], and the conservation of natural resources;
(i) restricting, in the interests of safety, the height and position of any proposed wall, fence or hedge near a corner or bend of any road or at a road intersection or railway level crossing;
( j) limiting the number or fixing the sites of—
(i) new roads giving access to a road or proposed road; or
(ii) any means of access to a road or proposed road;
(k) requiring, in the case of the construction of any building intended to be used for business, industrial or residential purposes, other than a building intended to be used as a dwelling-house for a single family—
(i) the provision of accommodation for parking, whether on the site or elsewhere, and for the loading, unloading or fuelling of vehicles; or
(ii) the payment by the developer to the appropriate local authority of a contribution towards meeting the cost of providing accommodation for parking elsewhere; or
(iii) the surrender of a portion of land for the purpose of roads to provide sufficient space for traffic likely to be engendered from the use to which the land is to be put or from the increased floor area of any building thereon;
(l) prohibiting or restricting, whether generally or in a particular place, the exhibition of advertisements.
(2) No compensation shall be payable in respect of the operation of any provision of an operative master plan or local plan or an approved scheme if that provision could have been made and enforced by the local planning authority or local authority concerned under any other enactment without liability to pay compensation.
(3) Where any provision of an operative master plan or local plan or an approved scheme is altered or replaced by a subsequent master plan or local plan or an approved scheme is varied in terms of paragraph (d) of section seventy-five, no compensation shall be payable in respect of any land on the ground that it has been injuriously affected by any provision contained in that plan or scheme as subsequently altered, replaced or varied, as the case may be, in so far as that later provision is the same or substantially the same as the earlier provision in the plan or scheme which has been altered, replaced or varied:
Provided that if at the date when the alteration or replacement of that earlier plan or scheme or variation of that earlier scheme becomes operative—
(a) any claim for compensation duly made thereunder is still outstanding; or
(b) the time originally fixed for making a claim for compensation thereunder has not expired;
such outstanding claim or any claim made within the time so fixed shall be entertained and determined and may be enforced in the same manner in all respects as if the relevant provision of the earlier plan or scheme had continued in operation.
(4) No compensation shall be payable in respect of any action taken by a local planning authority under subparagraph (ii) or (iii) of paragraph (a) of subsection (1) of section thirty-five if the order in terms of the said subparagraph relates to any use or operations which do not constitute existing development.
(5) Where a person is entitled to compensation under this Act in respect of any matter or thing and he would be entitled to compensation in respect of the same matter or thing under any other enactment, he shall not be entitled—
(a) to compensation in respect of that matter or thing both under this Act and under that other enactment; or
(b) to any greater compensation under this Act than the compensation he would be entitled to under that other enactment.