HC Deb 13 February 2004 vol 418 c176W
Mr. McGrady

To ask the Secretary of State for Northern Ireland what Government policy is in relation to wayleave compensation payable to landowners affected by measures to facilitate the provision of public services; and what recent changes there have been relating to payments for wayleaves. [154579]

Mr. Pearson

The primary legislation governing compensation for the acquisition of pipeline wayleaves in Northern Ireland is The Water and Sewerage Services (Northern Ireland) Order 1973. The rules for assessing any compensation payable under this Order are contained in the Land Compensation (Northern Ireland) Order 1982. The principal thrust of this legislation and the associated case law decisions has been to ensure that compensation is based on the actual loss in every case.

The legal basis of compensation has therefore not changed but each individual case must be looked at on its merits with the aim of establishing what the actual loss is.

The Valuation and Lands Agency (VLA) act on behalf of Water Service in the assessment of wayleave compensation. In most cases the compensation amount is agreed between VLA and the landowner or his agent. If agreement is not possible the landowner then has the option of referring the matter to the Lands Tribunal for Northern Ireland.