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Planning (Compensation, etc.) Act (Northern Ireland) 2001

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N.I.

Planning (Compensation, etc.) Act (Northern Ireland) 2001

2001 CHAPTER 2

An Act to abolish the right to compensation in respect of certain planning decisions; and to amend Article 121(1)(c)(iv) of the Planning (Northern Ireland) Order 1991.

[20th March 2001]

Abolition of compensation for planning decisions restricting new developmentN.I.

1.  Parts I and II of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23) (in this Act referred to as the 1965 Act) (compensation for planning decisions restricting new development where land has a balance of development value) shall cease to have effect.

Abolition of compensation for planning decisions restricting development other than new developmentN.I.

2.  Section 29 of the 1965 Act (compensation for planning decisions restricting development other than new development) shall cease to have effect.

Abolition of compensation for refusal of consent to alteration etc. of listed buildingN.I.

3.  Article 64 of the Planning (Northern Ireland) Order 1972 (NI 17) (in this Act referred to as the 1972 Order) (compensation for refusal of consent to alteration, etc. of listed building) shall cease to have effect.

Application of ActN.I.

4.  This Act, except section 5, shall have effect, or be treated as having had effect, in any case where the application for planning permission referred to in section 14(1) of the 1965 Act or in section 29(1) of the 1965 Act or, as the case may be, the application for listed building consent referred to in Article 64 of the 1972 Order is made on or after 23rd October 2000.

Amendment of the Planning (Northern Ireland) Order 1991N.I.

5.  In Article 121(1)(c)(iv) of the Planning (Northern Ireland) Order 1991 (NI 11) (rights of entry), for the words sub-paragraph (a)(iv) there shall be substituted “sub-paragraph (a)(v)”.

Amendments, savings and repealsN.I.

6.—(1) The statutory provisions specified in Schedule 1 shall have effect subject to the amendments set out in that Schedule.

(2) Without prejudice to section 28 of the Interpretation Act (Northern Ireland) 1954 (c. 33), the savings in Schedule 2 shall have effect.

(3) The statutory provisions set out in Schedule 3 are hereby repealed to the extent specified in column 2 of that Schedule.

Short titleN.I.

7.  This Act may be cited as the Planning (Compensation, etc.) Act (Northern Ireland) 2001.

SCHEDULES

N.I.

Schedule 1—Amendments

Section 6(2).

SCHEDULE 2N.I.SAVINGS

1.  The repeal by this Act of Part I of the 1965 Act does not affect the operation, for the purposes of section 30 of the 1965 Act, of regulations made under section 4 of that Act.N.I.

2.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 20(2) of the 1965 Act for the purposes of section 26 of that Act.N.I.

3.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 22 of the 1965 Act for the purposes of—N.I.

(a)section 26 of that Act; or

(b)Article 65 of the 1972 Order.

4.  The repeal by this Act of Part II of the 1965 Act does not affect the operation, for the purposes of section 27 of the 1965 Act, of section 23 of that Act and any regulations made by virtue of that section.N.I.

5.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 24 of the 1965 Act for the purposes of section 27 or 37 of that Act.N.I.

6.  The repeal by this Act of section 29 of the 1965 Act does not affect the operation of that section for the purposes of section 26 of the 1965 Act.N.I.

N.I.

Schedule 3 — Repeals

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