Planning Act (Northern Ireland) 2011

Section 179(4).

SCHEDULE 4 AMENDMENTS TO THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 (C. 23)

1.  In section 15—

(a) in subsection (1) for “a development plan for the area in which the land is situated” substitute “a local development plan”;

(b) in subsection (5) for the words from “Article 32” to the end substitute “section 58 of the Planning Act in respect of that decision”.

2.  In section 18(3) and (4) for “Article 38 of the Planning Order” substitute “section 68 or 72 of the Planning Act”.

3.  In section 18(4) for “Order” substitute “Act”.

4.  In sections 26(1), (4), (5) and (6), 27(5) and 30 for “Article 38 of the Planning Order” substitute “section 68 or 72 of the Planning Act”.

5.  In section 26, after subsection (7) insert—

“(8) Claims under this section shall be made to and paid by the council which made the order in question or, where the order was made by the Department under section 72 of the Planning Act, the council which is treated as having made it under that section.”.

6.  In section 27(5), for the words from “with the substitution” to the end substitute “with the substitution—

(a) for references to a planning decision, of references to the order under section 68 or 72 of the Planning Act in consequence of which the compensation for depreciation is payable;

(b) for paragraph (a) of subsection (1) of the following paragraph—

“(a) the council must serve on—

(i) any person making a claim in relation to the compensation; and

(ii) the Department,

a notice in the prescribed form containing particulars of the payment and, if an apportionment has been made under section 21, of that apportionment;”.

7.  In section 43(1), in the definition of “planning decision” for “Part 4 of the Planning Order” substitute “Part 3 of the Planning Act” and after that definition insert—

““the Planning Act” means the Planning Act (Northern Ireland) 2011;”.

8.  In Schedule 1—

(a) in paragraph 10(b) for “the Planning Order” substitute “the Planning Act”;

(b) in paragraph 12(2) for “Article 68 of the Planning Order” substitute “section 138 or 139 of the Planning Act”;

(c) in paragraph 12(3)—

(i) for “Planning Order” substitute “Planning Act”;

(ii) for “that Order” substitute “that Act”.