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Planning (Northern Ireland) Order 1972

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Compensation where listed building consent revoked or modifiedN.I.

65 .F1F2(1) Where listed building consent is revoked or modified by an order under[F3 Article 47 of the Planning Order], then if on a claim made to the Ministry within the time and in the manner prescribed it is shown that a person interested in the building—

(a)has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification;

the Ministry shall pay to him compensation in respect of that expenditure, loss or damage.

(2) For the purposes of this Article, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

(3) Subject to paragraph (2), compensation shall not be paid under this Article in respect of—

(a)any work carried out before the grant of the listed building consent which is revoked or modified; or

(b)any other loss or damage (not being loss or damage consisting of depreciation of the value of a compensatable estate in any land) arising out of anything done or omitted to be done before the grant of that consent.

(4) Sections 22,[F4 27, 30, 31, 33 and 37] of the Act of 1965 shall, subject to any necessary modifications, have effect for the purposes of a claim for compensation or compensation payable under this Article as they have effect for the purposes of a claim for compensation or compensation payable under section 26 of that Act.

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F2mod. by SR 1988/5

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