The Planning Blight (Compensation) (Northern Ireland) Order 1981

Interests qualifying for protection N.I.

4.—(1) An interest in land qualifies for protection under this Order if, on the date of service of a blight notice in respect thereof, the interest—

(a) is that of a resident owner-occupier; or

(b) is that of an owner-occupier—

(i) in an agricultural unit or part thereof; or

[F1 (ii) in a hereditament if either of the following sub-paragraphs applies—

(aa) the net annual value of the land does not exceed £19,685; or

(bb) the capital value of the hereditament does not exceed £2,100,000.]

[F2 (1A) The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb).]

(2) In this Order “resident owner-occupier” in relation to a hereditament means an individual who—

(a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(3) In this Order “owner-occupier” in relation to an agricultural unit means a person who—

(a) occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service of a blight notice; or

(b) occupied the whole of that unit during the whole of a period of six months ending not more than one year before the date of service of a blight notice,

and, at all times material for the purposes of sub-paragraph (a) or, as the case may be, sub-paragraph (b), has been entitled to an owner's interest in the whole or part of that unit.

(4) In this Order “owner-occupier” in relation to a hereditament means a person who—

(a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament or that part thereof, as the case may be, having been unoccupied since the end of that period.

(5) In this Article “owner's interest” means a freehold interest (whether legal or equitable) or a[F3 legal tenancy] granted or extended for a term of years of which, on the date of service, not less than three years remain unexpired.

F1 Art. 4(1)(b)(ii)(1A) substituted (1.4.2007) for art. 4(1)(b)(ii) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 5(b)

F2 Art. 4(1)(b)(ii)(1A) substituted (1.4.2007) for art. 4(1)(b)(ii) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 5(b)

F3 1982 NI 20