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The Land Compensation (Northern Ireland) Order 1982

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General as to assumptions relating to planning permissionN.I.

12.—(1) For the purpose of assessing the compensation in respect of any compulsory acquisition of any land, such one or more of the assumptions mentioned in Article 13 as are applicable to the land or any part of it shall be made in ascertaining the value of the interest to be acquired.

(2) Any planning permission which is to be assumed in accordance with Article 13, is in addition to any planning permission which may be in force at the date on which the vesting order becomes operative.

(3) Nothing in this Part shall be construed as requiring it to be assumed that planning permission would necessarily be refused for any development which is not development for which, in accordance with this Part, the granting of planning permission is to be assumed; but in determining whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of land, regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Articles 15 and 17.

(4) For the purposes of any reference in this Article or Article 13 to planning permission which is in force on the date of acquisition, it is immaterial whether the planning permission in question was granted—

(a)unconditionally or subject to conditions, or

(b)in respect of the land in question taken by itself or in respect of an area including that land,

and for those purposes where development is permitted by an interim development order, that order shall be taken to be planning permission for that development.

Modifications etc. (not altering text)

C1Art. 12 modified (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 196(7), 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

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