The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990

PART II N.I. PLANNING

Amendments to the Planning (Northern Ireland) Order 1972 N.I.

Arts. 3—20 rep. by 1991 NI 11

Compensation in respect of orders under Article 29A or 37G(3) of the Planning Order N.I.

21.  After Article 65 of the Planning Order there shall be inserted the following Article—

“Compensation in respect of orders under Article 29A or 37G(3)

65A.— (1) This Article shall have effect where—

(a) an order is made under Article 29A requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any building or works on land to be altered or removed; or

(b) an order is made under Article 37G(3) revoking or modifying a hazardous substances consent for the presence of a hazardous substance on, over or under land.

(2) If, on a claim made to the Department in accordance with paragraph (6), it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, the Department shall pay to that person compensation in respect of that damage.

(3) Without prejudice to paragraph (2), any person who carries out any works in compliance with an order under Article 29A or Article 37G(3) shall be entitled, on a claim made to the Department in accordance with paragraph (6), to recover from the Department compensation in respect of any expenses reasonably incurred by him in that behalf.

(4) Any compensation payable to a person under this Article in respect of such an order as is mentioned in paragraph (1)(a) or (b) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

(5) No compensation shall be payable under this Article in respect of an order under Article 29A if—

(a) a purchase notice in respect of an estate in land is served in consequence of such an order; and

(b) that estate is purchased by the Department in accordance with Part IX.

(6) A claim under paragraph (2) or (3) shall be made in writing to the Department within 6 months from the date of the order in respect of which the claim is made or within such extended period as the Department may allow.

(7) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.”.

Arts. 22—26 rep. by 1991 NI 11

Art. 27 rep. by 1993 NI 15

Art. 28 rep. by 1991 NI 11

Application of certain planning enactments to Crown land N.I.

29.—(1) After Article 15 of the Planning Blight (Compensation) (Northern Ireland) Order 1981F1 there shall be inserted the following Article—

“Application to Crown land

15A.— (1) The rights conferred by this Order shall be exercisable by a person who is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and this Order shall apply accordingly.

(2) In paragraph (1) “Crown land” has the same meaning as in Part XIVA of the Order of 1972.”.

(2) Where there is a Crown estate in any land, the provisions of the Act of 1965 and of Articles 64 to 66 of the Planning Order shall have effect in relation to any private estate as if the Crown estate were a private estate.

(3) In paragraph (2) “Crown estate” and “private estate” have the same meanings as in[F2 Part XII of the Planning (Northern Ireland) Order 1991].

F1 1981 NI 16

F2 1991 NI 11

Art. 30 rep. by 1991 NI 11