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The Planning(Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Action by Department following service of purchase notice

95.—(1) Where a purchase notice is served on the Department, it shall serve on the person by whom the notice was served—

(a)a notice that the Department is willing to comply with the purchase notice; or

(b)a counter-notice, objecting to the purchase notice, stating that for the reasons specified the Department is not willing to comply with the purchase notice; or

(c)a counter-notice, objecting to the purchase notice and stating that the Department considers that—

(i)in the case of a purchase notice served under Article 94(1) or (3), planning permission for any other development might reasonably be expected to be granted, being development which in the opinion of the Department would if carried out render the land capable of reasonably beneficial use;

(ii)in the case of a purchase notice served under Article 94(2), listed building consent for any other works might reasonably be expected to be granted, being works which in the opinion of the Department would if carried out render the land capable of reasonably beneficial use.

(2) The Department shall comply with paragraph (1)—

(a)in any case where an appeal under Article 32, 69 or 78 or paragraph 7 of Schedule 1 relating to the land—

(i)is pending on the date on which the purchase notice was served; or

(ii)is made within two months of that date,

within two months of the date on which the appeal is disposed of;

(b)in any other case, within two months of the date on which the purchase notice was served.

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