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The Planning(Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Effect of valid purchase notice

98.—(1) Where a purchase notice has been served and either—

(a)a notice is served under Article 95(1)(a); or

(b)where a counter-notice has been served, the objection is withdrawn, or on a reference to the Lands Tribunal, is not upheld by the Tribunal,

the Department shall, on the date of acceptance, be deemed to have entered into a contract to purchase the estate of the person who served the purchase notice in respect of which the notice is effective and that person shall, on that date, be deemed to have entered into a contract to sell that estate to the Department.

(2) The amount to be paid for an estate by the Department under a contract deemed to have effect under paragraph (1) shall be the amount which the Department would have paid for the estate if it had compulsorily acquired the estate on the date of acceptance under Article 87.

(3) Any dispute as to the amount to be paid under paragraph (2) for an estate shall be determined by the Lands Tribunal.

(4) A person who has served a purchase notice in relation to an estate in land may withdraw that notice at any time before the amount to be paid for the estate has been agreed with the Department or determined by the Lands Tribunal or at any time before the end of six weeks beginning with the date on which that amount is so agreed or determined; and where a purchase notice is withdrawn by virtue of this paragraph any contract deemed to have been made under paragraph (1) in consequence thereof shall be deemed not to have been made.

(5) The date for the completion of the purchase of an estate in pursuance of a contract deemed to have effect under paragraph (1) shall, unless the owner of the estate and the Department otherwise agree, be three months from the date on which they agree upon the amount to be paid for that estate or, in default of agreement on that amount, from the date on which the Lands Tribunal determines that amount.

(6) If on the date for the completion of a contract deemed to have effect under paragraph (1), the Department fails to pay to the claimant the amount payable to him under this Article, the Department shall, unless that failure arises from a cause other than the Department’s act or default, pay to him, from that date until the date on which it pays that amount, interest on that amount at such rate as may for the time being be determined by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6 to the [1972 c. 9 (N.1.)] Local Government Act (Northern Ireland) 1972.

(7) For the purposes of determining the amount to be paid for an estate under a contract deemed to have effect under paragraph (1), for any reference in Articles 12 and 13 of the [1982 NI 9] Land Compensation (Northern Ireland) Order 1982 to the date of acquisition or the date on which the vesting order becomes effective there shall be substituted a reference to the date of acceptance.

(8) In this Article “the date of acceptance”—

(a)in a case where the Lands Tribunal, on a reference to it, does not uphold an objection, is the date of the Tribunal’s determination;

(b)in any other case, is the date on which a notice is served under Article 95(1)(a) or the date on which the period referred to in Article 95(2) expires, whichever is the earlier.

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