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The Planning(Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

PART VIIIPURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS

Service of purchase notice

94.—(1) Where—

(a)on an application for planning permission to develop any land, permission is refused or is granted subject to conditions; or

(b)by an order under Article 38 planning permission in respect of any land is revoked, or is modified by the imposition of conditions,

then if any owner of the land claims—

(i)that the land has become incapable of reasonably beneficial use in its existing state; and

(ii)in a case where planning permission was granted subject to conditions, or was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

(iii)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted,

he may serve on the Department a notice requiring the Department to purchase his estate in the land in accordance with this Part.

(2) Where—

(a)on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions; or

(b)by an order under Article 47, listed building consent in respect of a building is revoked or is modified by the imposition of conditions,

then if any owner of the land claims—

(i)that the land has become incapable of reasonably beneficial use in its existing state; and

(ii)in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

(iii)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted, he may serve on the Department a notice requiring the Department to purchase his estate in the land in accordance with this Part.

(3) If any person entitled to an estate in land in respect of which an order is made under Article 39 claims—

(a)that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and

(b)that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise,

he may serve on the Department a notice requiring the Department to purchase his estate in the land in accordance with this Part.

(4) A notice under this Article—

(a)shall be served within the time and in the manner specified by a development order; and

(b)is referred to in this Order as a “purchase notice”.

(5) Where, for the purpose of determining whether the conditions in paragraph (1)(i) to (iii), paragraph (2)(i) to (iii) or paragraph (3)(a) and (b) are fulfilled in relation to any land, any question arises as to what is a reasonably beneficial use of that land, then in determining that question for that purpose no account shall be taken of any prospective use of that land which would involve the carrying out of new development as defined in section 43(1) of the Act of 1965, or of any works requiring listed building consent which might be executed to the building.

(6) For the purposes of this Article, the conditions referred to in Articles 34, 35 and 46 shall be disregarded.

(7) A person on whom there has been served a repairs notice under Article 109(4) shall not in any case be entitled to serve a purchase notice in respect of the building in question until the expiration of three months beginning with the date of the service of the repairs notice; and if during that period the Department commences proceedings for the compulsory acquisition of the building in the exercise of its powers under Article 109, that person shall not be so entitled unless and until those proceedings are discontinued.

(8) In paragraph (2) and in the other provisions of this Part as they apply for the purposes of a purchase notice served under paragraph (2) “the land” means the building in respect of which listed building consent has been refused, or granted subject to conditions, or revoked or modified by the imposition of conditions, and in respect of which its owner serves a notice under paragraph (2), together with any land comprising the building, or contiguous or adjacent to it, and owned with it, being land as to which the owner claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

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.

Further ground of objection to purchase notice

96.—(1) This Article shall have effect where, on an application for planning permission to develop any land which consists of or includes the whole or part of any land which has a restricted use by virtue of a previous planning permission, permission is refused or granted subject to conditions and the owner of the land serves a purchase notice.

(2) For the purposes of this Article, land has a restricted use by virtue of a previous planning permission if it is part of a larger area in respect of which planning permission was previously granted (and has not been revoked) and either—

(a)it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

(b)the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as aforesaid.

(3) If a purchase notice is served on the Department, the Department although satisfied that the land to which the purchase notice relates (or part of that land) has become incapable of reasonably beneficial use, may nevertheless serve a counter-notice if it appears to the Department that the land to which the purchase notice relates (or part of that land) ought, in accordance with the previous planning permission, to remain undeveloped or, as the case may be, to remain or be preserved or laid out as amenity land in relation to the remainder of the larger area for which that planning permission was granted.

Reference of counter-notices to Lands Tribunal

97.—(1) Where the Department serves a counter-notice under Article 95(1)(b) or (c), the owner who served the purchase notice may, within two months of the date of receipt of the counter-notice, refer the matter to the Lands Tribunal.

(2) On any such reference, if the counter-notice is not withdrawn, the Lands Tribunal shall consider the matters set out in the purchase notice and the reasons specified in the counter-notice and shall determine whether the purchase notice or the counter-notice should be upheld.

(3) If the Tribunal determines to uphold the purchase notice it shall declare it valid.

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.

Special provision as to compensation under this Part

99.  Where by virtue of section 26 of the Act of 1965 compensation is payable in respect of expenditure incurred in carrying out any work on land, then, if a purchase notice is served in respect of an estate in that land, any compensation payable in respect of the acquisition of that estate in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under that section.

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