The Planning(Northern Ireland) Order 1991

Article 133(1).

SCHEDULE 5AMENDMENTS

The Radioactive Substances Act 1960 (c. 34)

In Schedule 1 for paragraph 28 substitute—

“28. Articles 53 to 63 and 81 of the Planning (Northern Ireland) Order 1991.”.

The Caravans Act (Northern Ireland) 1963 (c. 17 (N.I.))

In section 3(3) for the words from “granted” to the end substitute “granted under the Planning Order”.

In section 4(1) for the words from “under” to “terms” substitute “under the Planning Order in terms”.

In section 4(2) for the words from “varied” to “district” substitute “varied by the planning appeals commission on an appeal under Article 32 of the Planning Order, the district”.

In sections 5(3) and 8(10) for the words from “subject to which” to the end substitute “subject to which planning permission has been granted under the Planning Order for the use of that land as a caravan site.”.

In section 25(1) after the definition of “occupier” insert—

““the Planning Order” means the Planning (Northern Ireland) Order 1991;”.

In section 25(4) for the words from “granted” to “for any use” substitute “granted under the Planning Order for any use”.

In the Schedule in paragraph 9 for the words from “under” to “has” substitute “under the Planning Order has”.

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I))

Sections 15(1)(b)(i), 18(2), 29 and 43(1) and paragraph 12 of Schedule 1 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendments in paragraph 4(1), (3), (4), (12), (14) and (15)(b) and (c) of that Schedule, but without prejudice to any further amendment of those provisions below.

In section 15(5) for the words from “section 2(6)” to the end substitute “Article 32 of the Planning Order in respect of that decision”.

In section 18(3) and (4) for the words from “section 3” to “1972” substitute “Article 38 of the Planning Order”.

In section 18(4) for “Acts (Northern Ireland) 1931 and 1944” substitute “Order”.

In sections 26(1), (4), (5) and (6), 27(5) and 30 for the words from “section 3” to “1972” substitute “Article 38 of the Planning Order”.

In section 43(1) in the definition of “planning decision” for “Order of 1972” substitute “Planning Order” and after that definition insert—

““the Planning Order” means the Planning (Northern Ireland) Order 1991;”.

In Schedule 1 in paragraph 10(b) for “the Act of 1944 or the Order of 1972” substitute “the Planning Order”.

In Schedule 1 in paragraph 12(2) for “Article 42 of the Order of 1972” substitute “Article 68 of the Planning Order”.

In Schedule 1 in paragraph 12(3) for “Order of 1972” substitute “Planning Order”.

The Mineral Development Act (Northern Ireland) 1969 (c. 35 (N.I.))

In section 60 for the words from “Planning” to “apply” substitute “Planning (Northern Ireland) Order 1991 applies”.

The Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

In Schedule 11 item 19 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendment in paragraph 5 of that Schedule.

The Planning and Land Compensation Act (Northern Ireland) 1971 (c. 23 (N. I.))

Sections 17 and 30 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendments in paragraph 6(7) to (9) of that Schedule.

The Planning (Northern Ireland) Order 1972 (NI 17)

In. Article 2 for paragraph (2) substitute—

“(2) Words and expressions used in this Order and in the Planning (Northern Ireland) Order 1991 have the same meaning in this Order as they have in that Order.”.

In Article 65(1) for “Article 35” substitute “Article 47 of the Planning Order”.

In Article 65A—

(a)in paragraphs (1)(a), (3) and (5) for “Article 29A” substitute “Article 39 of the Planning Order”;

(b)in paragraphs (1)(b) and (3) for “Article 37G(3)” substitute “Article 59(3) of the Planning Order”;

(c)in paragraph (5)(b) for “Part IX” substitute “Part VIII of the Planning Order”.

In Article 66(1) after “entitled” insert “subject to such exceptions as may be prescribed”.

After Article 66 insert the following Articles—

“Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order

66A.—(1) Where—

(a)there is a change of the person in control of part of the land to which a hazardous substances consent relates; and

(b)on an application made under Article 60(2) of the Planning Order, the Department modifies or revokes the consent,

it shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.

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

Compensation in respect of orders under Article 100 of the Planning Order

66B.—(1) Any person who, at the time of an order under Article 100(1) of the Planning Order coming into force, has an estate in land having lawful access to a road to which the order relates shall be entitled to be compensated by the Department in respect of any depreciation in the value of his estate which is directly attributable to the order and of any other loss or damage which is so attributable.

(2) In paragraph (1) “lawful access” means access authorised by virtue of planning permission or Article 42 of the Roads (Northern Ireland) Order 1980, or access in respect of which no such authorisation is necessary.

(3) A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed.

(4) Sections 31 to 33 of the Act of 1965 shall, subject to any necessary modifications, have effect in relation to compensation under paragraph (1) as they have effect in relation to compensation payable under Part III of that Act.”.

For Article 67 substitute—

“Compensation for loss due to stop notice

67.—(1) A person who, when a stop notice under Article 73 of the Planning Order is first served, has an estate in or occupies the land to which the stop notice relates shall, in any of the circumstances mentioned in paragraph (2), be entitled to be compensated by the Department in respect of any loss or damage directly attributable to the prohibition contained in the notice (or, in a case within sub-paragraph (b) of that paragraph, so much of that prohibition as ceases to have effect).

(2) A person shall be entitled to compensation under paragraph (1) in respect of a prohibition contained in a stop notice in any of the following circumstances—

(a)the enforcement notice is quashed on grounds other than those mentioned in Article 69(3)(a) of the Planning Order;

(b)the enforcement notice is varied, otherwise than on the grounds mentioned in Article 69(3)(a) of the Planning Order, so that the matters alleged to constitute a breach of planning control cease to include one or more of the activities prohibited by the stop notice;

(c)the enforcement notice is withdrawn by the Department otherwise than in consequence of the grant of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted;

(d)the stop notice is withdrawn.

(3) A claim for compensation under this Article shall be made to the Department within the time and in the manner specified by a development order.

(4) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

(5) In the assessment of compensation under this Article, account shall be taken of the extent (if any) to which the claimant’s entitlement is attributable—

(a)to his failure to comply with a notice under Article 125 of the Planning Order; or

(b)to any misstatement made by him in response to such a notice.

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

In Article 68(1) for “the appointed day” where it twice occurs substitute “1st October 1973” and for “this Order” substitute “the Planning Order”.

After Article 69 insert the following Articles—

“Compensation not to be payable in respect of certain planning conditions

69A.—(1) Compensation under Part II of the Act of 1965 shall not be payable in respect of the application to any planning permission of any of the conditions referred to in Articles 34 and 35 of the Planning Order.

(2) The said conditions shall be disregarded for the purposes of section 29 of the Act of 1965.

Interpretation of this Part

69B.—(1) In this Part “the Planning Order” means the Planning (Northern Ireland) Order 1991.

(2) In this Part “compensatable estate” has the same meaning as in the Act of 1965.”.

The Property (Northern Ireland) Order 1978 (NI 4)

In Article 5(5)(c) for “1972” substitute “1991”.

The Planning (Amendment) (Northern Ireland) Order 1978 (NI 18)

In Article 2(2) for “1972” substitute “1991”

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

In Articles 7(2), 18(2), 65(6) and 66(7) for “1972” substitute “1991”.

The Building Regulations (Northern Ireland) Order 1979 (NI 16)

In Article 9(3) for “1972” substitute “1991”.

The Mineral Exploration (Northern Ireland) Order 1979 (NI 18)

In Article 3(2) for “1972” substitute “1991”.

The Estate Agents Act 1979 (c. 38)

In section 1(2)(e) for “Order 1972” substitute “Order 1991”.

The National Heritage Act 1980 (c. 17)

In section 3(6)(e) for “Article 84 of the Planning (Northern Ireland) Order 1972” substitute “Article 107 of the Planning (Northern Ireland) Order 1991”.

The Roads (Northern Ireland) Order 1980 (NI 11)

In Article 42(2)(a) for “Article 17(1) of the Planning (Northern Ireland) Order 1972” substitute “Article 25(1) of the Planning (Northern Ireland) Order 1991”.

The Private Streets (Northern Ireland) Order 1980 (NI 12)

In Article 2(2) in the definition of “the Planning Order” for “1972” substitute “1991”.

In Article 4(3) for “Article 23” substitute “Article 32”.

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

In Article 128(7) for “1972” substitute “1991”.

The Housing (Northern Ireland) Order 1981 (NI 3)

In Article 38(4) for “1972” substitute “1991”.

The Enterprise Zones (Northern Ireland) Order 1981 (NI 15)

In Article 9(2) for “Articles 101(6) and 102 of the Planning (Northern Ireland) Order 1972” substitute “Articles 121(4) and 122 of the Planning (Northern Ireland) Order 1991” and for “Article 101” substitute “Article 121”.

The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)

In Article 2(2) for the definitions of “the Order of 1972” and “the Planning Orders” substitute—

““the Planning Order” means the Planning (Northern Ireland) Order 1991;”.

In Article 3—

(a)in paragraph (1)(e) for “Orders” substitute “Order”;

(b)in paragraph (1)(g) and (h) for “the Order of 1972” substitute “the Planning Order”;

(c)in paragraphs (1)(j) and (3) for “Article 53 of the Order of 1972” substitute “Article 86 of the Planning Order”;

(d)in paragraph (2) for sub-paragraphs (a) and (b) substitute—

“(a)a plan, an alteration to a plan or a replacement plan of which copies have been made available for inspection under Article 5(4) or 6(3) of the Planning Order;

(b)modifications proposed to be made by the Department in any such plan, alteration or replacement plan, being modifications of which notice has been given by the Department in accordance with regulations under Part III of that Order.”;

(e)in paragraph (3) for “Article 53(1)” and “Article 53(4)” substitute respectively “Article 86(1)” and “Article 86(4)”.

In Article 15A(2) for “Part XIVA of the Order of 1972” substitute “Part XII of the Planning Order”.

The Civil Aviation Act 1982 (c. 16)

In section 53(7) for “1972” substitute “1991”.

The Land Compensation (Northern Ireland) Order 1982 (NI 9)

In Article 2(2) in the definition of “planning appeals commission” for “Article 88 of the Planning (Northern Ireland) Order 1972” substitute “Article 110 of the Planning (Northern Ireland) Order 1991”.

In Article 7(2) for “1972” substitute “1991”.

The Value Added Tax Act 1983 (c. 55)

In Schedule 5 in Group 8A in Notes (1)(a)(iii) and (3)(c)(iii) for “1972” substitute “1991”.

The Dogs (Northern Ireland) Order 1983 (NI 8)

In Article 25(1)(a) for “Article 77 of the Planning (Northern Ireland) Order 1972” substitute “Article 100 of the Planning (Northern Ireland) Order 1991”.

The Housing (Northern Ireland) Order 1983 (NI 15)

In Schedule 2 in paragraph 3 for “1972” substitute “1991”.

The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)

In Article 2(2) for “1972” where it twice occurs substitute “1991”.

The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

In Articles 8(3) and 25(7) for “1972” substitute “1991”.

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)

In Article 2(2) in the definition of “planning permission” for “1972” substitute “1991”.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

In Article 18(9) for “Article 41 of the Planning (Northern Ireland) Order 1972” substitute “Article 67 of the Planning (Northern Ireland) Order 1991”.

In Article 18(11) for “Articles 41 and 51 of the Planning (Northern Ireland) Order 1972” substitute “Articles 67 and 84 of the Planning (Northern Ireland) Order 1991”.

In Schedule 1 in paragraph 17(a) for “Article 17A of the Planning (Northern Ireland) Order 1972” substitute “Article 26 of the Planning (Northern Ireland) Order 1991”.