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The Airports (Northern Ireland) Order 1994

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Compensation in respect of planning decisions relating to safety of airportsF4N.I.

14.—(1) This Article applies to any licensed airport.

(2) The Department shall be entitled to recover from the airport operator of an airport to which this Article applies a sum equal to any compensation which the Department has become liable to pay, if—

(a)it has become so liable under Part II or III of the Land Development Values (Compensation) Act (Northern Ireland) 1965F1 or under [F2Part 6 of the Planning Act (Northern Ireland) 2011]; and

(b)the liability is attributable to a planning decision which would not have been taken, or to an order which would not have been made, but for the need—

(i)to secure the safe and efficient operation of the airport; or

(ii)to prevent persons, buildings, structures or erections from being struck by aircraft using the airport; or

(iii)to secure the safe and efficient operation of apparatus owned by the airport operator and provided for the purpose of assisting air traffic control or as an aid to air navigation.

(3) Where a sum equal to any compensation is paid to the Department by an airport operator under paragraph (2), the Department shall pay to that operator any amount received by the Department in respect of the compensation under section 24 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which relates to the recovery of compensation on subsequent development).

(4) In paragraph (2) “planning decision” means a decision made on an application under [F3Part 3 of the Planning Act (Northern Ireland) 2011].

F2Words in art. 14(2)(a) substituted (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 69(a) (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F3Words in art. 14(4) substituted (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 69(b) (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F4functions transf. by SR 1999/481

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