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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

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Planning permission: supplementary provisions as to compensation

54.—(1) Where the Department decides not to confirm an order under Article 38 of the 1991 Order (revocation or modification of planning permission) which has taken effect under regulation 52(1), any claim for compensation under section 26 of the Land Development Values (Compensation) Act (Northern Ireland) 1965(1) (compensation where planning permission is revoked or modified) shall be limited to any loss or damage directly attributable to the permission being suspended or temporarily modified for the duration of the period between the provisional order taking effect and the Department deciding not to confirm the order.

(2) Where the Department decides not to confirm an order under Article 39 of the 1991 Order (order requiring the discontinuance of a use, etc.) which has taken effect under regulation 53(1), any claim for compensation under Article 65A of the Planning (Northern Ireland) Order 1972(2) shall be limited to any loss or damage directly attributable to any right to continue a use of land being, by virtue of the order, suspended or subject to conditions for the duration of the period between the order taking effect and the Department deciding not to confirm the order.

(3) Where compensation is payable in respect of an order under Article 38 or 39 of the 1991 Order which has been made pursuant to regulation 45, any question of disputed compensation shall be determined by the Lands Tribunal.

(1)

1965 c. 23 (N.I.) as amended by S.l. 1991/1220 (N.I. 11), Art. 133(1) and Sch. 5

(2)

S.I. 1972/1634 (N.I. 17); Art. 65A was inserted by S.I. 1990/1510 (N.I. 14) Art. 21 and amended by S.I. 1991/1220 (N.I. 11); Art. 133(1) and Sch. 5

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