Planning and Land Compensation Act (Northern Ireland) 1971

PART III N.I. PLANNING LAW

S.16 rep. by 1972 NI 17

17 Validation of certain planning decisions. N.I.

(1) Where a planning authority have, before the passing of this Act, purported to give a decision on an application for planning permission after the date on which the application was deemed to have been refused under section 2(5) of the Act of 1944, subsection (2) shall have effect in relation to the application and decision.

(2) Subject to subsections (3) and (5)—

(a) the application for planning permission shall not be deemed to have been refused under section 2(5) of the Act of 1944; and

(b) any decision given in pursuance of the application shall be deemed to have had effect from the date on which the planning authority purported to give it; and

(c) anything done or matter arising in relation to that decision shall have effect and shall be deemed, from the date on which the thing or matter purported to have effect as if it had been done or had arisen in relation to a decision which has effect as mentioned in paragraph ( b).

(3) Subsection (2) shall not affect—

(a) any order, decree or judgment arising out of legal proceedings begun before the passing of this Act;

(b) any other proceedings in relation to any such order, decree or judgment; or

(c) any decision on an appeal under section 2(6) of the Act of 1944 begun before the passing of this Act in relation to an application for planning permission referred to in subsection (1).

(4) Where—

(a) any land is the subject of a planning decision in respect of which compensation is payable, or has been paid, under the Act of 1944 or Part II of the Act of 1965; and

(b) after the passing of this Act, such a decision as is mentioned in subsection (1) is, in relation to that land or any part of it, modified or revoked by an order under section 3 of the Act of 1944 [F1 or Article 29 of the Order of 1972],

the following provisions shall have effect:—

(i) in determining the depreciation of the value of a compensatable estate in the land or part, the order shall be deemed to have been made on the day on which the planning decision mentioned in paragraph (a) is given;

(ii) there shall be deducted, from any compensation payable under section 26 of the Act of 1965, in respect of a compensatable estate in the land or part any compensation paid under the Act of 1944 or paid or payable under Part II of the Act of 1965 in respect of that estate.

(5) Subsection (2) shall not have effect in relation to so much of any decision made on an application for planning permission which grants permission for development (whether subject to conditions or not) as relates to land which consists of or includes land which is or has been the subject of an order under section 3 of the Act of 1944 [F1 or Article 29 of the Order of 1972].

F1 1972 NI 17

Ss.18‐25 rep. by 1972 NI 17

S.26 amends s.43 of 1965 c.23 (NI)