Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 6: Compensation

Section 189: Compensation: decision taken by council or Department where consultee fails to respond under section 229.

A statutory consultee is required, under section 229, to respond (within a specified timeframe) when a council or the Department is determining a planning application.  If a council or the Department determines the application without this response, and if it is  later necessary to revoke or modify the permission because of information received in a subsequent response, the consultee’s sponsoring Department (if any) must pay to a council the amount of any compensation payable.