Planning Act (Northern Ireland) 2011

Compensation where planning permission is revoked or modified

179.—(1) The functions which immediately before the day on which this section comes into operation (in this section referred to as “the transfer date”) are exercisable by the Department under or for the purposes of the provisions of the Act of 1965 listed in subsection (2) are hereby transferred as from that day to councils.

(2) The provisions are—

(a) section 26(1) to (6) (except in so far as section 26(6) applies section 20(2)); and

(b) section 27 (except in so far as section 27(3) applies section 23 and section 27(5) applies section 24); and

(c) section 40, in so far as that section relates to claims for compensation under the provisions mentioned in paragraph (a).

(3) In the construction of and for the purposes of any statutory provision or instrument passed, made or issued before the transfer date, any reference to, or which is to be construed as a reference to, the Department shall, so far as may be necessary for the purpose of the transfer of functions by subsection (1), be construed as a reference to a council.

(4) The Act of 1965 has effect subject to the amendments set out in Schedule 4.