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Planning Act (Northern Ireland) 2011

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Compensation in respect of orders under section 73, 75 or 112N.I.

This section has no associated Explanatory Notes

182—(1) This section shall have effect where—

(a)an order is made under section 73 or 75 requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any building or works on land to be altered or removed; or

(b)an order is made under section 112(3) revoking or modifying a hazardous substances consent for the presence of a hazardous substance on, over or under land.

(2) If, on a claim made to the council in accordance with subsection (6), it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which that person is entitled or by being disturbed in his or her enjoying of the land, the council must pay to that person compensation in respect of that damage.

(3) Without prejudice to subsection (2), any person who carries out any works in compliance with an order under section 73 or section 112(3) shall be entitled, on a claim made to the council in accordance with subsection (6), to recover from the council compensation in respect of any expenses reasonably incurred by that person in that behalf.

(4) Any compensation payable to a person under this section in respect of such an order as is mentioned in subsection (1)(a) or (b) shall be reduced by the value to that person of any timber, apparatus or other materials removed for the purpose of complying with the order.

(5) No compensation shall be payable under this section in respect of an order under section 73 or 75 if—

(a)a purchase notice in respect of an estate in land is served in consequence of such an order; and

(b)that estate is purchased by the council in accordance with Part 7.

(6) A claim under subsection (2) or (3) must be made in writing to the council within 6 months from the date of the order in respect of which the claim is made or within such extended period as the council may allow.

(7) Any question of disputed compensation under this section shall be determined by the Lands Tribunal.

(8) Claims made under this section shall be made to and paid by the council which made the order in question or, where the order was made by the Department under section 75, the council which is treated as having made it under that section, and references in this section to the council shall be construed accordingly.

Modifications etc. (not altering text)

Commencement Information

I1S. 182 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2S. 182 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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