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PART VIIIN.I.COMPENSATION

Compensation where planning permission required under this Order but not under the Act of 1944N.I.

68.—(1) This Article shall apply—

(a)where the development of land was permitted before[F1 1st October 1973] by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 [SRO 1944/58] (development by mining undertakers); or

(b)where by virtue of section 9(1)(i) of the Act of 1944, the erection before[F1 1st October 1973] of certain buildings for the purpose of agriculture did not constitute development,

if in either such case, by virtue of[F1 the Planning Order], planning permission is required, and that permission is refused or granted subject to conditions.

(2) In a case falling within paragraph (1), section 26 of the Act of 1965 shall apply as if—

(a)planning permission had been granted for the development; and

(b)on the date of the planning decision in question that permission had been revoked or modified under Article 29.