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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 [F2Act]] , 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(b)on the date of the planning decision in question that permission had been revoked or modified under Article 29.

F2Word in art. 68(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 10 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)