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The Planning Blight (Compensation) (Northern Ireland) Order 1981

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Interests qualifying for protectionN.I.

4.—(1) An interest in land qualifies for protection under this Order if, on the date of service of a blight notice in respect thereof, the interest—

(a)is that of a resident owner-occupier; or

(b)is that of an owner-occupier—

(i)in an agricultural unit or part thereof; or

[F1(ii)in a hereditament if either of the following sub-paragraphs applies—

(aa)the net annual value of the land does not exceed £19,685; or

(bb)the capital value of the hereditament does not exceed £2,100,000.]

[F2(1A) The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb).]

(2) In this Order “resident owner-occupier” in relation to a hereditament means an individual who—

(a)occupies, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b)occupied, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(3) In this Order “owner-occupier” in relation to an agricultural unit means a person who—

(a)occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service of a blight notice; or

(b)occupied the whole of that unit during the whole of a period of six months ending not more than one year before the date of service of a blight notice,

and, at all times material for the purposes of sub-paragraph (a) or, as the case may be, sub-paragraph (b), has been entitled to an owner's interest in the whole or part of that unit.

(4) In this Order “owner-occupier” in relation to a hereditament means a person who—

(a)occupies, in right of an owner's interest, the whole or a substantial part of the hereditament and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b)occupied, in right of an owner's interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament or that part thereof, as the case may be, having been unoccupied since the end of that period.

(5) In this Article “owner's interest” means a freehold interest (whether legal or equitable) or a[F3 legal tenancy] granted or extended for a term of years of which, on the date of service, not less than three years remain unexpired.

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