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The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990

Status:

This is the original version (as it was originally made).

Compensation in respect of orders under Article 29A or 37G(3) of the Planning Order

21.  After Article 65 of the Planning Order there shall be inserted the following Article—

“Compensation in respect of orders under Article 29A or 37G(3)

65A.—(1) This Article shall have effect where—

(a)an order is made under Article 29A 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 Article 37G(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 Department in accordance with paragraph (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 he is entitled or by being disturbed in his enjoyment of the land, the Department shall pay to that person compensation in respect of that damage.

(3) Without prejudice to paragraph (2), any person who carries out any works in compliance with an order under Article 29A or Article 37G(3) shall be entitled, on a claim made to the Department in accordance with paragraph (6), to recover from the Department compensation in respect of any expenses reasonably incurred by him in that behalf.

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

(5) No compensation shall be payable under this Article in respect of an order under Article 29A 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 Department in accordance with Part IX.

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

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

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