The Planning(Northern Ireland) Order 1991

The Planning (Northern Ireland) Order 1972 (NI 17)

In. Article 2 for paragraph (2) substitute—

“(2) Words and expressions used in this Order and in the Planning (Northern Ireland) Order 1991 have the same meaning in this Order as they have in that Order.”.

In Article 65(1) for “Article 35” substitute “Article 47 of the Planning Order”.

In Article 65A—

(a) in paragraphs (1)(a), (3) and (5) for “Article 29A” substitute “Article 39 of the Planning Order”;

(b) in paragraphs (1)(b) and (3) for “Article 37G(3)” substitute “Article 59(3) of the Planning Order”;

(c) in paragraph (5)(b) for “Part IX” substitute “Part VIII of the Planning Order”.

In Article 66(1) after “entitled” insert “subject to such exceptions as may be prescribed”.

After Article 66 insert the following Articles—

“Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order

66A.— (1) Where—

(a) there is a change of the person in control of part of the land to which a hazardous substances consent relates; and

(b) on an application made under Article 60(2) of the Planning Order, the Department modifies or revokes the consent,

it shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.

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

Compensation in respect of orders under Article 100 of the Planning Order

66B.— (1) Any person who, at the time of an order under Article 100(1) of the Planning Order coming into force, has an estate in land having lawful access to a road to which the order relates shall be entitled to be compensated by the Department in respect of any depreciation in the value of his estate which is directly attributable to the order and of any other loss or damage which is so attributable.

(2) In paragraph (1) “lawful access” means access authorised by virtue of planning permission or Article 42 of the Roads (Northern Ireland) Order 1980, or access in respect of which no such authorisation is necessary.

(3) A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed.

(4) Sections 31 to 33 of the Act of 1965 shall, subject to any necessary modifications, have effect in relation to compensation under paragraph (1) as they have effect in relation to compensation payable under Part III of that Act.”.

For Article 67 substitute—

“Compensation for loss due to stop notice

67.— (1) A person who, when a stop notice under Article 73 of the Planning Order is first served, has an estate in or occupies the land to which the stop notice relates shall, in any of the circumstances mentioned in paragraph (2), be entitled to be compensated by the Department in respect of any loss or damage directly attributable to the prohibition contained in the notice (or, in a case within sub-paragraph (b) of that paragraph, so much of that prohibition as ceases to have effect).

(2) A person shall be entitled to compensation under paragraph (1) in respect of a prohibition contained in a stop notice in any of the following circumstances—

(a) the enforcement notice is quashed on grounds other than those mentioned in Article 69(3)(a) of the Planning Order;

(b) the enforcement notice is varied, otherwise than on the grounds mentioned in Article 69(3)(a) of the Planning Order, so that the matters alleged to constitute a breach of planning control cease to include one or more of the activities prohibited by the stop notice;

(c) the enforcement notice is withdrawn by the Department otherwise than in consequence of the grant of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted;

(d) the stop notice is withdrawn.

(3) A claim for compensation under this Article shall be made to the Department within the time and in the manner specified by a development order.

(4) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

(5) In the assessment of compensation under this Article, account shall be taken of the extent (if any) to which the claimant’s entitlement is attributable—

(a) to his failure to comply with a notice under Article 125 of the Planning Order; or

(b) to any misstatement made by him in response to such a notice.

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

In Article 68(1) for “the appointed day” where it twice occurs substitute “1st October 1973” and for “this Order” substitute “the Planning Order”.

After Article 69 insert the following Articles—

“Compensation not to be payable in respect of certain planning conditions

69A.— (1) Compensation under Part II of the Act of 1965 shall not be payable in respect of the application to any planning permission of any of the conditions referred to in Articles 34 and 35 of the Planning Order.

(2) The said conditions shall be disregarded for the purposes of section 29 of the Act of 1965.

Interpretation of this Part

69B.— (1) In this Part “the Planning Order” means the Planning (Northern Ireland) Order 1991.

(2) In this Part “compensatable estate” has the same meaning as in the Act of 1965.”.