Article 14 Compensation in respect of planning decisions relating to safety of airports

Northern Ireland

(1)

This Article applies to any licensed airport.

(2)

The Department shall be entitled to recover from the airport operator of an airport to which this Article applies a sum equal to any compensation which the Department has become liable to pay, if—

(a)

it has become so liable under Part II or III of the Land Development Values (Compensation) Act (Northern Ireland) 1965F1 or under F2Part 6 of the Planning Act (Northern Ireland) 2011; and

(b)

the liability is attributable to a planning decision which would not have been taken, or to an order which would not have been made, but for the need—

(i)

to secure the safe and efficient operation of the airport; or

(ii)

to prevent persons, buildings, structures or erections from being struck by aircraft using the airport; or

(iii)

to secure the safe and efficient operation of apparatus owned by the airport operator and provided for the purpose of assisting air traffic control or as an aid to air navigation.

(3)

Where a sum equal to any compensation is paid to the Department by an airport operator under paragraph (2), the Department shall pay to that operator any amount received by the Department in respect of the compensation under section 24 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which relates to the recovery of compensation on subsequent development).

(4)

In paragraph (2) “planning decision” means a decision made on an application under F3Part 3 of the Planning Act (Northern Ireland) 2011.

Annotations

Textual amendments

F1: 1965 c.23 (NI)
F2: Words in art. 14(2)(a) substituted (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 69(a) (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
F3: Words in art. 14(4) substituted (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 69(b) (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481