Paragraph 3

Northern Ireland

(1)

Any person having an estate in land the value of which is diminished in consequence of—

(a)

the coming into operation of an order made under Article 7 in relation to an airport or the exercise of a right or power conferred by such an order;

(b)

the coming into operation of a direction given under Article 8 in relation to an airport or the exercise of a power or right conferred, in pursuance of paragraph (4)(b) of that Article, by any order made under that Article in relation to an airport;

(c)

the exercise of a right or power conferred by an order made under Article 9 in relation to an airport,

shall, subject to sub-paragraph (2), be entitled to recover compensation for the diminution from the airport operator.

(2)

Sub-paragraph (1)(b) does not apply to the coming into operation of a direction given under Article 8 for the purpose specified in paragraph (3)(a) of that Article if the building or structure in question constitutes development for which planning permission is required under F1the Planning Act (Northern Ireland) 2011 .

(3)

For the purpose of assessing the amount of any compensation payable under this paragraph, the value of land shall be determined in accordance with rules (2) to (4) in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982F2.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 3(2) substituted (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 71 (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)
F2: 1982 NI 9

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481