OpenLegislation

Section 189 Compensation: failure of consultee to respond under section 229I1I2C1

Where a consultee fails to respond to a council or departmental consultation in accordance with section 229(3) and—

(a)

that council or, as the case may be, the Department—

(i)

takes a decision under this Act to grant planning permission in the absence of such a response; and

(ii)

subsequently receives information which the council or the Department could reasonably expect to have been included in that response; and

(iii)

decides to revoke or modify planning permission under section 68, or make an order under section 73, due to the information referred to in sub-paragraph (ii); and

(b)

compensation is payable by a council under section 26 of the Act of 1965 in connection with the decision under sub-paragraph (iii),

the sponsoring department (if any) shall pay to the council the amount of compensation payable.

Annotations

Modifications

C1

S. 189: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement

I1

S. 189 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2

S. 189 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)