{
  "url": "https://openlegislation.uk/planning-act-northern-ireland-2011/section-189",
  "json_url": "https://openlegislation.uk/planning-act-northern-ireland-2011/section-189.json",
  "legislation": "nia/2011/25",
  "legislation_title": "Planning Act (Northern Ireland) 2011",
  "legislation_url": "https://openlegislation.uk/planning-act-northern-ireland-2011",
  "path": "section/189",
  "kind": "section",
  "number": "189",
  "heading": "Compensation: failure of consultee to respond under section 229",
  "text": "Where a consultee fails to respond to a council or departmental consultation in accordance with section 229(3) and—\n(a) that council or, as the case may be, the Department—\n(i) takes a decision under this Act to grant planning permission in the absence of such a response; and\n(ii) subsequently receives information which the council or the Department could reasonably expect to have been included in that response; and\n(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\n(b) compensation is payable by a council under section 26 of the Act of 1965 in connection with the decision under sub-paragraph (iii),\nthe sponsoring department (if any) shall pay to the council the amount of compensation payable.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 189 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2011/25/section/189",
    "retrieved_at": "2026-10-29T20:20:42.089798+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}