# Planning Act (Northern Ireland) 2011, Section 189: Compensation: failure of consultee to respond under section 229


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.

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Source: https://www.legislation.gov.uk/nia/2011/25/section/189 (the official version)
Page: https://openlegislation.uk/planning-act-northern-ireland-2011/section-189
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.