OpenLegislation

Planning (Amendment) (Northern Ireland) Order 1978

1978/1048 · Made 25 July 1978 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2015.

[25th July 1978]

Contents

  1. Part I: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. IIPLANNING
  5. 3Exclusion of compensation in certain cases where planning permission is revoked

1Citation and commencement

(1)

This Order may be cited as the Planning (Amendment) (Northern Ireland) Order 1978F1. . . .

(2)

Article 4 shall come into operation on such day as the head of the Department of the Environment may by order appointF2 and the remaining provisions of this Order shall come into operation at the expiration of the period of one month from the day on which it is made.

2Interpretation

(1)

The Interpretation Act (Northern Ireland) 1954 1954 c.33 shall apply to the interpretation of Article 1 and the following provisions of this Order as it applies to the interpretation of a Measure of the Northern Ireland Assembly.

(2)

In this Order—

  • “the Department” means the Department of the Environment;

  • F1...

(3)

Any expression used in Part II and in F2the Planning Act (Northern Ireland) 2011 has the same meaning in that Part as in F3that Act.

IIPLANNING

Arts. 4‐6 rep. by 1991 NI 11

Art. 7 rep. by 1982 NI 20

Art. 8 rep. by 1991 NI 11

Art. 9 rep. by 1980 NI 11

Art. 10 rep. by 1990 NI 14

Arts. 11‐14 rep. by 1991 NI 11

Arts. 15, 16 rep. by 1981 NI 16

Art. 17 rep. by 1991 NI 11

Part IV—Art. 18 amends s.43 of 1965 c.23 (NI).

Art. 19 rep. by 1991 NI 11

Art. 20 rep. by 1990 NI 14

3Exclusion of compensation in certain cases where planning permission is revoked

Where—

(a)

planning permission granted under F1Part 3 of the Planning Act (Northern Ireland) 2011 is revoked with the consent of a person entitled to a compensatable estate in the land to which the permission related (in this Article referred to as “the original land”);

(b)

planning permission is granted under that Part on or after the date of the revocation referred to in paragraph ( a) in relation to land other than the original land, for development similar to the development permitted by the revoked permission; and

(c)

the permission first referred to in paragraph ( b) specifies that it is in substitution for the permission referred to in paragraph ( a);

no compensation shall be payable under section 26 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 1965 c.23 in respect of the revocation referred to in paragraph ( a) to a person who has consented under that paragraph to the revocation.