OpenLegislation

Planning (Northern Ireland) Order 1972

1972/1634 · Made 1 November 1972 · Extends to Northern Ireland

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

[1st November 1972]

Contents

  1. Part I: PRELIMINARY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part
  5. VIIICOMPENSATION
  6. 65Compensation where listed building consent revoked or modified Repealed
  7. 65ACompensation in respect of orders under Article 29A or 37G(3) Repealed
  8. 66Compensation in respect of tree preservation orders Repealed
  9. 66ACompensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order Repealed
  10. 66BCompensation in respect of orders under Article 100 of the Planning Order
  11. 67Compensation for loss due to stop notice Repealed
  12. 67ACompensation for loss or damage caused by service of building preservation notice Repealed
  13. 67BCompensation for loss due to temporary stop notice Repealed
  14. 68Compensation where planning permission required under this Order but not under the Act of 1944
  15. 69Compensation where planning permission assumed for other development Repealed
  16. 69BInterpretation of this part
  17. Part
  18. XIIIAMENDMENTS OF ACT OF 1965 IN RELATION TO PART I APPLICATIONS AND OF ACT OF 1971 AS TO PLANNING ASSUMPTIONS IN RELATION TO COMPENSATION FOR COMPULSORY ACQUISITION OF LAND
  19. XIVMINERALS
  20. 97Modification of s.26(1) of the Act of 1965 in relation to minerals
  21. Part
  22. Part
  23. Part
  24. Schedule Schedule
  25. Schedule Schedule
  26. Schedule Schedule
  27. Schedule Schedule

1Title and commencement

(1)

This OrderF1 may be cited as the Planning (Northern Ireland) Order 1972.

(2)

Commencement

2Interpretation

(1)

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

F1(2)

Words and expressions used in this Order and in the F2Planning Act (Northern Ireland) 2011 have the same meaning in this Order as they have in F3that Act .

Para. (3) rep. by SLR 1976

PARTS II‐VII (arts. 3‐63) rep. by 1991 NI 11

VIIICOMPENSATION

Art. 64 rep. by 2001 c. 2 (NI)

Art. 69A rep. by 2001 c. 2 (NI)

65Compensation where listed building consent revoked or modifiedF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65ACompensation in respect of orders under Article 29A or 37G(3)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66Compensation in respect of tree preservation ordersF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66ACompensation where hazardous substances consent modified or revoked under Article 60 of the Planning OrderF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66BCompensation in respect of orders under Article 100 of the Planning Order

(1)

Any person who, at the time of an order under Article 100(1) of the Planning Order coming into force, has an estate in land having lawful access to a road to which the order relates shall be entitled to be compensated by the Department in respect of any depreciation in the value of his estate which is directly attributable to the order and of any other loss or damage which is so attributable.

(2)

In paragraph (1) “lawful access” means access authorised by virtue of planning permission orF1 Article 80 of the Roads (Northern Ireland) Order 1993, or access in respect of which no such authorisation is necessary.

(3)

A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed.

(4)

F2Sections 31 and 33 of the Act of 1965 shall, subject to any necessary modifications, have effect in relation to compensation under paragraph (1) as they have effect in relation to compensation payable under Part III of that Act.

67Compensation for loss due to stop noticeF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67ACompensation for loss or damage caused by service of building preservation noticeF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67BCompensation for loss due to temporary stop noticeF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68Compensation where planning permission required under this Order but not under the Act of 1944

(1)

This Article shall apply—

(a)

where the development of land was permitted beforeF1 1st October 1973 by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 SRO 1944/58 (development by mining undertakers); or

(b)

where by virtue of section 9(1)(i) of the Act of 1944, the erection before 1st October 1973 of certain buildings for the purpose of agriculture did not constitute development,

if in either such case, by virtue of the Planning F2Act , planning permission is required, and that permission is refused or granted subject to conditions.

(2)

In a case falling within paragraph (1), section 26 of the Act of 1965 shall apply as if—

(a)

planning permission had been granted for the development; and

(b)

on the date of the planning decision in question that permission had been revoked or modified under Article 29.

69Compensation where planning permission assumed for other developmentF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69BInterpretation of this part

F1(1)

In this Part “the Planning Act” means the Planning Act (Northern Ireland) 2011.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parts IX‐XII (arts. 70‐89) rep. by 1991 NI 11

XIIIAMENDMENTS OF ACT OF 1965 IN RELATION TO PART I APPLICATIONS AND OF ACT OF 1971 AS TO PLANNING ASSUMPTIONS IN RELATION TO COMPENSATION FOR COMPULSORY ACQUISITION OF LAND

Art. 90 rep. by 2001 c. 2 (NI)

Arts. 91‐94 rep. by 1982 NI 9

XIVMINERALS

Art. 95 rep. by 1991 NI 11

Art. 96 rep. by 1973 NI 21

97Modification of s.26(1) of the Act of 1965 in relation to minerals

(1)

Where any planning permission for development consisting of the winning and working of minerals is revoked or modified, a claim for expenditure or loss shall not be entertained under section 26(1) of the Act of 1965 in respect of buildings, plant or machinery unless the claimant proves that he is unable to use the buildings, plant or machinery or (as the case may be) to use them except at the loss claimed.

(2)

For the purposes of a claim for expenditure or loss to which paragraph (1) applies the Lands Tribunal may give a direction that the claim be severed from the remainder of the claim and be dealt with at such later date as may be fixed by the Tribunal either in such direction or subsequently on application by either party.

Part XIVA (arts. 97A‐97F) rep. by 1991 NI 11

Arts. 98, 99 rep. by 1985 NI 1

Part XVI (arts. 100‐110) rep. by 1991 NI 11

Schs. 1‐4 rep. by 1991 NI 11

Sch. 5 rep. by 1990 NI 14

Sch. 6 rep. by 1991 NI 11

Sch. 7 rep. by 1990 NI 14