Planning (Northern Ireland) Order 1972
1972/1634 · Made 1 November 1972 · Extends to Northern Ireland
[1st November 1972]
Contents
- Part I: PRELIMINARY
- 1Title and commencement
- 2Interpretation
- Part
- VIIICOMPENSATION
- 65Compensation where listed building consent revoked or modified Repealed
- 65ACompensation in respect of orders under Article 29A or 37G(3) Repealed
- 66Compensation in respect of tree preservation orders Repealed
- 66ACompensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order Repealed
- 66BCompensation in respect of orders under Article 100 of the Planning Order
- 67Compensation for loss due to stop notice Repealed
- 67ACompensation for loss or damage caused by service of building preservation notice Repealed
- 67BCompensation for loss due to temporary stop notice Repealed
- 68Compensation where planning permission required under this Order but not under the Act of 1944
- 69Compensation where planning permission assumed for other development Repealed
- 69BInterpretation of this part
- Part
- 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
- XIVMINERALS
- 97Modification of s.26(1) of the Act of 1965 in relation to minerals
- Part
- Part
- Part
- Schedule Schedule
- Schedule Schedule
- Schedule Schedule
- Schedule Schedule
1Title and commencement
This OrderF1 may be cited as the Planning (Northern Ireland) Order 1972.
Commencement
2Interpretation
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.
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
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.
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.
A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed.
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
This Article shall apply—
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
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.
In a case falling within paragraph (1), section 26 of the Act of 1965 shall apply as if—
planning permission had been granted for the development; and
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
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
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.
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