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PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 13

Special assumptions deriving from development plans.

13.[(1) Where an interest in land is proposed to be acquired by an
authority possessing compulsory acquisition powers and that land or part
thereof is in a proposed redevelopment area or in the area of a proposed
development scheme or does not consist or form part of an area

(a)which the acquiring authority propose to develop for residential,
commercial or industrial use or for a range of two or more uses any of which
is residential, commercial or industrial; or

(b)indicated in the development plan for a use which is primarily residential,
commercial or industrial or for a range of two or more uses any of which is
residential, commercial or industrial;

(2) If in the case of an interest in land falling within subsection (1), the
authority acquiring it have purchased it or have been granted or have made a
vesting order in respect thereof, and a reference has been made to
the Lands Tribunal to determine the amount of the compensation payable in
respect of that interest, no application for a certificate under this section
shall be made by either of the parties directly concerned after the date of
that reference except either

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal.

(3) An application under this section made by either of those parties

(a)shall specify one or more classes of development appearing to the applicant
to be classes of development which would be appropriate for the land in
question if it were not proposed to be acquired by any
authority possessing compulsory acquisition powers, and

(b)shall be accompanied by a statement specifying the date on which a copy of
the application has been or will be served upon the other of those parties.

(4) ... where an application is made to the Ministry for a certificate under
this section in respect of an interest in the land, the Ministry shall, not
earlier than twenty-one days after the date specified in the statement
mentioned in subsection (3)(b) issue to the applicant a certificate stating
either of the following to be the opinion of the Ministry regarding the
planning permission that might have been expected to be granted in respect of
the land in question, if it were not proposed to be acquired by any
authority possessing compulsory acquisition powers

(a)that planning permission for development of one or more classes specified
in the certificate (whether specified in the application or not) might
reasonably have been expected to be granted; or

(b)that planning permission could not reasonably have been expected to be
granted for any development other than the development, if any, which is
proposed to be carried out by the authority by whom the interest is proposed
to be acquired.

Subs.(5) rep. by 1972 NI 17 art.110(2) sch.7

(6) Where, in the opinion of the Ministry planning permission might reasonably
have been expected to be granted as mentioned in subsection (4)(a) but would
only have been granted subject to conditions, or at a future time, or both
subject to conditions and at a future time, the certificate shall specify
those conditions or that future time or both as the case may be, in addition
to the other matters required to be contained in the certificate.

(7) Where an application for a certificate under this section relates to land
of which part (but not the whole) consists or forms part of such an area as
mentioned in subsection (1)[(a) or (b)], any certificate issued under this
section in pursuance of that application shall be limited to so much of that
land as does not fall within any such area.

[(7A) In determining, for the purposes of the issue of a certificate under
this section, whether planning permission for any particular class of
development might reasonably have been expected to be granted in respect of
any land, the Ministry shall not treat development of that class as
development for which planning permission would have been refused by reason
only that it would have involved development of the land in question (or of
that land together with other land) otherwise than in accordance with the
provisions of the development plan relating thereto.]

(8) On issuing to one of the parties directly concerned a certificate under
this section in respect of an interest in land, the Ministry shall serve a
copy of the certificate on the other of those parties.

© 1971 Crown Copyright

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