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PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 5

Objection to blight notice.

5.(1) Where a blight notice has been served under this Part, the
appropriate authority may within two months from the date of service of that
notice, serve on the claimant a counter-notice in the prescribed form
objecting to the notice.

(2) The grounds on which objection may be made in a counter-notice to a
blight notice are

(a)that no part of the hereditament [or agricultural unit] to which the notice
relates is comprised in land of any of the specified descriptions;

(b)that the appropriate authority (unless compelled to do so by virtue of this
Part) does not propose to acquire compulsorily any part of the hereditament
[or (in the case of an agricultural unit) any part of the affected area];

(c)[or (in the case of an agricultural unit) a part of the affected area] that
the appropriate authority proposes to acquire compulsorily part of the
hereditament specified in the counter-notice, but (unless compelled to do so
by virtue of this Part) does not propose to acquire compulsorily any other
part of that hereditament [or area];

(d)that on the date of service of the blight notice the claimant was not
entitled to an interest in any part of the hereditament [or
agricultural unit];

(e)that (for reasons specified in the counter-notice) the interest of
the claimant does not qualify for protection under this Part;

(f)that the conditions in section 3(1)(b) and (c) are not fulfilled;

(g)in the case of land of a description specified in section 1(1)(b), (d) [(e)
[(i), (j) [(k), (m) or (n)]]], that the appropriate authority (unless
compelled to do so by virtue of this Part) does not propose to acquire
compulsorily any part of the hereditament [or (in the case of an
agricultural unit) any part of the affected area] during the period of fifteen
years from the date of the counter-notice, or such longer period as may be
specified in the counter-notice;

(h)that in the case of a blight notice served by a mortgagee

(i)on the date of service of the blight notice the claimant had no interest as
mortgagee in any part of the hereditament [or agricultural unit] to which the
notice relates;

(ii)(for reasons specified in the counter-notice) the claimant had not at that
date the power referred to in section 4(1)(a);

<(iii)(for reasons specified in the counter-notice) neither of the conditions specified in section 4(3) was, on the date of service of the blight notice, satisfied with regard to the interest referred to in that section.


(3) An objection may not be made under subsection (2)(g) if it could be made
under subsection (2)(b).

(4) A counter-notice served under this section shall specify on which of the
grounds mentioned in subsection (2) [or Article 60(3) or 62(1) of the Land
Acquisition and Compensation (Northern Ireland) Order 1973] the
appropriate authority object to a blight notice.

(5) The Ministry of Finance may advance money from the Government Loans Fund
to any person for the purpose of enabling him to acquire a hereditament [or
(in the case of an agricultural unit) the affected area] in respect of which a
counter-notice has been served specifying the grounds mentioned in subsection
(2)(g) as, or as one of, the grounds of objection.

© 1971 Crown Copyright

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