United Kingdom Legislation

1. — (1) This Order F1 may be cited as the Planning (Northern Ireland) Order 1972. (2) Commencement

2. — (1) The Interpretation Act (Northern Ireland) 1954 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. [ F2 (2) Words and expressions used in this Order and in the Planning (Northern Ireland) Order 1991 have the same meaning in this Order as they have in that Order. ] Para. (3) rep. by SLR 1976

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

65. F6  F7 — (1) Where listed building consent is revoked or modified by an order under [ F8 Article 47 of the Planning Order ] , then if on a claim made to the Ministry within the time and in the manner prescribed it is shown that a person interested in the building — the Ministry shall pay to him compensation in respect of that expenditure, loss or damage. (2) For the purposes of this Article, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work. (3) Subject to paragraph (2), compensation shall not be paid under this Article in respect of —

(a)

any work carried out before the grant of the listed building consent which is revoked or modified; or

(b)

any other loss or damage (not being loss or damage consisting of depreciation of the value of a compensatable estate in any land) arising out of anything done or omitted to be done before the grant of that consent.

(4) Sections 22, [ F9 27, 30, 31, 33 and 37 ] of the Act of 1965 shall, subject to any necessary modifications, have effect for the purposes of a claim for compensation or compensation payable under this Article as they have effect for the purposes of a claim for compensation or compensation payable under section 26 of that Act.

65A. — (1) This Article shall have effect where — (2) If, on a claim made to the Department in accordance with paragraph (6), it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, the Department shall pay to that person compensation in respect of that damage. (3) Without prejudice to paragraph (2), any person who carries out any works in compliance with an order under [ F10 Article 39 of the Planning Order ] or [ F10 Article 59(3) of the Planning Order ] shall be entitled, on a claim made to the Department in accordance with paragraph (6), to recover from the Department compensation in respect of any expenses reasonably incurred by him in that behalf. (4) Any compensation payable to a person under this Article in respect of such an order as is mentioned in paragraph (1)( a ) or ( b ) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order. (5) No compensation shall be payable under this Article in respect of an order under [ F10 Article 39 of the Planning Order ] if —

(a)

a purchase notice in respect of an estate in land is served in consequence of such an order; and

(b)

that estate is purchased by the Department in accordance with [ F10 Part VIII of the Planning Order ] .

(6) A claim under paragraph (2) or (3) shall be made in writing to the Department within 6 months from the date of the order in respect of which the claim is made or within such extended period as the Department may allow. (7) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.

66. — [ F11 (1) A tree preservation order may make provision for the payment by the Department, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence — (2) In assessing compensation payable under paragraph (1) account shall be taken of —

(a)

any compensation under paragraph (1) which has been paid whether to the claimant or to any other person, in respect of the same tree; and

(b)

any injurious affection to any land of the claimant which would result from the felling of the tree which is the subject of the claim.

[ F11 (3) Except in so far as may be otherwise provided by any tree preservation order, any question of disputed compensation under paragraph (1) shall be referred to and determined by the Lands Tribunal. ]

66A. — (1) Where — it shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation. (2) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.

66B. — (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 or [ F12 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) [ F13 Sections 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.

67. — (1) A person who, when a stop notice under Article 73 of the Planning Order is first served, has an estate in or occupies the land to which the stop notice relates shall, in any of the circumstances mentioned in paragraph (2), be entitled to be compensated by the Department in respect of any loss or damage directly attributable to the prohibition contained in the notice (or, in a case within sub-paragraph (b) of that paragraph, [ F14 the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ] ). (2) A person shall be entitled to compensation under paragraph (1) in respect of a prohibition contained in a stop notice in any of the following circumstances —

(a)

the enforcement notice is quashed on grounds other than those mentioned in Article 69(3)(a) of the Planning Order;

(b)

the enforcement notice is varied, otherwise than on the grounds mentioned in Article 69(3)(a) of the Planning Order, so that [ F14 any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ] ;

(c)

the enforcement notice is withdrawn by the Department otherwise than in consequence of the grant of planning permission for the development to which the notice relates F14 ... ;

(d)

the stop notice is withdrawn.

(3) A claim for compensation under this Article shall be made to the Department within the time and in the manner specified by a development order. (4) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. [ F14 (5) No compensation is payable under this Article —

(a)

in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b)

in the case of a claimant who was required to provide information under Article 67C or 125 of the Planning Order in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the Department when responding to the notice. ]

(6) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.

67A. — (1) This Article applies where a building preservation notice ceases to have effect without the building having been included in a list compiled by the Department under Article 42 of the Planning Order. (2) Any person who at the time when the notice was served had an estate in the building shall, on making a claim to the Department within the prescribed time and in the prescribed manner, be entitled to be paid compensation by the Department in respect of any loss or damage directly attributable to the effect of the notice. (3) The loss or damage in respect of which compensation is payable under paragraph (2) shall include a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect to it.

68. — (1) This Article shall apply — if in either such case, by virtue of [ F15 the Planning Order ] , 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.

69. Where a claim for compensation is made to the Ministry under [ F16 section 26 of the Act of 1965 in relation to an order ] , the Ministry may, if it appears to it that planning permission might reasonably be expected to be granted (either unconditionally or subject to conditions) for some development of the land to which the claim relates, direct that in assessing the compensation payable in respect of [ F16 the order ] it shall be assumed that permission for that development would granted either unconditionally or subject to such conditions as may be specified in the direction.

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

69B. — (1) In this Part “ the Planning Order ” means the Planning (Northern Ireland) Order 1991. (2) In this Part “ compensatable estate ” has the same meaning as in the Act of 1965.

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

Arts. 91 ‐ 94 rep. by 1982 NI 9

Art. 95 rep. by 1991 NI 11

Art. 96 rep. by 1973 NI 21

97. — (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.