PART VIIICOMPENSATION

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

Compensation where listed building consent revoked or modifiedF665

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

Compensation in respect of orders under Article 29A or 37G(3)F765A

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

Compensation in respect of tree preservation ordersF866

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

Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning OrderF966A

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

Compensation in respect of orders under Article 100 of the Planning Order66B

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.

Compensation for loss due to stop noticeF1067

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

Compensation for loss or damage caused by service of building preservation noticeF1167A

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

Compensation for loss due to temporary stop noticeF1267B

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

Compensation where planning permission required under this Order but not under the Act of 194468

1

This Article shall apply—

a

where the development of land was permitted beforeF3 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 beforeF3 1st October 1973 of certain buildings for the purpose of agriculture did not constitute development,

if in either such case, by virtue ofF3 the Planning F4Act , 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.

Compensation where planning permission assumed for other developmentF1369

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

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

Interpretation of this part69B

F51

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

F142

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