Planning (Northern Ireland) Order 1972

• Citation: S.I. 1972/1634 (N.I.)
• Sections: 14

Section 1 Title and commencement

(1) This Order may be cited as the Planning (Northern Ireland) Order 1972.

(2) Commencement

Section 2 Interpretation

(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.

(2) Words and expressions used in this Order and in the Planning Act (Northern Ireland) 2011 have the same meaning in this Order as they have in that Act .

Para. (3) rep. by SLR 1976

Section 65 Compensation where listed building consent revoked or modified

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Section 65A Compensation in respect of orders under Article 29A or 37G(3)

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Section 66 Compensation in respect of tree preservation orders

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Section 66A Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order

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Section 66B Compensation in respect of orders under Article 100 of the Planning Order

(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 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) 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.

Section 67 Compensation for loss due to stop notice

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Section 67A Compensation for loss or damage caused by service of building preservation notice

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Section 67B Compensation for loss due to temporary stop notice

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Section 68 Compensation where planning permission required under this Order but not under the Act of 1944

(1) This Article shall apply—

(a) where the development of land was permitted before 1st October 1973 by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 (development by mining undertakers); or

(b) 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 Act , 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.

Section 69 Compensation where planning permission assumed for other development

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Section 69B Interpretation of this part

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

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Section 97 Modification of s.26(1) of the Act of 1965 in relation to minerals

(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.