Planning (Amendment) (Northern Ireland) Order 1978

• Citation: S.I. 1978/1048 (N.I.)
• Sections: 3

Section 1 Citation and commencement

(1) This Order may be cited as the Planning (Amendment) (Northern Ireland) Order 1978 . . . .

(2) Article 4 shall come into operation on such day as the head of the Department of the Environment may by order appoint and the remaining provisions of this Order shall come into operation at the expiration of the period of one month from the day on which it is made.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to the interpretation of Article 1 and the following provisions of this Order as it applies to the interpretation of a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the Department” means the Department of the Environment;

...

(3) Any expression used in Part II and in the Planning Act (Northern Ireland) 2011 has the same meaning in that Part as in that Act .

Section 3 Exclusion of compensation in certain cases where planning permission is revoked

Where—

(a) planning permission granted under Part 3 of the Planning Act (Northern Ireland) 2011 is revoked with the consent of a person entitled to a compensatable estate in the land to which the permission related (in this Article referred to as “the original land”);

(b) planning permission is granted under that Part on or after the date of the revocation referred to in paragraph ( a ) in relation to land other than the original land, for development similar to the development permitted by the revoked permission; and

(c) the permission first referred to in paragraph ( b ) specifies that it is in substitution for the permission referred to in paragraph ( a );

no compensation shall be payable under section 26 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 in respect of the revocation referred to in paragraph ( a ) to a person who has consented under that paragraph to the revocation.