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← The Planning Blight (Compensation) (Northern Ireland) Order 1981

The Planning Blight (Compensation) (Northern Ireland) Order 1981 art 4

The Planning Blight (Compensation) (Northern Ireland) Order 1981 art 4

art 4 Interests qualifying for protection

(1) An interest in land qualifies for protection under this Order if, on the date of service of a blight notice in respect thereof, the interest— (a) is that of a resident owner-occupier; or (b) is that of an owner-occupier— (i) in an agricultural unit or part thereof; or (ii) in a hereditament if either of the following sub-paragraphs applies— (aa) the net annual value of the land does not exceed £19,685; or (bb) the capital value of the hereditament does not exceed £2,100,000. (1A) The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb). (2) In this Order “resident owner-occupier” in relation to a hereditament means an individual who— (a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or (b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period. (3) In this Order “owner-occupier” in relation to an agricultural unit means a person who— (a) occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service of a blight notice; or (b) occupied the whole of that unit during the whole of a period of six months ending not more than one year before the date of service of a blight notice, and, at all times material for the purposes of sub-paragraph (a) or, as the case may be, sub-paragraph (b), has been entitled to an owner's interest in the whole or part of that unit. (4) In this Order “owner-occupier” in relation to a hereditament means a person who— (a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or (b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament or that part thereof, as the case may be, having been unoccupied since the end of that period. (5) In this Article “owner's interest” means a freehold interest (whether legal or equitable) or a legal tenancy granted or extended for a term of years of which, on the date of service, not less than three years remain unexpired.

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