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

Application of this Order N.I.

3.—(1) This Order has effect in relation to any land which—

(a) is land authorised by any Local or Private Act to be compulsorily acquired, or falling within the limits of deviation within which powers of compulsory acquisition are exercisable under such an Act; or

(b) is land shown on a map or plan approved by a resolution of the Northern Ireland Housing Executive, or land described in a resolution of the Housing Executive, as land which may be acquired for the purpose of re-development under the Housing (Northern Ireland) Order 1981F1 ; or

(c) is land in an area which, under a declaration of the Northern Ireland Housing Executive, is a proposed re-development area; or

(d) is land on which the Department proposes to[F2 construct, improve or alter] a road and has given to the district council for the area written notice of its intention to[F2 construct, improve or alter] the road, together with a map or plan sufficient to identify the proposed route of the road[F2 or (as the case may be) the proposed extent of the improvement or alteration]; or

(e) is land—

(i) on which the Department proposes to[F2 construct, improve or alter] a road; and

(ii) in respect of which the Department has exercised its power under the Planning[F3 Order] to prevent or restrict development of that land; or

(f) is land on or adjacent to the line of a road or special road proposed to be constructed, improved or altered as indicated in a draft order referred to in a notice published in accordance with paragraph 1 of[F4 Schedule 8 to the Roads (Northern Ireland) Order 1993, or an order under Article 14(1) or 15(1) of that Order, being land in relation to which a power of compulsory acquisition conferred by that Order] is or may become exercisable, as being land required for purposes of construction, improvement, or alteration as indicated in the draft order or order or for the purposes of[F4 Article 112 of that Order]; or

(g) is land [F5 indicated in a development plan document (within the meaning of section 6(2) of the Planning Act)] as land which may be required for the purposes of any function of a government department, district council or authority possessing compulsory purchase powers; or

[F6 (h) is land indicated in a plan (not being a local development plan) as land which may be required for the purposes of any function of a government department, district council or authority possessing compulsory purchase powers, being land in respect of which the council intends to exercise its powers of planning control under Part 3 of the Planning Act by reference to such a plan;]

[F7 (i) is land in respect of which a council—

(a) has resolved to take action to safeguard it for development for the purposes of any function mentioned in sub-paragraph (h); or

(b) has been directed by the Department to restrict the grant of planning permission in order to safeguard it for such development;]

(j) is land indicated in a development scheme adopted under[F3 Article 86 of the Planning Order] as land which may be required for the purposes of any function of a government department, district council or authority possessing compulsory purchase powers; or

(k) is land shown on a map or plan published by the Department as land proposed to be acquired by it or the purposes of[F4 Article 112 of the Roads (Northern Ireland) Order 1993]; or

(l) is land in a housing action area, being land in respect of which the Northern Ireland Housing Executive has published information indicating that the Executive intends to acquire it.

[F8 (2) In paragraph (1)(g) the reference to a development plan document is a reference to—

(a) a development plan document adopted or approved for the purposes of Part 2 of the Planning Act;

(b) a revision of a development plan document in pursuance of section 14 of the Planning Act which is adopted or approved for the purposes of Part 2 of that Act;

(c) a development plan document which has been submitted to the Department for independent examination under section 10 of the Planning Act;

(d) a revision of a development plan document in pursuance of section 14 of the Planning Act if the document has been submitted to the Department for independent examination under section 10 of that Act.

(2A) But paragraph (2)(c) and (d) does not apply if the document is withdrawn under section 11 of the Planning Act at any time after it has been submitted for independent examination.

(2B) In paragraph (2)(c) and (d) the submission of a development plan document to the Department for independent examination is to be taken to include the holding of an independent examination by the planning appeals commission or a person appointed by the Department.;]

(3) In paragraph (1)(j) the reference to a development scheme adopted under[F3 Article 86 of the Planning Order] includes a reference to—

(a) a development scheme copies of which have been made available for inspection under[F3 Article 86(1)] of that Order;

(b) proposals under[F3 Article 86(4)] of that Order for amending a development scheme.

(4) No blight notice shall be served by virtue of paragraph (2) or (3) after the relevant provisions have been [F9 adopted or approved] (whether in their original form or with modifications).

(5) Where an appropriate authority has served a counter-notice objecting to a blight notice served by virtue of paragraph (2) or (3) then, if the relevant provisions are adopted [F10 or approved] (whether in their original form or with modifications or alterations) the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection and Article 7 shall have effect in relation to the further counter-notice as it has effect in relation to the counter-notice already served, but a further counter-notice under this paragraph shall not be served—

(a) at any time after the end of the period of two months beginning with the date on which the relevant provisions are adopted [F10 or approved]; or

(b) if the objection in the counter-notice already served has been withdrawn or the Lands Tribunal has already determined whether or not to uphold that objection.

(6) In paragraphs (4) and (5) “relevant provisions” means the relevant plan or development scheme or the proposals for such a plan or scheme.

F1 1981 NI 3

F2 1982 NI 20

F3 1991 NI 11

F4 1993 NI 15

F5 Words in art. 3(1)(g) substituted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(a)(i) (with s. 211); S.R. 2015/49, art. 2

F6 Art. 3(1)(h) substituted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(a)(ii) (with s. 211); S.R. 2015/49, art. 2

F7 Art. 3(1)(i) substituted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(a)(iii) (with s. 211); S.R. 2015/49, art. 2

F8 Art. 3(2)-(2B) substituted for art. 3(2) (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(b) (with s. 211); S.R. 2015/49, art. 2

F9 Words in art. 3(4) substituted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(c) (with s. 211); S.R. 2015/49, art. 2

F10 Words in art. 3(5) inserted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 36(d) (with s. 211); S.R. 2015/49, art. 2