Compensation: failure of consultee to respond under section 229N.I.
189 Where a consultee fails to respond to a council or departmental consultation in accordance with section 229(3) and—
(a)that council or, as the case may be, the Department—
(i)takes a decision under this Act to grant planning permission in the absence of such a response; and
(ii)subsequently receives information which the council or the Department could reasonably expect to have been included in that response; and
(iii)decides to revoke or modify planning permission under section 68, or make an order under section 73, due to the information referred to in sub-paragraph (ii); and
(b)compensation is payable by a council under section 26 of the Act of 1965 in connection with the decision under sub-paragraph (iii),
the sponsoring department (if any) shall pay to the council the amount of compensation payable.
Modifications etc. (not altering text)
C1S. 189: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
Commencement Information
I1S. 189 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 189 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)