PART IPRELIMINARY

Title and commencement1

1

This OrderF1 may be cited as the Planning (Northern Ireland) Order 1972.

2

Commencement

Interpretation2

1

The Interpretation Act (Northern Ireland) 1954 [1954 c.33] 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.

F22

Words and expressions used in this Order and in the F6Planning Act (Northern Ireland) 2011 have the same meaning in this Order as they have in F7that Act .

Para. (3) rep. by SLR 1976

PARTS II‐VII (arts. 3‐63) rep. by 1991 NI 11

PART VIIICOMPENSATION

Art. 64 rep. by 2001 c. 2 (NI)

Compensation where listed building consent revoked or modifiedF1065

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation in respect of orders under Article 29A or 37G(3)F1165A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation in respect of tree preservation ordersF1266

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning OrderF1366A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation in respect of orders under Article 100 of the Planning Order66B

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 orF3 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

F4Sections 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.

Compensation for loss due to stop noticeF1467

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation for loss or damage caused by service of building preservation noticeF1567A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation for loss due to temporary stop noticeF1667B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation where planning permission required under this Order but not under the Act of 194468

1

This Article shall apply—

a

where the development of land was permitted beforeF5 1st October 1973 by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 [SRO 1944/58] (development by mining undertakers); or

b

where by virtue of section 9(1)(i) of the Act of 1944, the erection beforeF5 1st October 1973 of certain buildings for the purpose of agriculture did not constitute development,

if in either such case, by virtue ofF5 the Planning F8Act , 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.

Compensation where planning permission assumed for other developmentF1769

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 69A rep. by 2001 c. 2 (NI)

Interpretation of this part69B

F91

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

F182

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parts IX‐XII (arts. 70‐89) rep. by 1991 NI 11

PART XIIIAMENDMENTS OF ACT OF 1965 IN RELATION TO PART I APPLICATIONS AND OF ACT OF 1971 AS TO PLANNING ASSUMPTIONS IN RELATION TO COMPENSATION FOR COMPULSORY ACQUISITION OF LAND

Art. 90 rep. by 2001 c. 2 (NI)

Arts. 91‐94 rep. by 1982 NI 9

PART XIVMINERALS

Art. 95 rep. by 1991 NI 11

Art. 96 rep. by 1973 NI 21

Modification of s.26(1) of the Act of 1965 in relation to minerals97

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.

Part XIVA (arts. 97A‐97F) rep. by 1991 NI 11

Arts. 98, 99 rep. by 1985 NI 1

Part XVI (arts. 100‐110) rep. by 1991 NI 11