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

Effect of valid blight notice N.I.

8.—(1) Where a blight notice has been served and either—

(a) no counter-notice has been served; or

(b) where such a counter-notice has been served, the objection is withdrawn, or on a reference to the Lands Tribunal, is not upheld by the Tribunal,

the appropriate authority shall, on the date of acceptance, be deemed to have entered into a contract to purchase the interest of the claimant in respect of which the notice is effective and the claimant shall, on that date, be deemed to have entered into a contract to sell that interest to the authority.

(2) The amount to be paid for an interest by an appropriate authority under a contract deemed to have effect under paragraph (1) shall be the amount which the authority would have paid for the interest if it had compulsorily acquired the interest on the date of acceptance under the relevant statutory provision.

(3) Any dispute as to the amount to be paid under paragraph (2) for an interest shall be determined by the Lands Tribunal.

[F1 (3A) A claimant may withdraw a blight notice at any time before the amount to be paid for the interest of the claimant has been agreed with the appropriate authority or determined by the Lands Tribunal or at any time before the end of six weeks beginning with the date on which that amount is so agreed or determined; and where a blight notice is withdrawn by virtue of this paragraph any contract deemed to have been made in consequence thereof shall be deemed not to have been made.]

(4) The date for the completion of the purchase of an interest in pursuance of a contract deemed to have effect under paragraph (1) shall, unless the claimant and the appropriate authority otherwise agree, be three months from the date on which they agree upon the amount to be paid for that interest or, in default of agreement on that amount, from the date on which the Lands Tribunal determines that amount.

(5) If on the date for the completion of a contract deemed to have effect under paragraph (1), the appropriate authority fails to pay to the claimant the amount payable to him under this Article, the authority shall, unless that failure arises from a cause other than the appropriate authority's act or default, pay to him, from that date until the date on which it pays that amount, interest on that amount at such rate as may for the time being be determined by the Department of Finance under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972F2 .

(6) Where a counter-notice has been served objecting to a blight notice on the grounds mentioned in Article 6(2)(c), then if either—

(a) the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and withdraws his claim as to the remainder of that hereditament or area, or

(b) on a reference to the Lands Tribunal, the Tribunal makes a declaration in accordance with Article 7(6),

paragraph (1) shall have effect in relation to the interest of the claimant in the part of the hereditament or affected area specified in the counter-notice (but not in any other part of the hereditament or area) except that in a case falling under sub-paragraph (a) the date of acceptance shall be the date on which notice is given by the claimant under that sub-paragraph.

(7) For the purposes of determining the amount to be paid for an interest under a contract deemed to have effect under paragraph (1), for any reference in Part II of the Act of 1971 to the date of acquisition substitute a reference to the date of acceptance.

(8) Where a relevant authority acquires a lesser estate than a fee simple in any land under this Article, or it has acquired such an estate under section 7 of the Act of 1971, that authority may purchase (by agreement or otherwise) such estates in the land as it considers appropriate or may make, or apply for, a vesting order in respect of the land under the relevant statutory provision.

(9) Where under paragraph (8) a relevant authority may purchase, otherwise than by agreement, an estate in land, it shall do so under the relevant statutory provision.

(10) In this Article—

• “the date of acceptance”

  (a)

  in a case where the Lands Tribunal, on a reference to it, does not uphold an objection, is the date of the Tribunal's determination;

  (b)

  in any other case, is the date on which the period of two months beginning with the date of service of a blight notice comes to an end;

• “relevant authority” means an appropriate authority or any predecessor in title of that authority.

F1 1982 NI 20

F2 1972 c. 9 (NI)