Planning (Northern Ireland) Order 1972

Planning (Northern Ireland) Order 1972 This Order may be cited as the Planning (Northern Ireland) Order 1972. Commencement The Interpretation Act (Northern Ireland) 1954 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. Words and expressions used in this Order and in the Planning Act (Northern Ireland) 2011 have the same meaning in this Order as they have in that Act . Para. (3) rep. by SLR 1976 PARTS II‐VII (arts. 3‐63) rep. by 1991 NI 11 Art. 64 rep. by 2001 c. 2 (NI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. In paragraph (1) “lawful access” means access authorised by virtue of planning permission or Article 80 of the Roads (Northern Ireland) Order 1993, or access in respect of which no such authorisation is necessary. A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed. Sections 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. This Article shall apply— where the development of land was permitted before 1st October 1973 by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 (development by mining undertakers); or where by virtue of section 9(1)(i) of the Act of 1944, the erection before 1st October 1973 of certain buildings for the purpose of agriculture did not constitute development, if in either such case, by virtue of the Planning Act , planning permission is required, and that permission is refused or granted subject to conditions. In a case falling within paragraph (1), section 26 of the Act of 1965 shall apply as if— planning permission had been granted for the development; and on the date of the planning decision in question that permission had been revoked or modified under Article 29. Art. 69A rep. by 2001 c. 2 (NI) In this Part “the Planning Act” means the Planning Act (Northern Ireland) 2011. Parts IX‐XII (arts. 70‐89) rep. by 1991 NI 11 Art. 90 rep. by 2001 c. 2 (NI) Arts. 91‐94 rep. by 1982 NI 9 Art. 95 rep. by 1991 NI 11 Art. 96 rep. by 1973 NI 21 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. 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 Schs. 1‐4 rep. by 1991 NI 11 Sch. 5 rep. by 1990 NI 14 Sch. 6 rep. by 1991 NI 11 Sch. 7 rep. by 1990 NI 14 1954 c.33 SRO 1944/58 1980 NI 12 1991 NI 11 1993 NI 15 2001 c. 2 (NI) Words in art. 2(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 9(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Words in art. 2(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 9(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Word in art. 68(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 10 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 69B(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 11 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 65 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 65A repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 66 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 66A repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 67 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 67A repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 67B repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 69 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) Art. 69B(2) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)