PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 67



67.(1) Where a stop notice under Article 45 ceases to have effect, a person
who, at the time when it was first served, had an estate in [or occupied] the
land to which it relates shall, in any of the circumstances mentioned in
paragraph (2), be entitled to be compensated by the Ministry in respect of any
loss or damage suffered by him which is directly attributable to the
prohibition contained in the notice.

(2) A person shall be entitled to compensation under paragraph (1) in respect
of a prohibition contained in a stop notice in any of the following
circumstances

[(a)the enforcement notice is quashed;

(b)the enforcement notice is varied so that the matters alleged to constitute
a breach of planning control cease to include one or more of the activities
prohibited by the stop notice]

(c)the enforcement notice is withdrawn by the Ministry otherwise than in
consequence of the grant of planning permission for the development to which
the notice relates or for its retention or continuance without compliance with
a condition or limitation subject to which a previous planning permission was
granted;

(d)the stop notice is withdrawn.

Para.(3) rep. by 1978 NI 18 art.12(4)

(4) A claim for compensation under this Article shall be made to the Ministry
within the time and in the manner prescribed.

(5) The loss or damage in respect of which compensation is payable under this
Article in respect of a prohibition shall include a sum payable in respect of
a breach of contract caused by the taking of action necessary to comply with
the prohibition or of any liability arising by virtue of Article 45(8).

[(5A) In the assessment of compensation under this Article, account shall be
taken of the extent (if any) to which the claimant's entitlement is
attributable

(a)to his failure to comply with a notice under Article 104; or

(b)to any mis-statement made by him in response to such a notice.]

(6) Any question of disputed compensation under this Article shall be
determined by the Lands Tribunal.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 67