[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/palcai1971435.txt

[New search] [Help]

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - LONG
TITLE

An Act to make further provision in relation to the acquisition of
land by public authorities in certain circumstances and as to the
assumptions to be made in assessing compensation for the compulsory
acquisition of land; to amend the Planning Acts (Northern Ireland)
1944 and 1965 and to make other provision with respect to planning
matters.
[15th June 1971]
PART I

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) Sections 2 to 10 have effect in relation to any land which

(a)is land authorised by any Local or Private Act to be
compulsorily acquired, or land falling within the limits of deviation
within which powers of compulsory acquisition are exercisable under
such an Act; or

(b)is land shown on a map or plan approved by a resolution of
[the Northern Ireland Housing Executive or a new town commission],
or land described in a resolution of [the Housing Executive or such
commission], as land which may be acquired for the purposes of
re-development under the Housing Acts (Northern Ireland) 1890 to
1971; or

(c)is land in an area which, under a resolution passed by [the
Northern Ireland Housing Executive or a new town commission], is a
proposed re-development area; or

(d)is land on which the Ministry proposes to provide a road and
has given to the [district council for the area] written notice of
its intention to provide the road, together with a map or plan
sufficient to identify the proposed route of the road; or

(e)is land

(i)on which [the Ministry] proposes to provide a road; and

(ii)in respect of which [the Ministry] has exercised its power under
the Planning Acts to prevent or restrict development of that land;
or

(f)is land on or adjacent to the line of a road or special road
proposed to be constructed, improved or altered as [indicated in a
draft order referred to in a notice published in accordance with
paragraph 1 of Schedule 6 to the Roads (Northern Ireland) Order
1980 or an order made under Article 13 or 14 of that Order] being
land in relation to which a power of compulsory acquisition
conferred by either of those Acts is or may become exercisable, as
being land required for purposes of construction, improvement or
alteration as indicated in the draft order or order; or

Para.(g) rep. by 1972 NI 17 art.110(2) sch.7; para.(h) rep. by 1976
NI 25 art.80(4) sch.6

(k)is land in respect of which the Ministry has exercised its
powers under Part IV of that Order to safeguard it for development
for the purposes of any function mentioned in paragraph (j);

(l)is land shown on a map or plan published by the Ministry as
land proposed to be acquired by it for the purposes of Article
24(1) of the Land Acquisition and Compensation (Northern Ireland)
Order 1973;]

[(m)is land in a housing action area, being land in respect of
which the Northern Ireland Housing Executive has published information
indicating that the Executive intends to acquire it;]

Subs.(2) rep. by SRO (NI) 1973/285

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 2
Interests qualifying for protection under this Part.

2.(1) An interest in [land] qualifies for protection under this Part
if on the date of service of a blight notice in respect thereof
the interest

(a)is that of a resident owner-occupier; or

(b)is that of an owner-occupier

(i)in an agricultural [unit] or part thereof; or

[(ii)in a hereditament the annual value of which does not exceed
#2,250.]

(2) In this Part "owner-occupier" in relation to a hereditament
means a person who

(a)occupies, in right of an owner's interest, the whole or a
substantial part of the hereditament and has so occupied the
hereditament or that part during the whole of the period of six
months ending with the date of service of a blight notice; or

(b)occupied, in right of an owner's interest, the whole or a
substantial part of the hereditament during the whole of a period
of six months ending not more than one year before the date of
service of a blight notice, the hereditament or that part thereof,
as the case may be, having been unoccupied since the end of that
period.

[(2A) In this Part "owner-occupier" in relation to an agricultural
unit means a person who

(a)occupies the whole of that unit, and has occupied it during the
whole of the period of six months ending with the date of service
of a blight notice; or

(b)occupied the whole of that unit during the whole of a period of
six months ending not more than one year before the date of
service of a blight notice,

(3) In this Part "resident owner-occupier" in relation to a
hereditament means an individual who

(a)occupies, in right of an owner's interest, the whole or a
substantial part of the hereditament as a private dwelling and has
so occupied the hereditament or that part during the whole of the
period of six months ending with the date of service of a blight
notice; or

(b)occupied, in right of an owner's interest, the whole or a
substantial part of the hereditament as a private dwelling during
the whole of a period of six months ending not more than one year
before the date of service of a blight notice, the hereditament, or
that part thereof, as the case may be, having been unoccupied since
the end of that period.

(4) The Ministry may by order substitute for the reference in
subsection (1)(b)(ii) [to #2,250], a reference to such other amount
as may be specified in the order.

(5) In this section "owner's interest" means a freehold interest
(whether legal or equitable) or a tenancy granted or extended for a
term of years of which, on the date of service, not less than
three years remain unexpired.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 3
Notice requiring purchase of claimant's interest.

3.(1) Where the whole or part of a hereditament [or agricultural
unit] is comprised in land of any of the specified descriptions and
a person claims that

(a)he is entitled to an interest in that hereditament [or
agricultural unit] which qualifies for protection under this Part,
and

(b)he has made reasonable endeavours to sell that interest, and

(c)[in consequence of the fact that the hereditament or unit or a
part of it was, or was likely to be, comprised in land of any of
the specified descriptions, he has been unable to sell that interest
except at a price substantially lower than that for which it might
reasonably have been expected to sell if no part of the
hereditament or unit were, or were likely to be, comprised in such
land],

(2) Subsection (1) applies to an interest in part of a hereditament
[or agricultural unit]; but this subsection does not enable any
person

(a)if he is entitled to an interest in the entirety of a
hereditament [or agricultural unit], to make any claim or serve a
blight notice in respect of his interest in part of the
hereditament [or agricultural unit]; or

(b)if he is entitled to an interest only in part of a hereditament
[or agricultural unit], to make any claim or serve a blight notice
in respect of his interest in less than the entirety of that part.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 4
Mortgagees.

4.(1) Subject to subsections (2) to (5), a person may serve a
blight notice on the appropriate authority under and in accordance
with this Part where he claims that

(a)he is entitled as mortgagee, by virtue of a power which has
become exercisable, to sell an interest in a hereditament [or
agricultural unit] comprised in land of any of the specified
descriptions, giving immediate vacant possession of the land;

(b)he has complied with the requirements specified in section 3(1)(b)
and (c) in relation to that interest.

(2) Section 3(2) applies to the interest of a mortgagee as it
applies to an interest which qualifies for protection under section
2.

(3) A mortgagee shall not serve a blight notice unless one or
other of the following conditions is satisfied with regard to the
interest which the mortgagee claims he has the power to sell,
namely:

(a)the interest could be the subject of a blight notice under
section 3 served by the person entitled thereto on the date of
service of a notice under this section; or

(b)the interest could have been the subject of such a notice by
that person on a date not more than six months before the date of
service of a notice under this section.

(4) No blight notice under this section shall be served in respect
of a hereditament [or agricultural unit, or any part of a
hereditament or agricultural unit,] at a time when a notice already
served under section 3 is outstanding in respect of that
hereditament [, unit or part]; and no notice shall be so served
under section 3 when a notice under this section is so outstanding.

(5) For the purposes of subsection (4), a blight notice shall be
treated as outstanding until

(a)it is withdrawn; or

(b)an objection to the notice having been made by a counter-notice
under section 5 either

(i)the period of two months specified in section 6 elapses without
the claimant having required the objection to be referred to the
Lands Tribunal; or

(ii)the objection, having been referred to the Lands Tribunal, is
upheld by the Tribunal.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 5
Objection to blight notice.

5.(1) Where a blight notice has been served under this Part, the
appropriate authority may within two months from the date of service
of that notice, serve on the claimant a counter-notice in the
prescribed form objecting to the notice.

(2) The grounds on which objection may be made in a counter-notice
to a blight notice are

(a)that no part of the hereditament [or agricultural unit] to which
the notice relates is comprised in land of any of the specified
descriptions;

(b)that the appropriate authority (unless compelled to do so by
virtue of this Part) does not propose to acquire compulsorily any
part of the hereditament [or (in the case of an agricultural unit)
any part of the affected area];

(c)[or (in the case of an agricultural unit) a part of the
affected area] that the appropriate authority proposes to acquire
compulsorily part of the hereditament specified in the counter-notice,
but (unless compelled to do so by virtue of this Part) does not
propose to acquire compulsorily any other part of that hereditament
[or area];

(d)that on the date of service of the blight notice the claimant
was not entitled to an interest in any part of the hereditament
[or agricultural unit];

(e)that (for reasons specified in the counter-notice) the interest of
the claimant does not qualify for protection under this Part;

(f)that the conditions in section 3(1)(b) and (c) are not fulfilled;

(g)in the case of land of a description specified in section
1(1)(b), (d) [(e) [(i), (j) [(k), (m) or (n)]]], that the
appropriate authority (unless compelled to do so by virtue of this
Part) does not propose to acquire compulsorily any part of the
hereditament [or (in the case of an agricultural unit) any part of
the affected area] during the period of fifteen years from the date
of the counter-notice, or such longer period as may be specified in
the counter-notice;

(h)that in the case of a blight notice served by a mortgagee

(i)on the date of service of the blight notice the claimant had no
interest as mortgagee in any part of the hereditament [or
agricultural unit] to which the notice relates;

(ii)(for reasons specified in the counter-notice) the claimant had
not at that date the power referred to in section 4(1)(a);

<(iii)(for reasons specified in the counter-notice) neither of the conditions specified in section 4(3) was, on the date of service of the blight notice, satisfied with regard to the interest referred to in that section.

(3) An objection may not be made under subsection (2)(g) if it
could be made under subsection (2)(b).

(4) A counter-notice served under this section shall specify on
which of the grounds mentioned in subsection (2) [or Article 60(3)
or 62(1) of the Land Acquisition and Compensation (Northern Ireland)
Order 1973] the appropriate authority object to a blight notice.

(5) The Ministry of Finance may advance money from the Government
Loans Fund to any person for the purpose of enabling him to
acquire a hereditament [or (in the case of an agricultural unit)
the affected area] in respect of which a counter-notice has been
served specifying the grounds mentioned in subsection (2)(g) as, or
as one of, the grounds of objection.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 6
Reference of objection to Lands Tribunal.

6.(1) Where a counter-notice has been served objecting to a blight
notice, the claimant may, within two months of the date of service
of the counter-notice, [refer the objection] to the Lands Tribunal.

(2) On any such reference, if the objection is not withdrawn, the
Lands Tribunal shall consider the matters set out in the blight
notice served by the claimant and the grounds of objection specified
in the counter-notice; and subject to subsection (3), unless it is
shown to the satisfaction of the Tribunal that the objection is not
well founded, the Tribunal shall uphold the objection.

(3) An objection on the ground mentioned in section 5(2)(b), (c) or
(g) shall not be upheld unless it is shown to the satisfaction of
the Tribunal that the objection is well founded.

(4) The Tribunal shall not uphold an objection on the ground
mentioned in section 5(2)(c) if the part of the hereditament which
the appropriate authority proposes to acquire is, or includes, part
of a house, building or factory and the Tribunal is satisfied that
that part cannot be acquired without causing material detriment to
the house, building or factory.

(5) If the Tribunal determines not to uphold the objection, it
shall declare the blight notice to which the counter-notice relates
as valid.

(6) If the Tribunal upholds the objection, but only on the grounds
mentioned in section 5(2)(c), it shall declare that the notice is a
valid notice in relation to the part of the hereditament [or (in
the case of an agricultural unit) of the affected area] specified
in the counter-notice as the part which the appropriate authority
proposes to acquire compulsorily, but not in relation to any other
part.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 7
Effect of valid blight notice.

7.(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,

(2) The amount to be paid for an interest by an appropriate
authority under a contract deemed to have effect under subsection
(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 subsection (2)
for an interest shall be determined by the Lands Tribunal.

(4) The date for the completion of the purchase of an interest in
pursuance of a contract deemed to have effect under subsection (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 subsection (1), the appropriate authority fails to
pay to the claimant the amount payable to him under this section,
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 Ministry of Finance under paragraph 23 of Schedule 2 to the
Local Government Act (Northern Ireland) 1934.

(6) Where a counter-notice has been served objecting to a blight
notice on the grounds mentioned in section 5(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 section 6(6),

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

(8) In this section

"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.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 8
Partnerships.

8.(1) This Part applies to a hereditament [or agricultural unit]
occupied for the purposes of a partnership firm subject to
subsections (2) and (3).

(2) Occupation for the purposes of the firm shall be treated as
occupation by the firm, and not as occupation by any one or more
of the partners individually, and the definition of "owner-occupier"
in section 2 shall apply in relation to the firm accordingly.

(3) If after the service of a blight notice by the firm any
change occurs (whether by death or otherwise) in the constitution of
the firm, any proceedings, rights or obligations consequential upon
that notice may be carried on or exercised by or against, or (as
the case may be) shall be incumbent upon, the partners for the
time being constituting the firm.

(4) Subsection (2) does not affect the definition of "resident
owner-occupier" in section 2.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 9
Deaths of claimants after service of blight notice.

9. In relation to any time after the death of a person who has
served a blight notice, sections 1 to 8 apply as if any reference
therein to the claimant were a reference to his personal
representatives.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 10
Interpretation (Part I).

10.(1) In this Part

"Act" includes an Act of the Parliament of the United Kingdom;

["the affected area", in relation to an agricultural unit, means so
much of that unit as, on the date of service of a blight notice,
consists of land falling within any of the specified descriptions;

"agriculture" includes horticulture, fruit growing, seed growing, dairy
farming and livestock breeding and keeping, the use of land as
grazing lands, meadow land, market gardens and nursery grounds, and
the use of land for woodlands where that use is ancillary to the
farming of land for other agricultural purposes; and "agricultural"
shall be construed accordingly;

"agricultural unit" means land which is occupied as a unit for
agricultural purposes, including any dwellinghouse or other building
occupied by the same person for the purposes of farming the land;]

"annual value" in relation to a hereditament, means the value which
on the date of service of a blight notice, is shown in the
valuation list as the net annual value of the hereditament ...;

"appropriate authority", in relation to any land, means the
government department, [district council] or other body by which, by
virtue of the circumstances described in section 1, the land is
liable to be acquired as mentioned in that section or is indicated
as being proposed to be so acquired;

"blight notice" means a notice served under section 3 [or Article
60 of the Land Acquisition and Compensation (Northern Ireland) Order
1973];

"the claimant" in relation to a blight notice means the person who
served that notice and any reference to the interest of the
claimant, in relation to such a notice is a reference to the
interest which the notice requires the appropriate authority to
purchase as mentioned in section 3;

"hereditament" (subject to subsections (2) and (3)) means the
aggregate of the land which forms the subject of a single entry in
the valuation list for the time being in force, ...;

Definitions rep. by 1972 NI 17 art.110(2) sch.7; SRO (NI) 1973/285

"mortgagee" includes a person entitled to a charge or lien for
securing money or money's worth;

"prescribed" means prescribed by regulations made by the Ministry;

"relevant statutory provision" in relation to land falling within any
of the specified descriptions, means the statutory provision which
provides for the compulsory acquisition of land as being land
falling within that description;

"specified descriptions" means the descriptions specified in section
1(1)(a) to [(n)];

"tenancy" includes a tenancy created or renewed in pursuance of any
enactment, but does not include

(a)a mortgage term;

(b)any estate arising in favour of a mortgagor solely by reason of
his attorning tenant to his mortgagee.

(2) Where land is on the boundary between two or more [district
council], and accordingly

(a)different parts of that land form the subject of single entries
in the valuation lists for those [districts], but

(b)if the whole of that land had been in one of those [districts],
it would have formed the subject of a single entry in the
valuation list for that [district],

(3) Land which forms the subject of an entry in the valuation list
by reason only that it is land over which any shooting, fishing
and other sporting rights are exercisable, or that it is land over
which a right of exhibiting advertisements is let out or reserved,
shall not be taken to be a hereditament within the meaning of this
Part.

(4) If any question arises as to which authority is the appropriate
authority for the purposes of this Part, the question shall be
determined by the Ministry, whose decision shall be final.

(5) If any such question as is referred to in subsection (4)
arises

(a)section 2(2)(b) and (3)(b) shall apply with the substitution for
the reference to a period of one year of a reference to that
period extended by so long as it takes to have the question
determined;

(b)section 4(3)(b) shall apply with the substitution for the
reference to a period of six months of a reference to that period
extended by so long as it takes to have the question determined;

(c)section 5(1) shall apply with the substitution for the reference
to the date of service of a blight notice of a reference to the
date on which that question is determined, if that is after the
date of service.

1973 NI 21

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 11

11.(1) For the purpose of assessing the compensation in respect of
any compulsory acquisition, such one or more of the assumptions
mentioned in section 12 as are applicable to the relevant land or
any part thereof shall be made in ascertaining the value of the
relevant interest.

(2) Any planning permission which is to be assumed in accordance
with that section, is in addition to any planning permission which
may be in force at the date of acquisition.

(3) Nothing in this Part shall be construed as requiring it to be
assumed that planning permission would necessarily be refused for any
development which is not development for which, in accordance with
this Part, the granting of planning permission is to be assumed;
but in determining whether planning permission for any development
could in any particular circumstances reasonably have been expected
to be granted in respect of any land, regard shall be had to any
contrary opinion expressed in relation to that land in any
certificate issued under sections 13 and 14.

(4) For the purposes of any reference in this section or section
12 to planning permission which is in force on the date of
acquisition, it is immaterial whether the planning permission in
question was granted

(a)unconditionally or subject to conditions, or

(b)in respect of the land in question taken by itself or in
respect of an area including that land,

General as to assumptions relating to planning permission.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 12

12.(1) In a case where

(a)the relevant interest is to be acquired for purposes which
involve the carrying out of proposals of the acquiring authority for
development of the relevant land or part thereof, and

(b)on the date of acquisition there is not in force planning
permission for that development,

(2) ..., it shall be assumed that planning permission would be
granted in respect of the relevant land or any part thereof, for
development of any class specified in Schedule 1 to the Act of
1965 (development not constituting new development).

Subs.(3) rep. by 1972 NI 17 art.110(2) sch.7

(4) Where a certificate is issued under section 13 or 14, it shall
be assumed that any planning permission which, according to the
certificate might reasonably have been expected to be granted in
respect of the relevant land or part thereof would be so granted,
but, where any conditions are, in accordance with those sections,
specified in the certificate, only subject to those conditions and,
if any future time is so specified, only at that time.[

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT
12A
Assumptions as to grant of planning permission.

12A.(1) If the relevant land or any part thereof (not being land
in a proposed redevelopment area or in the area of a proposed
development scheme) consists or forms part of an area shown in the
development plan as an area allocated primarily for a use specified
in the plan in relation to that area, it shall be assumed that
planning permission would be granted in respect of the relevant land
or that part thereof, as the case may be, for any development
which

(a)is development for the purposes of that use of the relevant land
or that part thereof; and

(b)is development for which planning permission might reasonably have
been expected to be granted in respect of the relevant land or
that part thereof as the case may be.

(2) If the relevant land or any part thereof (not being land in a
proposed redevelopment area or in the area of a proposed development
scheme) consists or forms part of an area shown in the development
plan as an area allocated primarily for a range of two or more
uses specified in the plan in relation to the whole of that area,
it shall be assumed that planning permission would be granted, in
respect of the relevant land or that part thereof, as the case may
be, for any development which

(a)is development for the purposes of a use of the relevant land
or that part thereof, being a use falling within that range of
uses; and

(b)is development for which planning permission might reasonably have
been expected to be granted in respect of the relevant land or
that part thereof as the case may be.]

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 13
Special assumptions deriving from development plans.

13.[(1) Where an interest in land is proposed to be acquired by an
authority possessing compulsory acquisition powers and that land or
part thereof is in a proposed redevelopment area or in the area of
a proposed development scheme or does not consist or form part of
an area

(a)which the acquiring authority propose to develop for residential,
commercial or industrial use or for a range of two or more uses
any of which is residential, commercial or industrial; or

(b)indicated in the development plan for a use which is primarily
residential, commercial or industrial or for a range of two or more
uses any of which is residential, commercial or industrial;

(2) If in the case of an interest in land falling within
subsection (1), the authority acquiring it have purchased it or have
been granted or have made a vesting order in respect thereof, and
a reference has been made to the Lands Tribunal to determine the
amount of the compensation payable in respect of that interest, no
application for a certificate under this section shall be made by
either of the parties directly concerned after the date of that
reference except either

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal.

(3) An application under this section made by either of those
parties

(a)shall specify one or more classes of development appearing to the
applicant to be classes of development which would be appropriate
for the land in question if it were not proposed to be acquired
by any authority possessing compulsory acquisition powers, and

(b)shall be accompanied by a statement specifying the date on which
a copy of the application has been or will be served upon the
other of those parties.

(4) ... where an application is made to the Ministry for a
certificate under this section in respect of an interest in the
land, the Ministry shall, not earlier than twenty-one days after the
date specified in the statement mentioned in subsection (3)(b) issue
to the applicant a certificate stating either of the following to
be the opinion of the Ministry regarding the planning permission
that might have been expected to be granted in respect of the land
in question, if it were not proposed to be acquired by any
authority possessing compulsory acquisition powers

(a)that planning permission for development of one or more classes
specified in the certificate (whether specified in the application or
not) might reasonably have been expected to be granted; or

(b)that planning permission could not reasonably have been expected
to be granted for any development other than the development, if
any, which is proposed to be carried out by the authority by whom
the interest is proposed to be acquired.

Subs.(5) rep. by 1972 NI 17 art.110(2) sch.7

(6) Where, in the opinion of the Ministry planning permission might
reasonably have been expected to be granted as mentioned in
subsection (4)(a) but would only have been granted subject to
conditions, or at a future time, or both subject to conditions and
at a future time, the certificate shall specify those conditions or
that future time or both as the case may be, in addition to the
other matters required to be contained in the certificate.

(7) Where an application for a certificate under this section
relates to land of which part (but not the whole) consists or
forms part of such an area as mentioned in subsection (1)[(a) or
(b)], any certificate issued under this section in pursuance of that
application shall be limited to so much of that land as does not
fall within any such area.

[(7A) In determining, for the purposes of the issue of a
certificate under this section, whether planning permission for any
particular class of development might reasonably have been expected
to be granted in respect of any land, the Ministry shall not treat
development of that class as development for which planning
permission would have been refused by reason only that it would
have involved development of the land in question (or of that land
together with other land) otherwise than in accordance with the
provisions of the development plan relating thereto.]

(8) On issuing to one of the parties directly concerned a
certificate under this section in respect of an interest in land,
the Ministry shall serve a copy of the certificate on the other of
those parties.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 14
Certificate of alternative development.

14. The Ministry may by regulations make provision with respect to
the manner in which applications under section 13 are to be made
and dealt with.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 15
Applications under s.13.

15.(1) In this Part

"date of acquisition" is the date on which a vesting order becomes
operative;

"the parties directly concerned" in relation to an interest in land
means the person entitled to the interest and the authority by whom
it is proposed to be acquired;

"relevant interest" means the interest to be acquired compulsorily in
pursuance of a vesting order;

"relevant land" means the land in which the relevant interest
subsists.

[(2) For the purpose of section 13 an interest in land shall be
taken to be an interest proposed to be acquired by an authority
possessing compulsory acquisition powers

(a)where an application for the making of a vesting order in
respect of that interest has been made under any statutory
provision; or

(b)where an offer in writing has been made by or on behalf of the
authority to negotiate for the purchase of that interest; or

(c)where a notice requiring the purchase of that interest has been
served under any statutory provision and under that statutory
provision there is deemed to be a contract to sell the interest to
the authority.]

S.16 rep. by 1972 NI 17 art.110(2) sch.7

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 17
Interpretation (Part II).

17.(1) Where a planning authority have, before the passing of this
Act, purported to give a decision on an application for planning
permission after the date on which the application was deemed to
have been refused under section 2(5) of the Act of 1944, subsection
(2) shall have effect in relation to the application and decision.

(2) Subject to subsections (3) and (5)

(a)the application for planning permission shall not be deemed to
have been refused under section 2(5) of the Act of 1944; and

(b)any decision given in pursuance of the application shall be
deemed to have had effect from the date on which the planning
authority purported to give it; and

(c)anything done or matter arising in relation to that decision
shall have effect and shall be deemed, from the date on which the
thing or matter purported to have effect as if it had been done
or had arisen in relation to a decision which has effect as
mentioned in paragraph (b).

(3) Subsection (2) shall not affect

(a)any order, decree or judgment arising out of legal proceedings
begun before the passing of this Act;

(b)any other proceedings in relation to any such order, decree or
judgment; or

(c)any decision on an appeal under section 2(6) of the Act of 1944
begun before the passing of this Act in relation to an application
for planning permission referred to in subsection (1).

(4) Where

(a)any land is the subject of a planning decision in respect of
which compensation is payable, or has been paid, under the Act of
1944 or Part II of the Act of 1965; and

(b)after the passing of this Act, such a decision as is mentioned
in subsection (1) is, in relation to that land or any part of it,
modified or revoked by an order under section 3 of the Act of
1944 [or Article 29 of the Order of 1972],

(i)in determining the depreciation of the value of a compensatable
estate in the land or part, the order shall be deemed to have
been made on the day on which the planning decision mentioned in
paragraph (a) is given;

(ii)there shall be deducted, from any compensation payable under
section 26 of the Act of 1965, in respect of a compensatable
estate in the land or part any compensation paid under the Act of
1944 or paid or payable under Part II of the Act of 1965 in
respect of that estate.

(5) Subsection (2) shall not have effect in relation to so much of
any decision made on an application for planning permission which
grants permission for development (whether subject to conditions or
not) as relates to land which consists of or includes land which
is or has been the subject of an order under section 3 of the
Act of 1944 [or Article 29 of the Order of 1972].

Ss.1825 rep. by 1972 NI 17 art.110(2) sch.7. S.26 amends s.43 of
1965 c.23 (NI)

Validation of certain planning decisions.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 27

27.(1) Subject to subsection (2), section 16 of the Lands Tribunal
and Compensation Act (Northern Ireland) 1964 shall have effect, and
be deemed always to have had effect as if the following subsection
were inserted after subsection (1):

"(1A) Where any of the relevant land forms part of an area
designated as the site of a new town by an order under the New
Towns Act (Northern Ireland) 1965, no account shall be taken of any
increase or diminution in the value of the relevant land which is
attributable to the carrying out, or the prospect of carrying out,
of so much of any development on the relevant land or on other
land in that area in the course of the development of that area
as a new town, as would not have been likely to have been, or to
be, carried out if the area had not been so designated".

(2) Subsection (1) does not affect the compensation payable in
respect of any land compulsorily acquired before the passing of this
Act if the amount of that compensation has been agreed between the
person entitled to the compensation and the person liable to pay it
or has been determined by the Lands Tribunal.

S.28 amends s.42 of 1954 c.33 (NI)

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 29
1965 c.13

29. There may be defrayed out of money provided by Parliament

(a)any expenses incurred under this Act by the Ministry;

(b)any increase, attributable to this Act, in the sums which, under
any other enactment, may be so defrayed.

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 30
Expenses.

30.(1) In this Act

"the Act of 1944" means the Planning (Interim Development) Act
(Northern Ireland) 1944;

"the Act of 1965" means the Land Development Values (Compensation)
Act (Northern Ireland) 1965;

"authority possessing compulsory acquisition powers" means a person
with power to acquire an interest in land otherwise than by
agreement;

"the Lands Tribunal" means the Lands Tribunal for Northern Ireland;

"the Ministry" means the Ministry of Development;

["the Order of 1972" means the Planning (Northern Ireland) Order
1972;]

"the Planning Acts" means the Planning Acts (Northern Ireland) 1931
to 1965;

"planning authority" means an interim development authority or, in
relation to any area where, under the New Towns Act (Northern
Ireland) 1965, the Ministry exercises the functions of such an
authority, the Ministry;

"planning permission" means permission granted in pursuance of an
interim development application [or under the Order of 1972].

(2) Regulations and orders made by the Ministry under this Act
shall be subject to negative resolution.

S.31, with Schedule, effects repeals

PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 32
1965 c.13

32.(1) This Act may be cited as the Planning and Land Compensation
Act (Northern Ireland) 1971.

(2) Commencement

(3) Parts I and III shall be construed as one with the Planning
Acts and those Parts and those Acts may be cited together as the
Planning Acts (Northern Ireland) 1931 to 1971.

(4) Part II shall be construed as one with the Acquisition of Land
(Assessment of Compensation) Act 1919 and Part II of the Lands
Tribunal and Compensation Act (Northern Ireland) 1964 and Part II,
the said Act of 1919 and Part II of the said Act of 1964 may be
cited together as the Land Compensation Acts (Northern Ireland) 1919
to 1971.

ScheduleRepeals

1964 c.29