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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 72

72.(1) This Article shall have effect where, on an appliction for planning
permission to develop any land which has a restricted use by virtue of a
previous planning permission, permission is refused or granted subject to
conditions and the owner of the land serves a purchase notice.

(2) For the purposes of this Article, land has a restricted use by virtue of a
previous planning permission if it is part of a larger area in respect of
which planning permission was previously granted (and has not been revoked)
and either

(a)it remains a condition of the planning permission (however expressed) that
that part shall remain undeveloped or be preserved or laid out in a particular
way as amenity land in relation to the remainder; or

(b)the planning permission was granted on an application which contemplated
(expressly or by necessary implication) that the part should not be comprised
in the development for which planning permission was sought, or should be
preserved or laid out as aforesaid.

(3) If a purchase notice is served on the Ministry, the Ministry, although
satisfied that the land has become incapable of reasonably beneficial use, may
nevertheless serve a counter-notice if it appears to the Ministry that the
land ought, in accordance with the previous planning permission, to remain
undeveloped or, as the case may be, to remain or be preserved or laid out as
amenity land in relation to the remainder of the larger area for which that
planning permission was granted.

© 1972 Crown Copyright

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