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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 95

95.1) This Order shall apply to development consisting of the winning and
working of minerals subject to the adaptations and modifications specified in
paragraph (2).

(2) For the purposes of this Order "use" in relation to the development of
land does not include the use of land by the carrying out of mining
operations, so, however, that

(a)Article 11(3) shall apply in relation to the deposit of refuse or waste
materials in the course of mining operations; and

(b)in the following provisions:

(i)Article 18(1)(b);

(ii)Article 19;

<(iii)Article 29(4);


<(iv)Article 42(6) and (8), 44(5), 47 and 48;


(b)sxxtf1lf70tif3xtf1lf80nbbw0261f3f1lf20f5.(1) 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.

(2) 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 XV (arts.98, 99) inserts ss.2A, 7A in 1965 c.9(NI)

© 1972 Crown Copyright

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