PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 27



27.(1) For the purposes of Articles 25 and 26, development shall be taken to
have begun on the earliest date on which any of the following operations
comprised in the development begins to be carried out

(a)where the development consists of or includes the erection of a building,
any work of construction in the course of the erection of the building;

(b)where the development consists of or includes alterations to a building,
any work involved in the alterations;

(c)where the development consists of or includes a change of use of any
building or other land, that change of use;

(d)where the development consists of or includes mining operations, any of
those operations.

(2) For the purposes of Article 26(2), a reserved matter shall be treated as
finally approved when an application for approval is granted, or, where there
is an appeal under Article 23, on the date of the determination of the appeal.

(3) Where the Ministry grants planning permission on an application to which
Article 22 does not apply the fact that any of the conditions of the
permission are required by this Order to be imposed or are deemed by this
Order to be imposed, shall not prevent the conditions being the subject of an
appeal under Article 23 against the decision of the Ministry.

(4) Where a planning permission (whether outline or other) has conditions
attached to it by or under Article 25 or 26

(a)development commenced and carried out after the date by which the
conditions of the permission require it to be commenced shall be treated as
not authorised by the permission; and

(b)an application for approval of a reserved matter, if it is made after the
date by which the conditions require it to be made, shall be treated as not
made in accordance with the terms of the permission.

(5) Compensation under Part II of the Act of 1965 shall not be payable in
respect of the application to any planning permission of any of the conditions
referred to in Articles 25 and 26.

(6) The said conditions shall be disregarded for the purposes of section 29 of
the Act of 1965 (compensation for planning decisions restricting development
other than new development).

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 27