PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 54



54.(1) The Ministry may, by agreement or compulsorily, acquire any land where
it is satisfied

(a)that the land is required in order to secure the treatment as a whole, by
development, redevelopment or improvement, or partly by one and partly by
another method, of the land or of any area in which the land is situated; or

(b)that it is expedient in the public interest that the land should be held
together with land so required; or

(c)that the land is required for development or redevelopment, or both, as a
whole for the purpose of providing for the relocation of population or
industry or the replacement of open space in the course of the redevelopment
or improvement of another area as a whole; or

(d)that it is expedient to acquire the land for a purpose which it is
necessary to achieve in the interests of the proper planning of an area in
which the land is situated.

(2) Where the Ministry in exercise of the power conferred on it by paragraph
(1) desires to acquire any land otherwise than by agreement, the Ministry may
make an order (in this Article referred to as a "vesting order") vesting the
land in the Ministry.

(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall,
subject to the modifications specified in Schedule 1, apply for the purposes
of the acquisition of land by means of a vesting order made under this Article
in the same manner as it applies to the acquisition of land by means of a
vesting order made under that Act.

(4) The power to make a vesting order in respect of land

(a)which is the property of a public body which has power under any
transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable;

(5) Before acquiring any land under paragraph (1) the Ministry shall consult
with the district council in whose area the land is situated.

(6) Proceedings under this Article for the acquisition of land in connection
with a development scheme may be taken concurrently (so far as practicable)
with proceedings required by Article 53 to be taken for the purpose of the
making of an order in relation to that development scheme, so, however, that a
vesting order vesting any such land in the Ministry shall not be made until
the order adopting the development scheme has been made.

(7) The Ministry may appropriate land for the purposes set out in paragraph
(1).

(8) Nothing in this Article shall authorise the acquisition without the
consent of the Ministry of Finance of any land on or in which there is, to the
knowledge of the Ministry, any historic monument or archaeological object
within the meaning of the Historic Monuments Act (Northern Ireland) 1971.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 54