[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> PLANNING (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 70

70.(1) Where

(a)on an application for planning permission under Part IV to develop any land
permission is refused or is granted subject to conditions; or

(b)by an order under Article 29 planning permission in respect of any land is
revoked, or is modified by the imposition of conditions;

(i)that the land has become incapable of reasonably beneficial use in its
existing state; and

(ii)in a case where planning permission was granted subject to conditions, or
was modified by the imposition of conditions, that the land cannot be rendered
capable of reasonably beneficial use by the carrying out of the permitted
development in accordance with those conditions; and

(iii)in any case, that the land cannot be rendered capable of reasonably
beneficial use by the carrying out of any other development for which planning
permission has been granted;

(2) Where, for the purpose of determining whether the conditions in paragraph
(1)(i) to (iii) are fulfilled in relation to any land, any question arises as
to what is a reasonably beneficial use of that land, then in determining that
question for that purpose no account shall be taken of any prospective use of
that land which would involve the carrying out of new development as defined
in section 43(1) of the Act of 1965.

(3) For the purposes of this Article, the conditions referred to in Articles
25 and 26 shall be disregarded.

© 1972 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pio1972294/s1972.html