PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 77



77.(1) The Ministry may, for the purpose of improving the amenity of any area,
by order provide for the extinguishment of any right which persons may have to
use vehicles on a road, being a road other than a trunk road or a special
road.

(2) An order under paragraph (1) may include such provision as the Ministry
thinks fit for permitting the use on the road of vehicles (whether
mechanically propelled or not) in such cases as may be specified in the order,
notwithstanding the extinguishment of any such right as is mentioned in that
paragraph; and any such provision may be framed by reference to particular
descriptions of vehicles, or to particular persons by whom, or on whose
authority, vehicles may be used, or to the circumstances in which, or the
times at which, vehicles may be used for particular purposes.

(3) No provision contained in, or having effect under, any transferred
provision, being a provision prohibiting or restricting the use of footpaths
shall affect any use of a vehicle on a road in relation to which an order made
under paragraph (1) has effect, where the use is permitted in accordance with
provisions of the order included by virtue of paragraph (2).

(4) Any person who, at the time of an order under paragraph (1) coming into
force, has an estate in land having lawful access to a road to which the order
relates shall be entitled to be compensated by the Ministry in respect of any
depreciation in the value of his estate which is directly attributable to the
order and of any other loss or damage which is so attributable.

In this paragraph "lawful access" means access authoried by virtue of
[planning permission or Article 42 of the Roads (Northern Ireland) Order
1980], or access in respect of which no such authorisation is necessary.

(5) A claim for compensation under paragraph (4) shall be made to the Ministry
within the time and in the manner prescribed.

(6) Sections 31 to 33 of the Act of 1965 shall, subject to any necessary
modifications, have effect in relation to compensation under paragraph (4) as
they have effect in relation to compensation payable under Part II of that
Act.

(7) Where the Ministry revokes an order under paragraph (1), the effect of the
order shall be to reinstate any right to use vehicles on the road, being a
right which was extinguished by virtue of the order under that paragraph.

(8) Any order made under this Article may contain provisions for the
preservation of any rights of statutory undertakers in respect of any
apparatus of theirs which immediately before the date of the order is under,
in, on, over, along or across the road to which the order relates.

(9) This Article shall have effect without prejudice to

(a)any power conferred on the Ministry under any other enactment to authorise
the stopping up or diversion of a road; or

(b)Article 79.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 77