N.I.
Planning Act (Northern Ireland) 2011
2011 CHAPTER 25
An Act to make provision in relation to planning; and for connected purposes.
[4th May 2011]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Modifications etc. (not altering text)
C1Act power to make supplementary and transitional provisions conferred (20.5.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 124(1)(c), 129 (with s. 124(4)); S.R. 2014/142, art. 2(c)
Part 1 N.I.Functions of Department of the Environment with respect to development of land
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 2 N.I.Local development plans
GeneralN.I.
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“Development” and requirement of planning permissionN.I.
Meaning of “development”N.I.
23—(1) In this Act, subject to subsections (2) to (6), “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
(2) For the purposes of this Act “building operations” includes—
(a)demolition of buildings;
(b)rebuilding;
(c)structural alteration of or addition to buildings; and
(d)other operations normally undertaken by a person carrying on business as a builder.
(3) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
(a)the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
(b)the carrying out by a council or statutory undertaker of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
(c)the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;
(d)the use of any land for the purposes of agriculture or forestry and the use for any of those purposes of any building occupied together with land so used;
(e)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Department for the purpose of this section, the use of the buildings or other land or, subject to the provisions of the order, of any part thereof for any other purpose of the same class;
(f)the demolition of any description of building specified in a direction given by the Department to councils generally or to a particular council;
(g)a structural alteration of any description of building specified in a direction given by the Department to councils generally or to a particular council, where the alteration consists of demolishing part of the building.
(4) The Department may in a development order specify any circumstances or description of circumstances in which subsection (3) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.
(5) For the purposes of this section—
(a)the use as two or more separate dwelling-houses of any building previously used as a single dwelling-house involves a material change in the use of the building and of each part thereof which is so used;
(b)the deposit of refuse or waste material on land involves a material change in the use thereof, notwithstanding that the land is comprised in a site already used for that purpose, if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.
(6) Without prejudice to any regulations made under this Act relating to the control of advertisements, a use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this Act as involving a material change in the use of that part of the building.
Commencement Information
I1S. 23 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Development requiring planning permissionN.I.
24—(1) Subject to this Act, planning permission is required for the carrying out of any development of land.
(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
(4) Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.
(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part.
Commencement Information
I2S. 24 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Development managementN.I.
Hierarchy of developmentsN.I.
25—(1) For the purposes of this Act, a development belongs to one of the following categories—
(a)the first, to be known as “major developments”; and
(b)the second, to be known as “local developments”.
(2) The Department must by regulations describe classes of development and assign each class to one of the categories mentioned in paragraphs (a) and (b) of subsection (1).
(3) But the Department may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.
Commencement Information
I3S. 25 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Department's jurisdiction in relation to developments of regional significanceN.I.
26—(1) A person who proposes to apply for permission for any major development (except a development to which section 213 applies) which is prescribed in regulations made for the purposes of this subsection (“the prospective applicant”) must, before complying with section 27, enter into consultations with the Department.
(2) The Department may make regulations prescribing the procedure to be followed in relation to consultations under this section.
(3) Without prejudice to any regulations made under subsection (2), the prospective applicant must, for the purpose of consultations under that subsection, supply to the Department sufficient information in relation to the proposed development to enable the Department to assess the proposed development.
(4) Where, following consultations under this section, the Department is of the opinion that the proposed development would, if carried out—
(a)be of significance to the whole or a substantial part of Northern Ireland or have significant effects outside Northern Ireland, or
(b)involve a substantial departure from the local development plan for the area to which it relates,
it must serve a notice in writing on the prospective applicant stating that the development is development to which this section applies.
(5) An application for planning permission for development to which this section applies must be made to the Department.
(6) Where, following consultations under this section, the Department is of the opinion that the proposed development would not, if carried out—
(a)be of significance to the whole or a substantial part of Northern Ireland or have significant effects outside Northern Ireland, or
(b)involve a substantial departure from the local development plan for the area to which it relates,
it must serve a notice in writing on the prospective applicant stating—
(i)that it is of that opinion; and
(ii)that the prospective applicant's application for planning permission, if it is proceeded with, must be made to the appropriate council.
(7) No application for planning permission in respect of a development specified in regulations made for the purposes of subsection (1) may be made to a council unless or until a notice is served under subsection (6) in relation to the development.
(8) The Department must serve a copy of a notice under subsection (4) or (6), as the case may be, on the appropriate council.
(9) For the purpose of considering representations made in respect of an application for planning permission which is an application to which section 235 (national security) applies, the Department must, subject to any rules made under subsection (2) or (5) of that section, cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(10) For the purpose of considering representations made in respect of an application for planning permission made to it, other than an application mentioned in subsection (9), the Department may cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(11) Where a public local inquiry is not held under subsection (10), the Department must, before determining the application, serve a notice in writing on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department shall afford to each of them an opportunity of appearing before and being heard by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(12) In determining an application for planning permission made to it, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.
(13) The decision of the Department on an application for planning permission made to it shall be final.
Commencement Information
I4S. 26 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Pre-application community consultationN.I.
27—(1) Before submitting an application for planning permission for a major development (except a development to which section 213 applies), the prospective applicant must comply with the following provisions of this section.
(2) The prospective applicant must give notice (to be known as a “proposal of application notice”) to the appropriate council that an application for planning permission for the development is to be submitted.
(3) A period of at least 12 weeks must elapse between giving the notice and submitting any such application.
(4) A proposal of application notice must be in such form, and have such content, as may be prescribed but must in any event contain—
(a)a description in general terms of the development to be carried out;
(b)if the site at which the development is to be carried out has a postal address, that address;
(c)a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site, and
(d)details as to how the prospective applicant may be contacted and corresponded with.
(5) Regulations may—
(a)require that the proposal of application notice be given to persons specified in the regulations,
(b)prescribe—
(i)the persons who are to be consulted as respects a proposed application, and
(ii)the form that consultation is to take.
(6) The council may, provided that it does so within the period of 21 days after receiving the proposal of application notice, notify the prospective applicant that it requires (either or both)—
(a)that the proposal of application notice be given to persons additional to those specified under subsection (5) (specifying in the notification who those persons are);
(b)that consultation additional to any required by virtue of subsection (5)(b) be undertaken as regards the proposed development (specifying in the notification what form that consultation is to take).
(7) In considering whether to give notification under subsection (6) the council is to have regard to the nature, extent and location of the proposed development and to the likely effects, at and in the vicinity of that location, of its being carried out.
(8) In the case of an application for planning permission to be made to the Department, this section has effect as if any reference to a council were a reference to the Department.
Commencement Information
I5S. 27 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Pre-application community consultation reportN.I.
28—(1) A person who, before submitting an application for planning permission for a development, is required to comply with section 27 and who proceeds to submit that application is to prepare a report (a “pre-application community consultation report”) as to what has been done to effect such compliance.
(2) A pre-application community consultation report is to be in such form as may be prescribed.
Commencement Information
I6S. 28 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Call in of applications, etc., to DepartmentN.I.
29—(1) The Department may give directions requiring applications for planning permission made to a council, or applications for the approval of a council of any matter required under a development order, to be referred to it instead of being dealt with by councils.
(2) A direction under subsection (1)—
(a)may be given either to a particular council or to councils generally; and
(b)may relate either to a particular application or to applications of a class specified in the direction.
(3) Where the Secretary of State or, as the case may be, the Department of Justice has certified that an application for planning permission or an application for any approval under this Act or a development order is an application to which section 235 (national security) applies, the Department of the Environment must give a direction to the council to which the application was made requiring the application to be referred to the Department of the Environment instead of being dealt with by the council.
(4) Any application in respect of which a direction under this section has effect shall be referred to the Department accordingly.
(5) For the purpose of considering representations made in respect of an application to which section 235 applies which has been referred to it under this section, the Department must, subject to any rules made under subsection (2) or (5) of that section, cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(6) For the purpose of considering representations made in respect of an application referred to it under this section, other than an application mentioned in subsection (5), the Department may cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(7) Where a public local inquiry is not held under subsection (6), the Department must, before determining the application, serve a notice in writing on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department shall afford to each of them an opportunity of appearing before and being heard by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(8) In determining an application for planning permission referred to it, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.
(9) The decision of the Department on an application for planning permission referred to it shall be final.
Commencement Information
I7S. 29 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Pre-determination hearingsN.I.
30—(1) Regulations or a development order may provide that, before determining an application for planning permission for a development of a class prescribed in the regulations or specified in the order, a council is to give the applicant and any person so prescribed or specified an opportunity of appearing before and being heard by a committee of the council.
(2) The procedures in accordance with which any such hearing is arranged and conducted (including, without prejudice to the generality of this subsection, procedures for ensuring relevance and avoiding repetition) and any other procedures consequent upon the hearing are to be such as the council considers appropriate.
(3) Any right of attendance at the hearing (other than for the purpose of appearing before and being heard by the committee) is to be such as the council considers appropriate.
(4) In relation to an application other than is provided for in regulations or a development order under subsection (1), a council may elect to give the applicant and any other person an opportunity such as is mentioned in that subsection; and if the council does so elect, subsections (2) and (3) apply accordingly.
Commencement Information
I8S. 30 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Local developments: schemes of delegationN.I.
31—(1) A council must—
(a)as soon as practicable after the coming into operation of this section, and thereafter—
(i)whenever required to do so by the Department; or
(ii)subject to sub-paragraph (i), at such intervals as may be provided for in regulations made under this section,
prepare a scheme (to be known as a “scheme of delegation”) by which any application for planning permission for a development within the category of local developments or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category is to be determined by a person appointed by the council for the purposes of this section instead of by it, and
(b)keep under review the scheme so prepared.
(2) The determination of any person so appointed is to be treated as that of the council.
(3) Without prejudice to subsection (1)(a)(ii), regulations under this section may make provision as to—
(a)the form and content of,
(b)the procedures for preparing and adopting, and
(c)the requirement to publish,
a scheme of delegation.
(4) Where an application for planning permission falls to be determined by a person so appointed, sections 41(3), 42, 45, 46, 48, 52(1) and (2), 54, 58 and 60 apply, with any necessary modifications, as they apply to an application which falls to be determined by the council.
(5) The council may, if it thinks fit, decide to determine an application itself which would otherwise fall to be determined by a person so appointed.
(6) Any such decision must include a statement of the reasons for which it has been taken; and a copy of the decision is to be served on the applicant.
Commencement Information
I9S. 31 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Development ordersN.I.
Development ordersN.I.
32—(1) The Department must by order (in this Act referred to as a “development order”) provide for the grant of planning permission.
(2) A development order may either—
(a)itself grant planning permission for development specified in the order or for development of any class so specified; or
(b)in respect of development for which planning permission is not granted by the order itself, provide for the grant of planning permission by a council (or, in the cases provided for elsewhere in this Act, the Department) on an application made to the council or, as the case may be, the Department, in accordance with the order.
(3) A development order may be made either—
(a)as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or
(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.
(4) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
(5) Without prejudice to the generality of subsection (4), where planning permission is granted by a development order for development of a specified class, the order may enable a council or the Department to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.
(6) Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of other references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
(7) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with a local development plan, a development order may direct that any statutory provision in relation to any development specified under the order—
(a)shall not apply to any development specified in the order; or
(b)shall apply to it subject to such modifications as may be so specified.
Commencement Information
I10S. 32 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Simplified planning zone schemesN.I.
Simplified planning zonesN.I.
33—(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.
(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.
(4) A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the council for the district within which the zone is located thinks appropriate for explaining or illustrating the provisions of the scheme, and must specify—
(a)the development or classes of development permitted by the scheme;
(b)the land in relation to which permission is granted; and
(c)any conditions, limitations or exceptions subject to which it is granted;
and must contain such other matters as may be prescribed.
Commencement Information
I11S. 33 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Making and alteration of simplified planning zone schemesN.I.
34—(1) A council may at any time make a simplified planning zone scheme in respect of any area within its district.
(2) A council may at any time alter—
(a)a simplified planning zone scheme adopted by it; or
(b)with the consent of the Department, a simplified planning zone scheme approved by the Department.
(3) In exercising its functions under subsection (1) or (2), the council must take account of—
(a)the regional development strategy;
(b)any policy or advice contained in guidance issued by the Department;
(c)such other matters as the Department may prescribe or, in a particular case, direct.
(4) Schedule 1 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.
Commencement Information
I12S. 34 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Simplified planning zone schemes: conditions and limitations on planning permissionN.I.
35—(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
(a)conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted; and
(b)conditions or limitations requiring the consent, agreement or approval of the council in relation to particular descriptions of permitted development;
and different conditions or limitations may be specified for different cases or classes of case.
(2) Nothing in a simplified planning zone scheme shall affect the right of any person—
(a)to do anything not amounting to development; or
(b)to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;
and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
Commencement Information
I13S. 35 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Duration of simplified planning zone schemeN.I.
36—(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
(2) Upon the scheme's ceasing to have effect, planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.
(3) The provisions of section 64(2) to (6) and sections 65 and 66 apply to planning permission under a simplified planning zone scheme where development has been begun but not completed by the time the area ceases to be a simplified planning zone.
(4) The provisions of section 63(2) apply in determining for the purposes of this section when development shall be taken to be begun.
Commencement Information
I14S. 36 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Alteration of simplified planning zone schemeN.I.
37—(1) The adoption of alterations to a simplified planning zone scheme has effect as follows.
(2) The adoption of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.
(3) The adoption of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
(4) The adoption of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.
(5) The adoption of alterations providing for—
(a)the exclusion of land from the simplified planning zone;
(b)the withdrawal of planning permission; or
(c)the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption.
(6) The adoption of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun before the adoption of alterations has effect; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.
(7) This section applies to the approval of alterations to a simplified planning zone by the Department as it applies to the adoption of such alterations by a council.
Commencement Information
I15S. 37 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Exclusion of certain descriptions of land or developmentN.I.
38—(1) The following descriptions of land may not be included in a simplified planning zone—
(a)land in a conservation area;
(b)land in an area which is—
(i)designated as a National Park under Article 12 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1);
(ii)designated as an area of outstanding natural beauty under Article 14 of that Order;
(iii)declared to be an area of special scientific interest under Article 28 of the Environment (Northern Ireland) Order 2002 (NI 7);
(c)land declared to be a national nature reserve under Article 18 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
(d)land of such other description as may be prescribed.
(2) Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.
(3) The Department may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
(a)in relation to an area of land specified in the order or to areas of land of a description so specified; or
(b)for development of a description specified in the order.
(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun before that date; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.
Commencement Information
I16S. 38 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Grant of planning permission in enterprise zonesN.I.
Grant of planning permission in enterprise zonesN.I.
39—(1) An order designating an enterprise zone under the 1981 Order shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.
(2) The adoption of a modified scheme under Article 4 of the 1981 Order (as applied by Article 10(2) of that Order) shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme or for development of any class so specified.
(3) Planning permission granted by virtue of this section shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.
(4) Where planning permission is so granted for any development or class of development, the Department may direct that the permission shall not apply in relation to—
(a)a specified development; or
(b)a specified class of development; or
(c)a specified class of development in a specified area within the enterprise zone.
(5) If the scheme or the modified scheme specifies matters, in relation to any development it permits, which will require approval by the Department, the permission shall have effect accordingly.
(6) The Department may by regulations make provision—
(a)as to the procedure for giving a direction under subsection (4);
(b)as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (5),
and such regulations may modify any provision of this Act other than this section.
(7) Notwithstanding subsections (1) to (6), planning permission may be granted under any other provision of this Part in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under this Part or by a development order).
(8) Modifications to a scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the effective date of modification.
(9) Upon an area ceasing to be an enterprise zone planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.
(10) Section 64(2) to (6) and sections 65 and 66 shall apply to planning permission under the scheme where development has been begun but not completed by the time the area ceases to be an enterprise zone.
(11) Section 63(2) shall apply in determining for the purposes of this section when development shall be taken to be begun.
(12) Nothing in this section prejudices the right of any person to carry out development apart from this section.
(13) In this section “the 1981 Order” means the Enterprise Zones (Northern Ireland) Order 1981 (NI 15) and other expressions used in this section and in that Order have the same meaning in this section as in that Order.
Commencement Information
I17S. 39 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Planning applicationsN.I.
Form and content of applicationsN.I.
40—(1) Any application for planning permission—
(a)must be made in such form and in such manner as may be specified by a development order;
(b)must include such particulars, and be verified by such evidence, as may be required by a development order or by any directions given by a council or the Department under such an order.
(2) A direction under subsection (1)(b) must not be inconsistent with the development order.
(3) A development order must require an application for planning permission of such description as is specified in the order to be accompanied by such of the following as is so specified—
(a)a statement about the design principles and concepts that have been applied to the development;
(b)a statement about how issues relating to access to the development have been dealt with.
(4) The form and content of a statement mentioned in subsection (3) is such as is required by the development order.
(5) Subsection (1) shall apply to applications to a council or the Department for any consent, agreement or approval of the council or, as the case may be, the Department required by a condition imposed on a grant of planning permission as that subsection applies to applications for planning permission.
Commencement Information
I18S. 40 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Notice, etc., of applications for planning permissionN.I.
41—(1) A development order may make provision requiring notice to be given of any application for planning permission and provide for publicising such applications and for the form, content and service of such notices.
(2) A development order may require an applicant for planning permission to provide evidence that any requirements of the order have been satisfied.
(3) An application for planning permission must not be entertained by a council or the Department unless any requirements imposed by virtue of this section have been satisfied.
Commencement Information
I19S. 41 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Notification of applications to certain personsN.I.
42—(1) Subject to subsection (2), a council or, as the case may be, the Department must not entertain an application for planning permission in relation to any land (in this section and in section 43 referred to as “the designated land”) unless it is accompanied by one or other of the following certificates, that is to say—
(a)a certificate stating that the application is made by or on behalf of a person who at the date of the application is in the actual possession of all the designated land, being a person entitled to one of the following estates in that land, namely—
(i)a legal or equitable fee simple absolute, a legal or equitable fee tail or a legal or equitable life estate;
(ii)a tenancy of which not less than 40 years of the term thereof remain unexpired;
(b)a certificate stating that the application is made by or on behalf of the trustees of a trust or settlement which affects all the designated land and that, at the date of the application—
(i)a beneficiary under the trust or settlement is in the actual possession of the designated land; and
(ii)no person other than a beneficiary under the trust or settlement is entitled to enter into the actual possession of the designated land within a period of 40 years;
(c)a certificate stating that the requisite notice of the application has been given by or on behalf of the applicant to each person who at the beginning of the period of 21 days ending with the date of the application, in relation to the designated land or any part thereof, fell into any of the following classes, namely—
(i)that that person was such a person as is described in paragraph (a) or (b);
(ii)that (not being such a person as is described in paragraph (a) or (b)) that person was in the actual possession of the designated land;
(iii)that (not being a person falling under sub-paragraph (i) or (ii)) that person was entitled to enter into the actual possession of the designated land within a period of 40 years;
(d)a certificate stating—
(i)that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b); and
(ii)that the applicant has made due inquiries and is of the opinion, for the reasons specified in the certificate, that he or she is unable to issue a certificate which would satisfy the requirements of paragraph (c); and
(iii)that the applicant has given the requisite notice of the application to any person who, at the beginning of the period of 21 days ending with the date of the application, was in the actual possession of any part of the designated land.
(2) Subsection (1) does not apply to an application for planning permission made—
(a)by the Northern Ireland Housing Executive in pursuance of a redevelopment scheme approved by the Department for Social Development or proposed by the Executive;
(b)by an electricity undertaker to place an electricity line above or below ground across any land;
(c)by a gas undertaker to lay pipes for the conveyance or supply of gas;
(d)by a water or sewerage undertaker to lay a main, sewer or pipe for the purposes of its functions under the Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21).
(3) A certificate for the purposes of paragraph (c) or (d) of subsection (1) shall set out the names and postal addresses of the persons to whom the requisite notice was given in accordance with that paragraph and the date of service of the notice.
(4) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(c) or (d), the council or, as the case may be, the Department, must not determine the application before the end of the period of 14 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate.
(5) Where a tenancy subsists in any land, and—
(a)it is necessary, for the purposes of this section, to determine whether a person is entitled to enter into the actual possession of that land; and
(b)by reason of any option or other contractual right with respect to the determination, renewal or continuance of the tenancy the date of expiry of the tenancy is not ascertainable with certainty;
that date shall be taken to be such as appears reasonable and probable having regard to the interests of the party by whom the option is exercisable, or in whose favour the right operates, and to any other material consideration.
(6) If any person—
(a)issues a certificate which purports to comply with the requirements of this section and which contains a statement which that person knows to be false or misleading in a material particular; or
(b)recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular;
that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Any certificate issued for the purposes of this section shall be in such form as may be specified in a development order; and any reference in this section to the requisite notice is a reference to a notice in the form so specified.
Commencement Information
I20S. 42 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Notice requiring planning application to be madeN.I.
43—(1) Where it appears to a council that development has been carried out—
(a)without the grant of the planning permission required in that behalf in accordance with this Part; or
(b)without the grant of any approval of the council required in that behalf under a development order;
the council may issue a notice under this section requiring the making of an application for such planning permission or approval to the council within 28 days from the service of the notice.
(2) A notice under this section may be issued only within the period of 5 years from the date on which the development to which it relates was begun, and the provisions of section 63(2) apply in determining for the purpose of this section when development shall be taken to be begun.
(3) A notice under this section must specify the matters alleged to constitute the development to which the notice relates.
(4) A copy of a notice under this section must be served on the owner and on the occupier of the land to which it relates.
(5) Where a copy of a notice under this section has been served on any person referred to in subsection (4), then if the application referred to in the notice is not made to the council within the period allowed for compliance with the notice, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) If a person against whom proceedings are brought under subsection (5)—
(a)was, at the time when the copy of the notice under this section was served on that person, the owner of the land to which the notice relates; but
(b)has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of that land,
that person shall, upon duly making a complaint and on giving to the prosecution not less than 3 days' notice of his or her intention, be entitled to have the person who then became the owner of the land (in subsection (7) referred to as the “subsequent owner”) brought before the court in the proceedings.
(7) If after it has been proved, in a case to which subsection (6) applies, that the application referred to in the notice under this section has not been made within the period allowed for compliance with the notice, the original defendant proves that the failure to make that application was attributable, in whole or in part, to the default of the subsequent owner—
(a)the subsequent owner may be convicted of the offence; and
(b)the original defendant, if that person further proves that all reasonable steps were taken to secure compliance with the notice, shall be acquitted of the offence.
(8) If, after a person has been convicted under subsections (5) to (7), the application referred to in the notice under this section is not made to the council, that person shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day following the first conviction on which the offence continues.
(9) The council may, at any time before the end of the period allowed for compliance with a notice under this section, withdraw the notice.
(10) If it does so the council must as soon as is reasonably possible give notice of the withdrawal to every person who was served with a copy of the notice.
(11) Any reference in this section and section 44 to the period allowed for compliance with a notice under this section is a reference to the period mentioned in subsection (1) or such extended period as may be allowed by the council for compliance with the notice.
(12) For the purposes of this section an application to the council for any planning permission or approval shall not be taken to be made unless it is accompanied by the fee prescribed under section 223 in relation to that application.
Commencement Information
I21S. 43 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Appeal against notice under section 43N.I.
44—(1) A person on whom a copy of a notice has been served under section 43 may, at any time before the end of the period allowed for compliance with that notice, appeal to the planning appeals commission against the notice.
(2) An appeal may be brought on any of the following grounds—
(a)that the matters alleged in the notice do not constitute development;
(b)that the development alleged in the notice has not taken place;
(c)that the period of 5 years referred to in section 43(2) had elapsed at the date when the notice was issued.
(3) An appeal under this section must be made by notice in writing to the planning appeals commission and such notice shall indicate the grounds of the appeal and state the facts on which it is based.
(4) Before determining an appeal under this section, the planning appeals commission must, if either the appellant or the council so desires, afford to each of them an opportunity of appearing before and being heard by the commission.
(5) Where an appeal is brought under this section the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(6) On an appeal under this section the planning appeals commission—
(a)must quash the notice, vary the terms of the notice or uphold the notice;
(b)may correct any informality, defect or error in the notice, or vary its terms, if it is satisfied that the correction or variation can be made without injustice to the appellant or to the council.
(7) The validity of a notice under section 43 shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
Commencement Information
I22S. 44 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Determination of planning applicationsN.I.
Determination of planning applicationsN.I.
45—(1) Subject to this Part and section 91(2), where an application is made for planning permission, the council or, as the case may be, the Department, in dealing with the application, must have regard to the local development plan, so far as material to the application, and to any other material considerations, and—
(a)subject to sections 61 and 62, may grant planning permission, either unconditionally or subject to such conditions as it thinks fit; or
(b)may refuse planning permission.
(2) A development order may provide that a council or the Department must not determine an application for planning permission before the end of such period as may be specified by the development order.
(3) In determining any application for planning permission the council or the Department must take into account any representations relating to that application which are received by it within such period as may be specified by a development order.
(4) Where an application for planning permission is accompanied by such a certificate as is mentioned in section 42(1)(c) or (d), the council or, as the case may be, the Department—
(a)in determining the application, must take into account any representations relating to the application which are made to it by any person who satisfies it that, in relation to any of the designated land, that person is such a person as is described in section 42(1)(c); and
(b)must give notice of its decision on the application to every person who made representations which it was required to take into account under paragraph (a).
Commencement Information
I23S. 45 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of council to decline to determine subsequent applicationN.I.
46—(1) A council may decline to determine a relevant application if—
(a)any of the conditions in subsections (2) to (4) is satisfied; and
(b)the council thinks there has been no significant change in the relevant considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Department has refused a similar application.
(3) The condition is that in that period the planning appeals commission has dismissed an appeal—
(a)against the refusal of a similar application; or
(b)under section 60 in respect of a similar application.
(4) The condition is that—
(a)in that period the council has refused more than one similar application; and
(b)there has been no appeal to the planning appeals commission against any such refusal or, if there has been such an appeal, it has been withdrawn.
(5) A council may also decline to determine a relevant application if—
(a)the condition in subsection (6) is satisfied; and
(b)the council thinks there has been no significant change in the relevant considerations since the relevant event.
(6) The condition is that—
(a)in the period of two years ending with the date on which the application mentioned in subsection (5) is received the planning appeals commission has refused a similar application,
(b)the similar application was an application deemed to have been made by section 145(5).
(7) A relevant application is an application for planning permission for the development of any land.
(8) The relevant considerations are—
(a)the local development plan so far as material to the application;
(b)any other material considerations.
(9) The relevant event is—
(a)for the purposes of subsections (2), (4) and (6) the refusal of the similar application;
(b)for the purposes of subsection (3) the dismissal of the appeal.
(10) An application for planning permission is similar to another application if (and only if) the council thinks that the development and the land to which the applications relate are the same or substantially the same.
Commencement Information
I24S. 46 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of Department to decline to determine subsequent applicationN.I.
47—(1) The Department may decline to determine an application for planning permission for the development of any land made to it in accordance with section 26(5) if—
(a)in the period of two years ending with the date on which that application is received the Department has refused a similar application; and
(b)the Department thinks there has been no significant change in the relevant considerations since the refusal of the similar application.
(2) The relevant considerations are—
(a)the local development plan so far as material to the application;
(b)any other material considerations.
(3) An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.
Commencement Information
I25S. 47 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of council to decline to determine overlapping applicationN.I.
48—(1) A council may decline to determine an application for planning permission for the development of any land which is—
(a)made on the same day as a similar application; or
(b)made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the council and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by—
(a)the Department; or
(b)the planning appeals commission on an appeal under section 58 or 60,
and the Department or, as the case may be, the planning appeals commission, has not issued its decision.
(4) The condition is that a similar application—
(a)has been granted by the council;
(b)has been refused by the council; or
(c)has not been determined by the council within the determination period,
and the time within which an appeal could be made to the planning appeals commission under section 58 or 60 has not expired.
(5) A council may also decline to determine an application for planning permission for the development of any land which is made at a time when the condition in subsection (6) applies in relation to a similar application.
(6) The condition is that—
(a)a similar application is under consideration by the planning appeals commission,
(b)the similar application is an application deemed to have been made by section 145(5), and
(c)the planning appeals commission has not issued its decision.
(7) An application for planning permission is similar to another application if (and only if) the council thinks that the development and the land to which the applications relate are the same or substantially the same.
(8) The determination period is—
(a)the period specified by the development order for the determination of the application; or
(b)such longer period as the applicant and the council have agreed for the determination of the application.
(9) If a council exercises its power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, it may not also exercise that power to decline to determine the similar application.
Commencement Information
I26S. 48 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of Department to decline to determine overlapping applicationN.I.
49—(1) The Department may decline to determine an application for planning permission for the development of any land made to it in accordance with section 26(5) which is—
(a)made on the same day as a similar application; or
(b)made at a time when a similar application is under consideration by the Department.
(2) An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.
(3) If the Department exercises its power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, it may not also exercise that power to decline to determine the similar application.
Commencement Information
I27S. 49 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Duty to decline to determine application where section 27 not complied withN.I.
50—(1) A council or, as the case may be, the Department must decline to determine an application for the development of any land if, in the opinion of the council or the Department—
(a)compliance with section 27 was required as respects the development, and
(b)there has not been such compliance.
(2) Before deciding whether, under subsection (1), an application must be declined the council or, as the case may be, the Department, may request the applicant to provide such additional information as it may specify within such time as may be prescribed.
(3) Where, under subsection (1), a council or the Department declines to determine an application, the council or, as the case may be, the Department, must advise the applicant of the reason for its being of the opinion mentioned in that subsection.
Commencement Information
I28S. 50 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Assessment of environmental effectsN.I.
51—(1) The Department may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.
(2) The regulations may make the same provision as, or provision similar or corresponding to, any provision made for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of the development on the environment, under section 2(2) of the European Communities Act 1972 (c. 68).
Commencement Information
I29S. 51 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Conditional grant of planning permissionN.I.
52—(1) Without prejudice to the generality of section 45(1), conditions may be imposed on the grant of planning permission—
(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the council or, as the case may be, the Department to be expedient for the purposes of or in connection with the development authorised by the permission;
(b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
(2) Conditions may not be imposed by a council under subsection (1)(a) for regulating the development or use of any land within the district of another council except with the consent of that council.
(3) Any planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
Commencement Information
I30S. 52 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power to impose aftercare conditions on grant of mineral planning permissionN.I.
53—(1) Where—
(a)planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste or waste materials is granted, and
(b)the permission is subject to a condition requiring that after the winning and working is completed or the depositing has ceased, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material,
it may be granted subject also to any such condition as the council or, as the case may be, the Department thinks fit requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—
(i)use for agriculture;
(ii)use for forestry;
(iii)use for amenity; or
(iv)use for ecological purposes.
(2) In this Act—
(a)a condition such as is mentioned in paragraph (b) of subsection (1) is referred to as “a restoration condition”; and
(b)a condition requiring such steps to be taken as are mentioned in that subsection is referred to as “an aftercare condition”.
(3) An aftercare condition may either—
(a)specify the steps to be taken; or
(b)require that the steps be taken in accordance with a scheme (in this Act referred to as an “aftercare scheme”) approved by the council or, as the case may be, the Department.
(4) A council or the Department may approve an aftercare scheme in the form in which it is submitted to it or may modify it and approve it as modified.
(5) The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.
(6) Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.
(7) In subsection (6) “the aftercare period” means a period of 5 years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.
(8) In a case where—
(a)the use specified in an aftercare condition is a use for agriculture; and
(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased,
the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.
(9) In any other case where the use specified in an aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.
(10) Where the use specified in an aftercare condition is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.
(11) Where the use specified in an aftercare condition is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants.
(12) In this section—
“authorised” means authorised by planning permission;
“forestry” means the growing of a utilisable crop of timber.
Commencement Information
I31S. 53 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Permission to develop land without compliance with conditions previously attachedN.I.
54—(1) This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
(2) A development order may make special provision with respect to—
(a)the form and content of such applications; and
(b)the procedure to be followed in connection with such applications.
(3) On such an application the authority which granted the previous planning permission must consider only the question of the conditions subject to which planning permission should be granted, and
(a)if it decides that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, the authority must grant planning permission accordingly; and
(b)if it decides that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, the authority must refuse the application.
(4) This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to be begun, that time has expired without the development having been begun.
(5) Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
(a)a development must be begun;
(b)an application for approval of reserved matters (within the meaning of section 62) must be made.
Commencement Information
I32S. 54 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Planning permission for development already carried outN.I.
55—(1) On an application made to a council or the Department, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
(2) Subsection (1) applies to development carried out—
(a)without planning permission;
(b)in accordance with planning permission granted for a limited period; or
(c)without complying with some condition subject to which planning permission was granted.
(3) Planning permission for such development may be granted as to have effect from—
(a)the date on which the development was carried out; or
(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
Commencement Information
I33S. 55 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Directions etc. as to method of dealing with applicationsN.I.
56—(1) Provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by councils and the Department, and in particular—
(a)for enabling the Department to give directions restricting the grant of planning permission by a council, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;
(b)for enabling the Department to give directions to a council requiring it, in respect of any such development, or in respect of development of any such class, as may be specified in the directions—
(i)to consider, where the council is minded to grant planning permission, imposing a condition specified in, or of a nature indicated in, the directions; and
(ii)(unless the directions are withdrawn) not to grant planning permission without first satisfying the Department that such consideration has been given and that such a condition either will be imposed or need not be imposed;
(c)for requiring that, before planning permission for any development is granted or refused, councils must consult with such authorities or persons as may be specified by the order;
(d)for requiring the Department before granting or refusing planning permission for any development to consult with the council for the district in which the land is situated and with such other authorities or persons as may be specified by the order;
(e)for requiring a council or, as the case may be, the Department to give to any applicant for planning permission, within such time as may be specified by the order, such notice as may be so specified as to the manner in which the applicant's application has been dealt with;
(f)for requiring a council or, as the case may be, the Department to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of its decision on the application, within such time as may be specified by the order;
(g)for requiring a council to give to the Department, and to such other persons as may be specified by or under the order, such information as may be so specified with respect to applications for planning permission made to the council, including information as to the manner in which any such application has been dealt with.
(2) Provision may be made by a development order—
(a)for determining the persons to whom applications under this Act are to be sent; and
(b)for requiring persons to whom such applications are sent to send copies to other interested persons.
Commencement Information
I34S. 56 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Effect of planning permissionN.I.
57—(1) Without prejudice to the provisions of this Part, any grant of planning permission to develop land shall (except insofar as the permission otherwise provides) have effect for the benefit of the land and of all persons for the time being having an estate therein.
(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified the permission shall be construed as including permission to use the building for the purpose for which it is designed.
Commencement Information
I35S. 57 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
AppealsN.I.
AppealsN.I.
58—(1) Where an application is made to a council—
(a)for planning permission to develop land; or
(b)for any consent, agreement or approval of the council required by a condition imposed on a grant of planning permission; or
(c)for any approval of the council required under a development order;
then if that permission, consent, agreement or approval is refused or is granted subject to conditions, the applicant may by notice in writing appeal to the planning appeals commission.
(2) Subsection (1) shall not apply to any application referred to the Department under section 29.
(3) Any notice under this section must be served on the planning appeals commission within 4 months from the date of notification of the decision to which it relates or such other period as may be specified by development order.
(4) Where an appeal is brought under this section from a decision of a council, the planning appeals commission, subject to subsections (5) to (7), may allow or dismiss the appeal or may reverse or vary any part of the decision whether the appeal relates to that part thereof or not and may deal with the application as if it had been made to it in the first instance.
(5) Before determining an appeal under this section, the planning appeals commission must, if either the applicant or the council so desires, afford to each of them an opportunity of appearing before and being heard by the commission.
(6) If at any time before or during the determination of an appeal under this section it appears to the planning appeals commission that the appellant is responsible for undue delay in the progress of the appeal, it may—
(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and
(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
(7) Subject to subsection (5), sections 41, 42, 45, 52, 53, 54 and 55 shall apply, with any necessary modifications, in relation to an appeal to the planning appeals commission under this section as they apply to an application for planning permission.
Commencement Information
I36S. 58 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Matters which may be raised in an appeal under section 58N.I.
59—(1) In an appeal under section 58, a party to the proceedings is not to raise any matter which was not before the council or, as the case may be, the Department at the time the decision appealed against was made unless that party can demonstrate to the satisfaction of the planning appeals commission—
(a)that the matter could not have been raised before that time, or
(b)that its not being raised before that time was a consequence of exceptional circumstances.
(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—
(a)the provisions of the local development plan, or
(b)any other material consideration.
Commencement Information
I37S. 59 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Appeal against failure to take planning decisionN.I.
60 Where any such application as is mentioned in section 58(1) is made to a council, then unless within such period as may be specified by a development order, or within such extended period as may be agreed upon in writing between the applicant and the council, the council either—
(a)gives notice to the applicant of its decision on the application; or
(b)gives notice to the applicant that the application is one to which section 29 applies; or
(c)gives notice to the applicant that it has exercised its power under section 46 or 48 to decline to determine the application,
section 58 shall apply in relation to the application—
(i)as if the permission, consent, agreement or approval to which it relates had been refused by the council; and
(ii)as if notification of the council's decision had been received by the applicant at the end of the period so specified, or at the end of the said extended period, as the case may be.
Commencement Information
I38S. 60 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Duration of planning permissionN.I.
Duration of planning permissionN.I.
61—(1) Subject to this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, deemed to be granted subject to the condition that the development to which it relates must be begun within—
(a)5 years of the date on which the permission is granted; or
(b)such other period (whether longer or shorter) as the authority concerned with the terms of the planning permission considers appropriate having regard to the provisions of the local development plan and to any other material considerations.
(2) If planning permission is granted without the condition required by subsection (1), it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun within 5 years of the date of the grant.
(3) Nothing in subsections (1) and (2) applies—
(a)to any outline planning permission;
(b)to any planning permission granted by a development order;
(c)to any planning permission granted for a limited period;
(d)to any planning permission granted for development carried out before the grant of that permission;
(e)to any planning permission granted by an enterprise zone scheme; or
(f)to any planning permission granted by a simplified planning zone scheme.
Commencement Information
I39S. 61 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Duration of outline planning permissionN.I.
62—(1) In this section and in section 61 “outline planning permission” means planning permission granted in accordance with the provisions of a development order, conditional on the subsequent approval by the council or, as the case may be, the Department of the particulars of the proposed development (in this section referred to as “reserved matters”).
(2) Subject to the following provisions of this section, where outline planning permission is granted for development consisting of or including the carrying out of building or other operations it must be granted subject to conditions to the following effect—
(a)that in the case of any reserved matter application for approval must be made within 3 years of the date of the grant of outline planning permission; and
(b)that the development to which the permission relates must be begun by whichever is the later of the following dates—
(i)the expiration of 5 years from the date of the grant of outline planning permission; or
(ii)the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
(3) If outline planning permission is granted without the conditions required by subsection (2), it shall be deemed to have been granted subject to those conditions.
(4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute for the periods of 3 years, 5 years or 2 years referred to in that subsection, such other periods respectively (whether longer or shorter) as it considers appropriate.
(5) It may, in applying subsection (2), specify separate periods under subsection (2)(a) in relation to separate parts of the development to which the planning permission relates; and if it does so, the condition required by subsection (2)(b) shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
(6) In considering whether to exercise its powers under subsections (4) and (5), the authority must have regard to the provisions of the local development plan and to any other material consideration.
Commencement Information
I40S. 62 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Provisions supplementary to sections 61 and 62N.I.
63—(1) The authority referred to in section 61(1)(b) or 62 is—
(a)the council in the case of planning permission granted by it;
(b)the Department, in the case of planning permission granted by it;
(c)in the case of planning permission granted under section 58, 60 or 145, the planning appeals commission;
(d)in the case of planning permission deemed to be granted under paragraph 3(1) of Schedule 8 to the Electricity (Northern Ireland) Order 1992 (NI 1) (consents under Articles 39 and 40 of that Order), the Department of Enterprise, Trade and Investment.
(2) For the purposes of sections 61 and 62, development shall be taken to be 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.
(3) For the purposes of section 62(2), a reserved matter shall be treated as finally approved when an application for approval is granted, or, where on an appeal under section 58, the planning appeals commission grants the approval, on the date of the determination of the appeal.
(4) Where a council grants planning permission the fact that any of the conditions of the permission are required by this Act to be imposed or are deemed by this Act to be imposed, shall not prevent the conditions being the subject of an appeal under section 58 against the decision of the council.
(5) Where a planning permission (whether outline or other) has conditions attached to it by or under section 61 or 62—
(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.
Commencement Information
I41S. 63(1)(a)-(c) (2)-(5) in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Termination of planning permission by reference to time limitN.I.
64—(1) Subsections (2) to (6) shall have effect where by virtue of section 61 or 62, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.
(2) If the council is of the opinion that the development will not be completed within a reasonable period, it may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
(3) The period so specified must not be less than 12 months after the notice takes effect.
(4) A completion notice must be served—
(a)on the owner of the land,
(b)on the occupier of the land, and
(c)on any other person who in the opinion of the council will be affected by the notice.
(5) The council may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
(6) If it does so it must immediately give notice of the withdrawal to every person who was served with the completion notice.
Commencement Information
I42S. 64 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Effect of completion noticeN.I.
65—(1) A completion notice shall not take effect unless and until it is confirmed by the Department.
(2) In confirming a completion notice the Department may substitute a longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
(3) If, within such period as may be specified in a completion notice (which shall not be less than 28 days from its service) any person on whom the notice is served so requires, the Department, before confirming the notice, must give that person and the council an opportunity of appearing before and being heard by the planning appeals commission.
(4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 64(1) or a longer period substituted by the Department under subsection (2)).
(5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.
Commencement Information
I43S. 65 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of Department to serve completion noticesN.I.
66—(1) If it appears to the Department to be expedient that a completion notice should be served in respect of any land, the Department may itself serve such a notice.
(2) A completion notice served by the Department shall have the same effect as if it had been served by the appropriate council.
(3) The Department shall not serve such a notice without consulting the appropriate council.
Commencement Information
I44S. 66 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power to make non-material changes to planning permissionN.I.
67—(1) A council may make a change to any planning permission relating to land within its district if it is satisfied that the change is not material.
(2) In deciding whether a change is material, a council must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.
(3) The power conferred by subsection (1) includes power—
(a)to impose new conditions;
(b)to remove or alter existing conditions.
(4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an estate in the land to which the planning permission relates.
(5) An application under subsection (4) must be made in the form and manner specified by a development order.
(6) Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an estate in some, but not all, of the land to which the planning permission relates.
(7) The application may be made only in respect of so much of the planning permission as affects the land in which the person has an estate.
(8) A council must comply with such requirements as may be specified by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
Commencement Information
I45S. 67 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Revocation or modification of planning permission by councilN.I.
68—(1) If it appears to a council, having regard to the local development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part or on an appeal under section 143, the council may, subject to subsections (2) to (4), by order revoke or modify the permission to such extent as (having regard to those matters) it considers expedient.
(2) The power conferred by this section to revoke or modify permission to develop land may be exercised—
(a)where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;
(b)where the permission relates to a change of use of any land, at any time before the change has taken place;
except that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
(3) An order made under this section in respect of mining operations by surface working shall not prevent the continuation of those operations on any land in use for the purpose of those operations at the date on which the order comes into operation.
(4) Where the council makes an order under this section it must serve a notice on the owner and occupier of the land affected and on any other person who in its opinion would be affected by the order.
Commencement Information
I46S. 68 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Aftercare conditions imposed on revocation or modification of mineral planning permissionN.I.
69—(1) An order under section 68 may in relation to planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials, include such aftercare condition as the council thinks fit if—
(a)it also includes a restoration condition; or
(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.
(2) Subsections (3) to (12) of section 53 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under section 53.
Commencement Information
I47S. 69 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Procedure for section 68 orders: opposed casesN.I.
70—(1) Except as provided in section 71, an order under section 68 shall not take effect unless it is confirmed by the Department.
(2) Where a council submits such an order to the Department for confirmation, it must serve notice on—
(a)the owner of the land affected,
(b)the occupier of the land affected, and
(c)any other person who, in the opinion of the council, will be affected by the order.
(3) The notice must specify the period within which any person on whom it is served may require the Department to give that person an opportunity of appearing before, and being heard by, the planning appeals commission.
(4) If within that period such a person so requires, before the Department confirms the order it must give such an opportunity both to that person and to the council.
(5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
(6) The Department may confirm an order submitted to it under this section either without modification or subject to such modifications as the Department considers expedient.
Commencement Information
I48S. 70 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Procedure for section 68 orders: unopposed casesN.I.
71—(1) This section applies where—
(a)a council has made an order under section 68; and
(b)the owner and occupier of the land and all persons who in the opinion of the council will be affected by the order have notified the council in writing that they do not object to the order.
(2) Where this section applies, instead of submitting the order to the Department for confirmation the council must advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
(a)the period within which persons affected by the order may give notice to the Department that they wish for an opportunity of appearing before, and being heard by, the planning appeals commission; and
(b)the period at the expiration of which, if no such notice is given to the Department, the order may take effect by virtue of this section without being confirmed by the Department.
(3) The council must also serve notice to the same effect on the persons mentioned in subsection (1)(b).
(4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
(5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
(6) The council must send a copy of any advertisement published under subsection (2) to the Department not more than 3 days after the publication.
(7) If—
(a)no person claiming to be affected by the order has given notice to the Department under subsection (2)(a) within the period referred to in that subsection, and
(b)the Department has not directed within that period that the order be submitted to it for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Department as required by section 70(1).
(8) This section does not apply—
(a)to an order revoking or modifying a planning permission granted by the Department under this Part;
(b)to an order revoking or modifying a planning permission granted by the planning appeals commission under Part 5;
(c)to an order modifying any conditions to which a planning permission is subject by virtue of section 61 or 62.
Commencement Information
I49S. 71 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Revocation or modification of planning permission by the DepartmentN.I.
72—(1) If it appears to the Department that it is expedient that an order should be made under section 68, it may make such an order.
(2) Such an order which is made by the Department shall have the same effect as if it had been made by the relevant council and confirmed by the Department.
(3) The Department must not make such an order without consulting the relevant council.
(4) Where the Department proposes to make such an order it must serve notice on the relevant council.
(5) A notice served under subsection (4) must specify the period (which must not be less than 28 days from the date of its service) within which the council may require an opportunity of appearing before and being heard by the planning appeals commission.
(6) If within that period the council so requires, before the Department makes the order it must give the council such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by a council of any order under section 68 and its confirmation by the Department shall have effect, subject to any necessary modifications, in relation to any proposal by the Department to make such an order and its making by the Department.
(8) Section 69 applies to orders made by the Department under this section as that section applies to orders made by a council under section 68.
(9) In this section, “relevant council” means the council for the district in which the land to which the order relates is situated.
Commencement Information
I50S. 72 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Orders requiring discontinuance of use or alteration or removal of buildings or worksN.I.
73—(1) If it appears to a council that it is expedient in the interests of the proper planning of an area within its district (including the interests of amenity), regard being had to the local development plan and to any other material considerations—
(a)that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or
(b)that any buildings or works should be altered or removed;
the council may by order require the discontinuance of that use within such time as may be specified in the order, or impose such conditions as may be so specified on the continuance thereof, or require such steps as may be so specified to be taken within such time as may be so specified for the alteration or removal of the buildings or works, as the case may be.
(2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 68 shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the council on an application made under this Part.
(3) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Department under section 74; and planning permission for such development may be granted so as to have effect from—
(a)the date on which the development was carried out; or
(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
(4) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the Northern Ireland Housing Executive in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
(5) Subject to section 74(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 61(1)(b) and 62 is the council making the order.
Commencement Information
I51S. 73 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Confirmation by Department of section 73 ordersN.I.
74—(1) An order under section 73 shall not take effect unless it is confirmed by the Department, either without modification or subject to such modifications as the Department considers expedient.
(2) The power of the Department under this section to confirm an order subject to modifications includes power—
(a)to modify any provision of the order granting planning permission, as mentioned in subsections (2) and (3) of section 73;
(b)to include in the order any grant of planning permission which might have been included in the order as submitted to it.
(3) Where a council submits an order to the Department for its confirmation under this section, the council must serve notice—
(a)on the owner of the land affected,
(b)on the occupier of that land, and
(c)on any other person who in the opinion of the council will be affected by the order.
(4) The notice must specify the period within which any person on whom it is served may require the Department to give that person an opportunity of appearing before, and being heard by, the planning appeals commission.
(5) If within that period such a person so requires, before the Department confirms the order, it must give such an opportunity both to that person and to the council.
(6) The period referred to in subsection (4) must not be less than 28 days from the service of the notice.
(7) Where an order under section 73 has been confirmed by the Department, the council must serve a copy of the order on the owner and occupier of the land to which the order relates.
(8) Where the Department exercises its powers under subsection (2) in confirming an order granting planning permission, the Department is the authority referred to in sections 61(1)(b) and 62(4).
Commencement Information
I52S. 74 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Power of Department to make section 73 ordersN.I.
75—(1) If it appears to the Department that it is expedient that an order should be made under section 73, it may make such an order.
(2) Such an order made by the Department shall have the same effect as if it had been made by the relevant council and confirmed by the Department.
(3) The Department must not make such an order without consulting the relevant council.
(4) Where the Department proposes to make such an order it shall serve notice on the relevant council.
(5) The notice must specify the period within which the council may require an opportunity of appearing before and being heard by the planning appeals commission.
(6) If within that period the council so requires, before the Department makes the order it shall give the council such an opportunity.
(7) The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.
(8) The provisions of this Part and of any regulations or order made under this Act with respect to the procedure to be followed in connection with the submission by a council of any order under section 73, its confirmation by the Department and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Department to make such an order, its making by the Department and the service of copies of it.
(9) In this section, “relevant council” means the council for the district in which the land to which the order relates is situated.
Commencement Information
I53S. 75 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Planning agreementsN.I.
76—(1) Any person who has an estate in land may enter into an agreement with the relevant authority (referred to in this section and sections 77 and 78 as “a planning agreement”), enforceable to the extent mentioned in subsection (4)—
(a)facilitating or restricting the development or use of the land in any specified way;
(b)requiring specified operations or activities to be carried out in, on, under or over the land;
(c)requiring the land to be used in any specified way;
(d)requiring a sum or sums to be paid to the authority on a specified date or dates or periodically; or
(e)requiring a sum or sums to be paid to a Northern Ireland department on a specified date or dates or periodically.
(2) A planning agreement may—
(a)be unconditional or subject to conditions;
(b)impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and
(c)if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the agreement is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.
(3) Before entering into a planning agreement, the Department must consult with the appropriate council.
(4) Subject to subsection (5) a planning agreement is enforceable by the relevant authority—
(a)against the person entering into the agreement; and
(b)against any person deriving title from that person.
(5) The instrument by which a planning agreement is entered into may provide that a person shall not be bound by the agreement in respect of any period during which that person no longer has an estate in the land.
(6) A restriction or requirement imposed under a planning agreement is enforceable by injunction.
(7) Without prejudice to subsection (6), if there is a breach of a requirement in a planning agreement to carry out any operations in, on, under or over the land to which the agreement relates, the relevant authority may—
(a)enter the land and carry out the operations; and
(b)recover from the person or persons against whom the agreement is enforceable any expenses reasonably incurred by it in doing so and those expenses shall be a civil debt recoverable summarily.
(8) Before the relevant authority exercises its power under subsection (7)(a) it must give not less than 21 days' notice of its intention to do so to any person against whom the planning agreement is enforceable.
(9) Any person who wilfully obstructs a person acting in the exercise of a power under subsection (7)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) A planning agreement may not be entered into except by an instrument under seal which—
(a)states that the agreement is a planning agreement for the purposes of this section;
(b)identifies the land in which the person entering into the agreement has an estate; and
(c)identifies the person entering into the agreement and states what that person's estate in the land is.
(11) If a person against whom an agreement is enforceable requests the relevant authority to supply that person with a copy of the agreement, it is the duty of the authority to do so free of charge.
(12) Any sum or sums required to be paid under a planning agreement and any expenses recoverable by the relevant authority under subsection (7)(b) shall, until recovered, be deemed to be charged on and payable out of the estate in the land in relation to which they have been incurred, of the person against whom the planning agreement is enforceable.
(13) The charge created by subsection (12) shall be enforceable in all respects as if it were a valid mortgage by deed created in favour of the relevant authority by the person on whose estate the charge has been created (with, where necessary, any authorisation or consent required by law) and the authority may exercise the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881 (c. 41) on mortgagees by deed accordingly.
(14) In this section “specified” means specified in the instrument by which the planning agreement is entered into.
(15) In this section, and in sections 77 and 78, “relevant authority”, in relation to a planning agreement proposed to be made in connection with an application for planning permission, means—
(a)where the application has been made to a council, and the council has an estate in the land to which the proposed agreement relates, the Department;
(b)where the application has been made to the Department, the Department;
(c)in any other case, the council in whose district the land to which the application relates is situated.
Commencement Information
I54S. 76 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Modification and discharge of planning agreementsN.I.
77—(1) A planning agreement may not be modified or discharged except—
(a)by agreement between the relevant authority and the person or persons against whom the agreement is enforceable; or
(b)in accordance with this section and section 78.
(2) Before entering into an agreement falling within subsection (1)(a), the Department must consult with the appropriate council.
(3) An agreement falling within subsection (1)(a) shall be contained in an instrument under seal.
(4) A person against whom a planning agreement is enforceable may, at any time after the expiry of the relevant period, apply to the relevant authority for the agreement—
(a)to have effect subject to such modifications as may be specified in the application; or
(b)to be discharged.
(5) In subsection (4) “the relevant period” means—
(a)such period as may be prescribed; or
(b)if no period is prescribed, the period of 5 years beginning with the date on which the agreement is entered into.
(6) An application under subsection (4) for the modification of a planning agreement may not specify a modification imposing an obligation on any other person against whom the agreement is enforceable.
(7) Where an application is made to the relevant authority under subsection (4), the authority may determine—
(a)that the planning agreement shall continue to have effect without modification;
(b)if the agreement no longer serves a useful purpose, that it shall be discharged; or
(c)if the agreement continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
(8) The relevant authority must give notice of its determination to the applicant within such period as may be prescribed.
(9) Where the relevant authority determines that a planning agreement shall have effect subject to modifications specified in the application, the agreement as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
(10) Regulations may make provision with respect to—
(a)the form and content of applications under subsection (4);
(b)the publication of notices of such applications;
(c)the procedures for considering any representations made with respect to such applications; and
(d)the notices to be given to applicants of determinations under subsection (7).
(11) Article 5 of the Property (Northern Ireland) Order 1978 (NI 4) (power of Lands Tribunal to modify or extinguish impediments) shall not apply to a planning agreement.
Commencement Information
I55S. 77 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
AppealsN.I.
78—(1) Where the relevant authority—
(a)fails to give notice as mentioned in section 77(8); or
(b)determines that a planning agreement shall continue to have effect without modifications;
the applicant may appeal to the planning appeals commission.
(2) For the purposes of an appeal under subsection (1)(a), it shall be assumed that the relevant authority has determined that the planning agreement shall continue to have effect without modification.
(3) An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.
(4) Subsections (7) to (10) of section 77 apply in relation to appeals to the planning appeals commission under this section as they apply in relation to applications to the relevant authority under that section.
(5) Before determining the appeal the planning appeals commission must, if either the applicant or the relevant authority so wishes, afford to each of them an opportunity of appearing before and being heard by the planning appeals commission.
(6) The determination of an appeal by the planning appeals commission under this section shall be final.
Commencement Information
I56S. 78 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Land belonging to councils and development by councilsN.I.
Land belonging to councils and development by councilsN.I.
79—(1) The provisions listed in subsection (2) shall apply in relation to—
(a)land of interested councils; and
(b)the development of any land by interested councils or by such councils jointly with any other persons,
subject to regulations made by virtue of this section.
(2) The provisions are—
(a)Part 3;
(b)Part 4 (apart from the provisions of Chapters 1 and 2 of that Part); and
(c)Part 5.
(3) The regulations may, in relation to such land or such development—
(a)provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;
(b)make new provision as to any matter dealt with in any of those provisions.
(4) Without prejudice to subsection (2), the regulations may provide—
(a)for applications for planning permission to develop such land, or for such development, to be determined by the interested council or by the Department; and
(b)for the procedure to be followed on such applications,
and, in the case of applications falling to be determined by an interested council, they may regulate the council's arrangements for the discharge of its functions, notwithstanding anything in section [F16 of the Local Government Act (Northern Ireland) 2014 so far as it relates to an officer of the council] .
(5) The regulations must—
(a)provide for any provision made by virtue of section 41, 42, 45(2) to (4) or by a development order, to apply to applications for planning permission to develop such land, or for such development, subject to prescribed exceptions or modifications, or
(b)make corresponding provision to those provisions.
(6) In this section “interested council”, in relation to any land, means any council which exercises any functions of a council under this Act in relation to that land, and, for the purposes of this section, land is land of a council if the council has any estate in it.
(7) This section applies to any consent required in respect of any land as it applies to planning permission to develop land.
Textual Amendments
F1Words in s. 79(4) substituted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 9 para. 8 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1
Commencement Information
I57S. 79 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Part 4 N.I.Additional planning control
Chapter 1N.I.Listed buildings and conservation areas
Listed buildingsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Power to decline to determine application for listed building consentN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Areas of special architectural or historic interestN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Land and works of councilsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CHAPTER 2N.I.HAZARDOUS SUBSTANCES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 3N.I.Trees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Prospective
Chapter 4N.I.Review of mineral planning permissions
Review of mineral planning permissionsN.I.
Chapter 5N.I.Advertisements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 5 N.I.Enforcement
IntroductoryN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Planning contravention noticesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Temporary stop noticesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Enforcement noticesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Breach of condition noticesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fixed penaltiesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .InjunctionsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Listed buildingsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Hazardous substancesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .TreesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Discontinuance ordersN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Certificate of lawful use or developmentN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .AdvertisementsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rights of entry for enforcement purposesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 6 N.I.Compensation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 7 N.I.Purchase of estates in certain land affected by planning decisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 8 N.I.Further provisions as to historic buildings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 9 N.I.The Planning Appeals Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 10 N.I.Assessment of council's performance or decision making
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 11 N.I.Application of Act to Crown land
Crown landN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Application of Act as respects Crown landN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Prospective
Part 12N.I.Correction of errors
Correction of errors in decision documentsN.I.
219—(1) This section applies if—
(a)a council issues a decision document which contains a correctable error; or
(b)the Department issues a decision document (other than a document referred to in section 222(2)(d) or (e)) which contains a correctable error.
(2) The council may correct the error—
(a)if it is requested to do so in writing by any person;
(b)if it sends a statement in writing to the applicant which explains the error and states that it is considering making the correction.
(3) But the council must not correct the error unless not later than the end of the relevant period it—
(a)receives a request mentioned in subsection (2)(a); or
(b)sends a statement mentioned in subsection (2)(b).
(4) The relevant period is the period specified for the purposes of subsection (3) in a development order.
(5) In this section references to “the council” means—
(a)in relation to a decision document issued by a council, the council which issued the document;
(b)in relation to a decision document issued by the Department, the council within whose district the land to which the decision document relates is situated.
Correction noticeN.I.
220—(1) If paragraph (a) or (b) of section 219(2) applies the council must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—
(a)specifies the correction of the error; or
(b)gives notice of its decision not to correct such an error.
(2) The council must give the correction notice to—
(a)the applicant;
(b)if the applicant is not the owner of the land in respect of which the original decision was made, the owner;
(c)if the correction was requested by any other person, that person.
Effect of correctionN.I.
221—(1) If a correction is made in pursuance of section 219—
(a)the original decision is taken not to have been made;
(b)the decision is taken for all purposes to have been made on the date the correction notice is issued.
(2) If a correction is not made—
(a)the original decision continues to have full force and effect;
(b)nothing in this Part affects anything done in pursuance of or in respect of the decision.
SupplementaryN.I.
222—(1) This section applies for the purposes of this Part.
(2) A decision document is a document which records any of the following decisions—
(a)a decision to grant or refuse planning permission;
(b)a decision to grant outline planning permission;
(c)a decision to approve reserved matters (within the meaning of section 62);
(d)a decision to grant or to refuse to grant a certificate under section 169 or 170;
(e)any decision relating—
(i)to an application for consent under a tree preservation order,
(ii)to an application for consent under any regulations made under section 130, or
(iii)to any certificate or direction under any such order or regulations;
(f)a decision on an application for listed building consent under section 85(2) or (3);
(g)a decision relating to any consent under section 105 (conservation area consent);
(h)a decision under section 110 (determination of applications for hazardous substances consent);
(i)any other decision under this Act which is of a description specified by the Department in a development order.
(3) A correctable error is an error—
(a)which is contained in any part of the decision document which records the decision; but
(b)which is not part of any reasons given for the decision.
(4) The applicant is in the case of a decision made on an application under this Act, the person who made the application.
(5) Error includes omission.
Part 13 N.I.Financial provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 14 N.I.Miscellaneous and general provisions
Review of ActN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duty to respond to consultationN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Application of Act in special casesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .InquiriesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rights of entryN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Miscellaneous and general provisionsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Regulations and ordersN.I.
247—(1) The Department may make regulations for prescribing anything which under this Act is authorised or required to be prescribed.
(2) Subject to subsection (3), any regulations made under this Act are subject to negative resolution.
(3) Regulations under sections 153(9) and 154(9) shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(4) Subject to subsection (5), orders made under sections 23(3)(e), 32, 38(3) and 251 are subject to negative resolution.
(5) Subsection (4) applies subject to section 251(4).
(6) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.
Amendment of the Planning (Northern Ireland) Order 1991N.I.
Amendment of certain time periods in relation to enforcementN.I.
248—(1) In Article 23 of the Planning (Northern Ireland) Order 1991 (NI 11) (in this section referred to as “the 1991 Order”) (notice requiring planning application) in paragraph (2) for “four” substitute “ 5 ”.
(2) In Article 24 of the 1991 Order (appeal against notice under Article 23) in paragraph (2)(c) for “four” substitute “ 5 ”.
(3) In Article 67B of the 1991 Order (time limits)—
(a)in paragraphs (1), (2) and (4)(b) for “4” substitute “ 5 ”;
(b)in paragraph (3) for “10” substitute “ 5 ”.
(4) In Article 67F of the 1991 Order (temporary stop notice: restrictions) in paragraph (2) for “4” substitute “ 5 ”.
(5) In Article 73 of the 1991 Order (service of stop notice) in paragraph (3D) for “4” substitute “ 5 ”.
(6) In Article 82 of the 1991 Order (enforcement of duties as to replacement of trees) in paragraph (2) for “4” substitute “ 5 ”.
Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991N.I.
249—(1) In Article 44(6) of the Planning (Northern Ireland) Order 1991 (in this section referred to as “the 1991 Order”) (control of works for demolition, alteration or extension of listed building) for “£30,000” substitute “ £100,000 ”.
(2) In Article 66(1) of the 1991 Order (penalties for contravention of tree preservation orders) for “£30,000” substitute “ £100,000 ”.
(3) The amendments of the 1991 Order set out in this section do not have effect in relation to any offence committed before the coming into operation of this section.
Part 15 N.I.Supplementary
InterpretationN.I.
250—(1) In this Act—
“the Act of 1965” means the Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23);
“address” in relation to electronic communications, means any number or address used for such purposes;
“advertisement” means any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the preceding provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
“aftercare condition” has the meaning given in section 53(2);
“aftercare scheme” has the meaning given in section 53(3);
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing lands, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“breach of condition notice” has the meaning given in section 152;
“breach of planning control” has the meaning given in by section 131;
“building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
“buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings;
“building operations” has the meaning given in section 23;
“building preservation notice” has the meaning given in section 81(1);
“clerk of the council”, in relation to a council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972 (c. 9);
“conservation area” has the meaning given in section 104(12);
“conservation area consent” has the meaning given in section 105(2);
“contravention of hazardous substances control” has the meaning given in section 117(2);
“council”, except in Schedule 5, means a district council;
“the Department”, except where otherwise specified, means the Department of the Environment;
“depositing of mineral waste” means any process whereby a mineral working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
“development” has the meaning given in section 23;
“development order” has the meaning given in section 32;
“electricity undertaker” means a holder of a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992 (NI 1);
“electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001 (c. 9);
“enforcement notice” means a notice under section 138 or 139;
“engineering operations” includes the formation or laying out of means of access to roads;
“enterprise zone scheme” means a scheme or modified scheme under Part II of the Enterprise Zones (Northern Ireland) Order 1981 (NI 15) having effect to grant planning permission by virtue of section 39;
“erection” in relation to buildings includes extension, alteration and re-erection;
“gas undertaker” means a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996 (NI 2);
“hazardous substances consent” means consent required by section 108;
“hazardous substances contravention notice” has the meaning given in section 162(3);
“lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;
“listed building” has the meaning given in section 80;
“listed building consent” has the meaning given in section 85;
“listed building enforcement notice” has the meaning given in section 157;
“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
“mineral working deposit” means any deposit of material remaining after materials have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
“minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include turf cut for purposes other than sale;
“mining operations” means—
the winning and working of minerals in, on, or under land whether by surface or underground working; and
the management of waste resulting from the winning, working, treatment and storage of minerals,
and, for the purposes of paragraph (b), treatment does not include smelting, thermal manufacturing processes (other than the burning of limestone) and metallurgical processes;
“Minister” means the Minister of the Environment;
“mortgage” includes any charge or lien on any property for securing money or money's worth;
“outline planning permission” has the meaning given in section 62(1);
“owner” in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;
“planning contravention notice” has the meaning given in section 133(1);
“planning decision” means a decision made on an application in accordance with Part 3;
“planning permission” means permission under Part 3;
“planning permission granted for a limited period” has the meaning assigned to it by section 52(3);
“prescribed” means prescribed by regulations under this Act;
“public body” has the same meaning as in the Local Government Act (Northern Ireland) 1972 (c. 9);
“purchase notice” means a notice served under section 191;
“regional development strategy” means the strategy formulated by the Department for Regional Development under the Strategic Planning (Northern Ireland) Order 1999 (NI 4);
“regulations” means regulations made by the Department;
“restoration condition” has the meaning given in section 53(2);
“road” has the same meaning as in the Roads (Northern Ireland) Order 1993 (NI 15) but includes land in respect of which street planning functions, as defined in the Private Streets (Northern Ireland) Order 1980 (NI 12), have been exercised under Article 3(1) of that Order;
“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 33;
“statutory undertaker” means persons authorised by any statutory provision to carry on any railway, road transport, water transport, inland navigation, dock or harbour undertaking, or a gas undertaker or an electricity undertaker, or a universal service provider (within the meaning of the Postal Services Act 2000 (c. 26)) in connection with the provision of a universal postal service (within the meaning of that Act) or the airport operator (within the meaning of the Airports (Northern Ireland) Order 1994 (NI 1)) of any airport to which Article 25 of that Order applies or a water undertaker or sewerage undertaker;
“stop notice” has the meaning given in section 150;
“tenancy” includes a tenancy created by an agreement for a lease and a tenancy created under any statutory provision, but does not include—
a mortgage term; or
a tenancy for a year (or any shorter term) or from year to year (or any other periodic tenancy) having reference to any period less than a year; or
a tenancy at will;
“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit;
“tree preservation order” has the meaning given in section 122;
“trustee” includes an implied or constructive trustee and a personal representative;
“use” in relation to land, does not include the use of land for the carrying out of any building or other operations thereon.
(2) Where—
(a)an electronic communication is used for the purpose of giving or serving a notice or other document on or to any person for the purposes of this Act, and
(b)the communication is received by that person outside that person's business hours,
it shall be taken to have been received on the next working day, and in this subsection, “working day” means a day which is not a Saturday, Sunday or a public holiday.
Further provisionN.I.
251—(1) The Department may by order make such supplementary, incidental or consequential provision as it thinks appropriate—
(a)for the general purposes, or any particular purpose, of this Act;
(b)in consequence of any provision made by or under this Act, or for giving full effect to it.
(2) The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with—
(a)the coming into operation of any provision of this Act; or
(b)any provision made by an order under subsection (1).
(3) An order under this section may amend, modify or repeal any statutory provision (including a statutory provision restating, with or without modifications, a statutory provision amended by this Act).
(4) An order which does so shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
(5) The powers conferred by this section are not restricted by any other provision of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CommencementN.I.
254—(1) This Act, apart from this section, section 250, 251 and section 255, shall come into operation on such day or days as the Department may by order appoint.
(2) No order shall be made under subsection (1) in respect of Part 3 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
(3) Section 249 comes into operation on Royal Assent.
Subordinate Legislation Made
P1S. 254(1) power partly exercised: 1.12.2011 appointed for specified provisions by S.R. 2011/386, art. 2
Short titleN.I.
255 This Act may be cited as the Planning Act (Northern Ireland) 2011.
SCHEDULES
Section 34(4).
SCHEDULE 1N.I.SIMPLIFIED PLANNING ZONES
1 Where a council decides under section 34 to make or alter a simplified planning zone scheme it must—N.I.
(a)notify the Department of its decision as soon as practicable, and
(b)determine the date on which the council will begin to prepare the scheme or the alterations.
Commencement Information
I60Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 1 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
2—(1) A council proposing to make or alter a simplified planning zone scheme must, before determining the content of its proposals, comply with this paragraph.N.I.
(2) The council must consult or notify such persons as regulations may require it to consult or, as the case may be, notify.
(3) The council must take such steps as may be prescribed or as the Department may, in a particular case, direct to publicise—
(a)the fact that the council proposes to make or alter a simplified planning zone scheme, and
(b)the matters which it is considering including in the proposals.
(4) The council must consider any representations that are made in accordance with regulations.
Commencement Information
I61Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 2 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
3 Where a council has prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, it must—N.I.
(a)make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,
(b)take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,
(c)take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and
(d)send a copy of the proposed scheme or alterations to the Department and such other persons as may be prescribed.
Commencement Information
I62Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 3 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
4—(1) Where objections to the proposed scheme or alterations are made, the council may—N.I.
(a)for the purpose of considering the objections, cause an independent examination to be carried out by—
(i)the planning appeals commission; or
(ii)a person appointed by the council and approved by the Department; or
(b)require the objections to be considered by a person appointed by the council and approved by the Department.
(2) Regulations may—
(a)make provision with respect to the appointment, and qualifications for appointment, of persons for the purposes of this paragraph;
(b)include provision enabling the Department to direct a council to appoint a particular person, or one of a prescribed list or class of persons.
(3) Any person who makes objections to a proposed simplified planning zone scheme or proposed alterations to a simplified planning zone scheme must, if that person so requests, be given the opportunity to appear before and be heard by—
(a)the planning appeals commission; or
(b)the person appointed by the council and approved by the Department under sub-paragraph (1)(a)(ii).
(4) A council must exercise the power under sub-paragraph (1), or head (a) or (b) of that sub-paragraph, if directed to do so by the Department.
Commencement Information
I63Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 4 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
5—(1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of the planning appeals commission or any other person holding an independent examination or considering those objections under paragraph 4, the council may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 6).N.I.
(2) The council may adopt the proposals as originally prepared or as modified so as to take account of—
(a)any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or
(b)any other considerations which appear to the council to be material.
(3) If, before the proposals have been adopted by the council, it appears to the Department that they are unsatisfactory, the Department may direct the council to modify the proposals in such respects as are indicated in the direction.
(4) A council to which such a direction is given shall not adopt the proposals unless—
(a)it satisfies the Department that it has made the modifications necessary to conform with the direction; or
(b)the direction is withdrawn.
Commencement Information
I64Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 5 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
6—(1) Before the proposals have been adopted by the council the Department may direct that they must be submitted to the Department for its approval.N.I.
(2) If the Department gives such a direction—
(a)the council must not take any further steps for the adoption of the proposals, and in particular must not hold or proceed with an independent examination or any consideration of objections in respect of the proposals under paragraph 4; and
(b)the proposals shall not have effect unless approved by the Department and shall not require adoption by the council.
Commencement Information
I65Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 6 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
7—(1) The Department may, after considering proposals submitted to it under paragraph 6, either approve them, in whole or in part and with or without modifications, or reject them.N.I.
(2) In considering the proposals the Department may take into account any matters it thinks are relevant, whether or not they were taken into account in the proposals as submitted to it.
(3) Where on taking the proposals into consideration the Department does not determine then to reject them it shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—
(a)have already been considered by the council or a person appointed by the council; or
(b)have already been considered in the course of an independent examination carried out under paragraph 4.
(4) The Department may, for the purpose of considering any objections and the views of the council and of such other persons as it thinks fit—
(a)cause an independent examination to be carried out by the planning appeals commission or such other person appointed by the Department; or
(b)require such objections and views to be considered by a person appointed by the Department.
(5) In considering the proposals the Department may consult with, or consider the views of, any council or any other person; but the Department need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as it is required to do so by sub-paragraph (3).
Commencement Information
I66Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 7 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
8—(1) Without prejudice to the previous provisions of this Schedule, the Department may make regulations with respect—N.I.
(a)to the form and content of simplified planning zone schemes, and
(b)to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making or alteration.
(2) Any such regulations may in particular—
(a)provide for the notice to be given of, or the publicity to be given to—
(i)matters included or proposed to be included in a simplified planning zone scheme, and
(ii)the adoption or approval of such a scheme, or of any alteration of it, or any other prescribed procedural step,
and for publicity to be given to the procedure to be followed in these respects;
(b)make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;
(c)make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;
(d)without prejudice to head (a), provide for notice to be given to particular persons of the adoption or approval of a simplified planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and have notified the council of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;
(e)provide for notice to be given to the Department and such other persons as may be prescribed of the council's decision to hold or not to hold an independent examination in accordance with paragraph 4;
(f)require or authorise a council to consult with, or consider the views of, other persons before taking any prescribed procedural step;
(g)require a council, in such cases as may be prescribed or in such particular cases as the Department may direct, to provide persons making a request with copies of any document which has been made public, subject (if the regulations so provide) to the payment of a reasonable charge;
(h)provide for the publication and inspection of a simplified planning zone scheme which has been adopted or approved, or any document adopted or approved altering such a scheme, and for copies of any such scheme or document to be made available on sale.
(3) Subject to the previous provisions of this Schedule and to any regulations under this paragraph, the Department may give directions to any council or to councils generally—
(a)for formulating the procedure for the carrying out of their functions under this Schedule;
(b)for requiring them to give the Department such information as the Department may require for carrying out any of its functions under this Schedule.
Commencement Information
I67Pt. 3 which includes inducing s. 34(4) for Sch. 1 para. 8 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Prospective
Section 129(1).
SCHEDULE 2N.I.REVIEW OF OLD MINERAL PLANNING PERMISSION
InterpretationN.I.
1—(1) In this Schedule—N.I.
“dormant site” means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time within the period of 15 years ending on the date on which this Schedule comes into operation;
“first list” means, in relation to a council, the list prepared by the council under paragraph 3;
“mineral site” has the meaning given by sub-paragraph (2);
“Phase I site” and “Phase II site” have the meanings given by paragraph 2;
“relevant planning permission” means any planning permission for minerals development; and
“second list” means, in relation to a council, the list prepared by the council under paragraph 4.
(2) For the purposes of this Schedule “mineral site” means—
(a)in a case where it appears to the council to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and
(b)in any other case, the land to which a relevant planning permission relates.
(3) In determining whether it appears to it to be expedient to treat as a single site the aggregate of land to which two or more planning permissions relate a council must have regard to any guidance issued for the purpose by the Department.
(4) Any reference (however expressed) in this Schedule to a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.
(5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.
(6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—
(a)the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;
(b)the depth to which operations for the winning and working of minerals may extend;
(c)the height of any deposit of mineral waste;
(d)the rate at which any particular mineral may be extracted;
(e)the rate at which any particular mineral waste may be deposited;
(f)the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or
(g)the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,
is restricted or reduced in respect of the mineral site in question.
(7) For the purposes of this Schedule, where an application is made under paragraph 9 for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—
(a)the proceedings on the application have been determined, and
(b)any time for appealing under paragraph 11(1), or applying or further applying under paragraph 9, (where there is a right to do so) has expired.
Phase I and II sitesN.I.
2—(1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.N.I.
(2) A mineral site is neither a Phase I nor a Phase II site where—
(a)all the relevant planning permissions which relate to the site have been granted after 31st December 1993; or
(b)some only of the relevant planning permissions which relate to the site have been granted after 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of that site.
(3) With the exception of those mineral sites which, by virtue of sub-paragraph (2), are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.
(4) Subject to sub-paragraph (2), where—
(a)all the relevant planning permissions which relate to a mineral site were granted before 31st December 1980; or
(b)some only of the relevant planning permissions which relate to the site were granted before 31st December 1980 and the parts of the site to which those permissions relate constitute the greater part of that site,
that mineral site is a Phase I site.
(5) Subject to sub-paragraphs (2) and (4), where—
(a)all the relevant planning permissions which relate to a mineral site were granted after 31st December 1980 but before 31st December 1993; or
(b)some only of the relevant planning permissions which relate to the site were granted after 31st December 1980 but before 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of the site,
the mineral site is a Phase II site.
(6) In ascertaining, for the purposes of sub-paragraph (2) or (5), whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the council, been satisfactorily restored; but no part of a site shall be treated as being not so included in the site unless the council is satisfied that any after care conditions which relate to that part have, so far as relating to that part, been complied with.
The “first list”N.I.
3—(1) A council must, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in its district (“the first list”).N.I.
(2) A site shall, but shall only, be included in the first list if it is a mineral site in the council's district and is either—
(a)an active Phase I site;
(b)an active Phase II site; or
(c)a dormant site.
(3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.
(4) In respect of each active Phase I site included in the first list, that list must specify the date by which an application is to be made to the council under paragraph 9.
(5) Any date specified pursuant to sub-paragraph (4) must be a date not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5.
The “second list”N.I.
4—(1) A council must, in accordance with the following provisions of this paragraph, prepare a list of active Phase II sites in its district (“the second list”).N.I.
(2) The second list must include each mineral site in the council's district which is an active Phase II site.
(3) In respect of each site included in the second list, that list must specify the date by which an application is to be made to the council under paragraph 9.
(4) Any date specified pursuant to sub-paragraph (3) must be a date not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5.
Advertisement of the first and second listsN.I.
5—(1) This paragraph makes provision for the advertisement of the first and second lists by a council.N.I.
(2) The council must advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating throughout Northern Ireland, notice of the list having been prepared.
(3) In respect of each of those lists, such notice must—
(a)state that the list has been prepared by the council; and
(b)specify one or more places within the council's district at which the list may be inspected, and in respect of each such place specify the times (which must be reasonable times) during which facilities for inspection of the list will be afforded.
(4) In respect of the first list, such notice must—
(a)explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;
(b)explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase I site included in the list by the date specified in the list for that site;
(c)explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—
(i)set out the right to make an application to the council for that site to be included in the list;
(ii)set out the date by which such an application must be made; and
(iii)state that the owner of such a site has a right of appeal against any decision of the council upon such an application; and
(d)explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9, and set out the date by which an application for such postponement must be made.
(5) In respect of the second list, such notice must explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase II site included in the list by the date specified in the list for that site.
Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applicationsN.I.
6—(1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the council for that land or interest to be included in that list.N.I.
(2) An application under sub-paragraph (1) must be made no later than the day upon which expires the period of 3 months from the day when the first list was first advertised in accordance with paragraph 5.
(3) Where the council considers that—
(a)the land or interest is, or forms part of, any dormant site or active Phase I or II site, it must accede to the application; or
(b)part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, it must accede to the application so far as it relates to that part of the land or interest,
but it must otherwise refuse the application.
(4) On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the council must amend the first list as follows—
(a)where it considers that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, it must add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and must cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;
(b)where it considers that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, it must amend the entry in the first list for that site accordingly.
(5) Where the council amends the first list in accordance with sub-paragraph (4), it must also—
(a)in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the council under paragraph 9;
(b)in a case where—
(i)the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and
(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the council under paragraph 9 is a date falling less than 12 months after the date upon which the council makes its decision upon the application in question,
cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the council's decision upon the application.
(6) Any date specified pursuant to sub-paragraph (5)(a) must be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the council's decision upon the application.
(7) On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the council must, if the second list has been first advertised in accordance with paragraph 5 prior to the time at which it makes its decision on the application, amend the second list as follows—
(a)where it considers that the land or interest, or any part of the land or interest, is an active Phase II site, it must add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;
(b)where it considers that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, it must amend the entry in that list for that site accordingly.
(8) Where the council amends the second list in accordance with sub-paragraph (7), it must also—
(a)in a case where an active Phase II site is added to the second list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the council under paragraph 9;
(b)in a case where—
(i)the entry for an active Phase II site included in the second list is amended pursuant to paragraph (b) of that sub-paragraph; and
(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the council under paragraph 9 is a date falling less than 12 months after the date upon which the council makes its decision upon the application in question,
cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the council's decision upon the application.
(9) Any date specified pursuant to sub-paragraph (8)(a) must be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the council's decision upon the application.
(10) When the council determines an application made under sub-paragraph (1) it must notify the applicant in writing of its decision and, in a case where it has acceded to the application, whether in whole or in part, must supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8).
(11) Where the council—
(a)refuses an application made under sub-paragraph (1); or
(b)accedes to such an application only so far as it relates to part of the land or interest in respect of which it was made,
the applicant may by notice appeal to the planning appeals commission.
(12) A person who has made such an application may also appeal to the planning appeals commission if the council has not given notice to the applicant of its decision on the application within such period as may be prescribed or within such extended period as may at any time be agreed upon in writing between the applicant and the council.
(13) An appeal under sub-paragraph (11) or (12) must be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with—
(a)in the case of an appeal under sub-paragraph (11), the determination, or
(b)in the case of an appeal under sub-paragraph (12), the end of the first period mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.
Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactoryN.I.
7—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in—N.I.
(a)an active Phase I site included in the first list; or
(b)an active Phase II site included in the second list,
may apply to the council for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the council under paragraph 9 (in this paragraph referred to as “the specified date”).
(2) Subject to sub-paragraph (3), an application under sub-paragraph (1) must be made no later than the day upon which expires the period of 3 months from the day when—
(a)in the case of an active Phase I site, the first list; or
(b)in the case of an active Phase II site, the second list,
was first advertised in accordance with paragraph 5.
(3) In the case of—
(a)an active Phase I site—
(i)added to the first list in accordance with paragraph 6(4)(a); or
(ii)in respect of which the entry in the first list was amended in accordance with paragraph 6(4)(b);
or
(b)an active Phase II site—
(i)added to the second list in accordance with paragraph 6(7)(a); or
(ii)in respect of which the entry in the second list was amended in accordance with paragraph 6(7)(b),
an application under sub-paragraph (1) must be made no later than the day upon which expires the period of 3 months from the day on which notice was given under paragraph 6(10) of the council's decision to add the site to or, as the case may be, so to amend the list in question.
(4) An application under sub-paragraph (1) must be in writing and must—
(a)set out the conditions to which each relevant planning permission relating to the site is subject;
(b)set out the applicant's reasons for considering those conditions to be satisfactory;
(c)set out the date which the applicant wishes to be substituted for the specified date; and
(d)be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5)).
(5) For the purposes of sub-paragraph (4), the appropriate certificate is such a certificate—
(a)as would be required, under section 42 (notification of applications to certain persons), to accompany the application if it were an application for planning permission for minerals development, but
(b)with such modifications as are required for the purposes of this paragraph,
and section 42(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(6) Where the council receives an application made under sub-paragraph (1)—
(a)if it considers the conditions referred to in sub-paragraph (4)(a) to be satisfactory it must agree to the specified date being postponed in which event the council must determine the date to be substituted for that date;
(b)in any other case it must refuse the application.
(7) Where the council agrees to the specified date being postponed it must cause the first or, as the case may be, the second list to be amended accordingly.
(8) When the council determines an application made under sub-paragraph (1) it must notify the applicant in writing of its decision and, in a case where it has agreed to the postponement of the specified date, must notify the applicant of the date which it has determined should be substituted for the specified date.
(9) Where, within 3 months of the council having received an application under sub-paragraph (1), or within such extended period as may at any time be agreed upon in writing between the applicant and the council, the council has not given notice, under sub-paragraph (8), to the applicant of its decision upon the application, the council shall be treated as—
(a)having agreed to the specified date being postponed; and
(b)having determined that the date referred to in sub-paragraph (4)(c) be substituted for the specified date,
and sub-paragraph (7) shall apply accordingly.
Service on owners etc. of notice of preparation of the first and second listsN.I.
8—(1) The council must, no later than the date upon which the first list is first advertised in accordance with paragraph 5, serve notice in writing of the first list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7).N.I.
(2) A notice required to be served by sub-paragraph (1) must—
(a)indicate whether the mineral site in question is a dormant site or an active Phase I or II site; and
(b)where that site is an active Phase I site—
(i)indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the council under paragraph 9;
(ii)explain the consequences which will occur if such an application is not made by the date so specified; and
(iii)explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.
(3) Where, in relation to any land or mineral included in an active Phase I site, the council—
(a)has served notice on any person under sub-paragraph (1); and
(b)has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question,
the council must serve a written reminder on that person, and such a reminder must—
(i)indicate that the land or mineral in question is included in an active Phase I site;
(ii)comply with the requirements of sub-paragraph (2)(b)(i) and (ii); and
(iii)be served on that person on or before the date falling 4 weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the council under paragraph 9.
(4) The council must, no later than the date upon which the second list is first advertised in accordance with paragraph 5, serve notice in writing of the second list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7).
(5) A notice required to be served by sub-paragraph (4) must—
(a)indicate that the mineral site in question is an active Phase II site; and
(b)indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the council under paragraph 9;
(c)explain the consequences which will occur if such an application is not made by the date so specified; and
(d)explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.
(6) Where, in relation to any land or mineral included in an active Phase II site, the council—
(a)has served notice on any person under sub-paragraph (4), and
(b)has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question,
the council must serve a written reminder on that person, and such a reminder must—
(i)comply with the requirements of sub-paragraph (5)(a) to (c); and
(ii)be served on that person on or before the date falling 4 weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the council under paragraph 9.
(7) Sub-paragraph (1) or (4) shall not require the council to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by it, but in any such case the council must cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which it would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
(8) If, in a case where sub-paragraph (7) applies, no person makes an application to the council under paragraph 9 in respect of the active Phase I or II site which includes the land or interest in question by the date falling 8 weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the council must cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7), have been served under sub-paragraph (3) or (6).
(9) Where by sub-paragraph (7) or (8) a copy of any notice is required to be affixed to an object on any land that copy must—
(a)be displayed in such a way as to be easily visible and legible;
(b)be first displayed—
(i)in a case where the requirement arises under sub-paragraph (7), no later than the date upon which the first or, as the case may be, the second list is first advertised in accordance with paragraph 5; or
(ii)in a case where the requirement arises under sub-paragraph (8), no later than the date falling 4 weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the council under paragraph 9; and
(c)be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the council, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the council has taken reasonable steps for protection of the notice and, if need be, its replacement.
(10) In sub-paragraphs (7) and (8), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.
(11) Where the council, being required—
(a)by sub-paragraph (3) or (6) to serve a written reminder on any person; or
(b)by sub-paragraph (8) to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph,
fails to comply with that requirement by the date specified for the purpose, it may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 is the date upon which expires the period of 3 months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.
Applications for approval of conditions and appeals in cases where the conditions approved are not those proposedN.I.
9—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase I or II site, apply to the council to determine the conditions to which the relevant planning permissions relating to that site are to be subject.N.I.
(2) An application under this paragraph must be in writing and must—
(a)identify the mineral site to which the application relates;
(b)specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;
(c)identify any relevant planning permission relating to the site;
(d)identify, and give a postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;
(e)set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject; and
(f)be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3)).
(3) For the purposes of sub-paragraph (2), the appropriate certificate is such a certificate—
(a)as would be required, under section 42 (notification of applications for planning provisions to certain persons) to accompany the application if it were an application for planning permission for minerals development, but
(b)with such modifications as are required for the purposes of this paragraph,
and section 42(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(4) Section 41 shall have effect, with any necessary modifications, in relation to an application under this paragraph as it has effect in relation to an application for planning permission.
(5) Where the council receives an application under this paragraph in relation to a dormant site or an active Phase I or II site it must determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject.
(6) The conditions imposed by virtue of a determination under sub-paragraph (5)—
(a)may include any conditions which may be imposed on a grant of planning permission for minerals development;
(b)may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.
(7) In determining that a relevant planning permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the council must have regard to any guidance issued by the Department.
(8) Subject to sub-paragraph (10), where, within the period of 6 months from the council having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the council, the council has not—
(a)given notice to the applicant of its decision upon the application; or
(b)given notice to the applicant that the application has been referred to the Department in accordance with directions given under paragraph 13,
the council shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
(9) Where the council, having received an application under this paragraph, is of the opinion that it is unable to determine the application unless further details are supplied to it, it must within the period of one month from having received the application give notice to the applicant—
(a)stating that it is of such opinion; and
(b)specifying the further details which it requires,
and where the council so serves such a notice the period of 6 months referred to in sub-paragraph (8) shall run not from the council having received the application but from the time when the council has received all the further details specified in the notice.
(10) Without prejudice to the generality of sub-paragraph (9), the further details which may be specified in a notice under that sub-paragraph include any—
(a)information, plans or drawings; or
(b)evidence verifying any particulars of details supplied to the council in respect of the application in question,
which it is reasonable for the council to request for the purpose of enabling it to determine the application.
Notice of determination of conditions to be accompanied by additional information in certain casesN.I.
10—(1) This paragraph applies in a case where—N.I.
(a)on an application made to the council under paragraph 9 in respect of an active Phase I or II site the council determines under that paragraph the conditions to which the relevant planning permissions relating to the site are to be subject;
(b)those conditions differ in any respect from the proposed conditions set out in the application; and
(c)the effect of the conditions, other than any restoration or aftercare conditions, so determined by the council, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the council making the determination, is to restrict working rights in respect of the site.
(2) In a case where this paragraph applies, the council must, upon giving to the applicant notice of the conditions determined by the council under paragraph 9, also give to the applicant notice—
(a)stating that the conditions determined by the council differ in some respect from the proposed conditions set out in the application;
(b)stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the council, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions relating to the site in question were subject immediately prior to the making of the council's determination, is to restrict working rights in respect of the site;
(c)identifying the working rights so restricted; and
(d)stating whether, in the opinion of the council, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—
(i)the economic viability of operating the site; or
(ii)the asset value of the site.
(3) In this paragraph, “the applicant” means the person who made the application in question under paragraph 9.
Right to appeal against council's determination of conditions etc.N.I.
11—(1) Where the council—N.I.
(a)on an application under paragraph 9 determines under that paragraph conditions that differ in any respect from the proposed conditions set out in the application; or
(b)gives notice, under paragraph (d) of paragraph 10(2), stating that, in its opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of paragraph (d),
the person who made the application may appeal to the planning appeals commission.
(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with the date on which the council gives notice to the applicant of its determination or, as the case may be, stating its opinion.
Permissions ceasing to have effectN.I.
12—(1) Subject to paragraph 8(11), where no application under paragraph 9 in respect of an active Phase I or II site has been served on the council by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the council, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.N.I.
(2) The reference in sub-paragraph (1) to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the council or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.
(3) Subject to sub-paragraph (4), no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—
(a)an application has been made under paragraph 9 in respect of that site; and
(b)that permission has effect in accordance with sub-paragraph (5) of that paragraph.
(4) A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—
(a)the proceedings on that application have been determined, and
(b)any time for appealing under paragraph 6(11) or (12), or applying or further applying under paragraph 6(1), (where there is a right to do so) has expired.
Call in of applications to DepartmentN.I.
13—(1) The Department may give directions requiring applications under paragraph 9 to any council to be referred to it for determination instead of being dealt with by the council.N.I.
(2) A direction under sub-paragraph (1)—
(a)may be given either to a particular council or to councils generally; and
(b)may relate either to a particular application or to applications of a class specified in the direction.
(3) Where an application is referred to the Department in accordance with such a direction, the following provisions of this Schedule—
(a)paragraph 9(5) and (6),
(b)paragraph 10, and
(c)paragraph 14 so far as relating to applications under paragraph 9,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the council.
(4) For the purpose of considering representations made in respect of an application referred to it under this paragraph, the Department may cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(5) Where a public local inquiry is not held under sub-paragraph (4), the Department must, before determining the application, serve a notice on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department must afford to each of them an opportunity of appearing before and being heard by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(6) In determining an application referred to it under this paragraph, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.
(7) The decision of the Department on an application referred to it under this paragraph shall be final.
Two or more applicantsN.I.
14—(1) Where the council has received from any person a duly made application under paragraph 7(1) or 9—N.I.
(a)that person may not make any further application under the paragraph in question in respect of the same site; and
(b)if the application has been determined, whether or not in the case of an application under paragraph 9 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.
(2) Where—
(a)the council has received from any person in respect of a mineral site a duly made application under paragraph 7(1) or 9; and
(b)the council receives from another person a duly made application under the paragraph in question in respect of the same site,
then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the council on the date on which the later application was received by the council and references to the applicant shall be read as references to either or any of the applicants.
CompensationN.I.
15—(1) This paragraph applies in a case where—N.I.
(a)an application made under paragraph 9 in respect of an active Phase I or II site is finally determined; and
(b)the requirements of sub-paragraph (2), (3) or (4) are satisfied.
(2) The requirements, referred to in sub-paragraph (1)(b), of this sub-paragraph are—
(a)that the conditions to which the relevant planning permissions relating to the site are to be subject were determined by the council;
(b)no appeal was made under paragraph 11(1)(a) in respect of that determination or any such appeal was withdrawn or dismissed; and
(c)the council gave notice under paragraph (d) of paragraph 10(2) and either—
(i)that notice stated that, in the council's opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of paragraph (d); or
(ii)that notice stated that, in the council's opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1)(b) in respect of the giving of the notice has been allowed.
(3) The requirements, referred to in sub-paragraph (1)(b), of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the Department and the Department gave notice under paragraph (d) of paragraph 10(2) stating that, in its opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of paragraph (d).
(4) The requirements, referred to in sub-paragraph (1)(b), of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the planning appeals commission upon an appeal under paragraph 11(1)(a) and either—
(a)the council gave notice under paragraph (d) of paragraph 10(2) stating that, in its opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of paragraph (d); or
(b)the council gave a notice under paragraph (d) stating that, in its opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1)(b) in respect of the giving of that notice has been allowed.
(5) In a case to which this paragraph applies, section 26 of the Act of 1965 shall have effect as if an order having effect under section 68 of this Act had effect to modify those permissions to the extent specified in sub-paragraph (6).
(6) For the purposes of sub-paragraph (5), the order which is treated by virtue of that sub-paragraph as having effect under section 68 is one whose only effect adverse to the interests of any person having an estate or interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
Appeals: general procedural provisionsN.I.
16—(1) This paragraph applies to appeals under any of the following provisions of this Schedule—N.I.
(a)paragraph 6(11) or (12);or
(b)paragraph 11(1).
(2) Subsections (4) and (5) of section 58 (appeals) shall apply to an appeal to which this paragraph applies as those subsections apply to an appeal under that section.
Prospective
Section 129(1).
SCHEDULE 3N.I.PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS
Duty to carry out periodic reviewsN.I.
1 The council must, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.N.I.
InterpretationN.I.
2—(1) For the purposes of this Schedule—N.I.
“first review date”, in relation to a mining site, shall, subject to paragraphs 4 and 6, be ascertained in accordance with paragraph 3;
“mineral permission” means any planning permission for minerals development;
“mining site” means—
in a case where it appears to the council to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and
in any other case, the land to which a mineral permission relates.
(2) In determining whether it appears to it to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a council must have regard to any guidance issued for the purpose by the Department.
(3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates a mineral permission, is a reference to the mining site, or some part of it, being the land to which the permission relates.
(4) For the purposes of this Schedule, an application made under paragraph 7 is finally determined when—
(a)the proceedings on the application have been determined, and
(b)any time for appealing under paragraph 9(1), or applying or further applying under paragraph 7, (where there is a right to do so) has expired.
The first review dateN.I.
3—(1) Subject to sub-paragraph (5), in the case of a mining site which is a Phase I or II site within the meaning of Schedule 2, the first review date means the date falling 15 years after the date upon which, pursuant to an application made under paragraph 9 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject.N.I.
(2) Subject to sub-paragraphs (3) and (6), in the case of a mining site which is not a Phase I or II site within the meaning of Schedule 2, the first review date is the date falling 15 years after the date upon which was granted the most recent mineral permission which relates to the site.
(3) Where, in the case of a mining site falling within sub-paragraph (2), the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the council it is expedient, for the purpose of ascertaining, under that sub-paragraph, the first review date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the first review date for that site shall be ascertained under that sub-paragraph accordingly.
(4) A council must, in deciding whether it is of such an opinion as is mentioned in sub-paragraph (3), have regard to any guidance issued by the Department for the purpose.
(5) Subject to sub-paragraph (6), in the case of a mining site—
(a)to which relates a mineral permission in respect of which an order has been made under section 68, or
(b)in respect of which, or any part of which, an order has been made under section 73,
the first review date shall be the date falling 15 years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.
(6) In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the first review date, the first review date shall be the latest of those dates.
4—(1) The Department may by order subject to negative resolution specify a first review date different from the first review date found in pursuance of paragraph 3(1).N.I.
(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1).
(3) The Department may by order subject to negative resolution specify a first review date.
Service of notice of first periodic reviewN.I.
5—(1) The council must, in connection with the first periodic review of the mineral permissions relating to a mining site, no later than 12 months before the first review date, serve notice upon each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included in that site.N.I.
(2) A notice required to be served under sub-paragraph (1) must—
(a)specify the mining site to which it relates;
(b)identify the mineral permissions relating to that site;
(c)state the first review date;
(d)state that the first review date is the date by which an application must be made for approval of the conditions to which the mineral permissions relating to the site are to be subject and explain the consequences which will occur if no such application is made by that date; and
(e)explain the right to apply for postponement of the first review date and give the date by which such an application has to be made.
(3) Where, in relation to any land or mineral included in a mining site, the council—
(a)has served notice on any person under sub-paragraph (1); and
(b)has received no application under paragraph 7 from that person by the date falling 8 weeks before the first review date,
the council must serve a written reminder on that person.
(4) A reminder required to be served under sub-paragraph (3) must—
(a)indicate that the land or mineral in question is included in a mining site;
(b)comply with the requirements of sub-paragraph (2)(a) to (d); and
(c)be served on the person in question on or before the date falling 4 weeks before the first review date.
(5) Sub-paragraph (1) shall not require the council to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by it, but in any such case the council must cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which it would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
(6) If, in a case where sub-paragraph (5) applies, no person makes an application to the council under paragraph 7 in respect of the mining site which includes the land or interest in question by the date falling 8 weeks before the first review date, the council must cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5), have been served under sub-paragraph (3).
(7) Where by sub-paragraph (5) or (6) a copy of any notice is required to be affixed to an object on any land that copy must—
(a)be displayed in such a way as to be easily visible and legible;
(b)be first displayed—
(i)in a case where the requirement arises under sub-paragraph (5), no later than 12 months before the first review date; or
(ii)in a case where the requirement arises under sub-paragraph (6), no later than the date falling 4 weeks before the first review date;
and
(c)be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the council, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the council has taken reasonable steps for protection of the notice and, if need be, its replacement.
(8) In sub-paragraphs (5) and (6), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.
Application for postponement of the first review dateN.I.
6—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of 3 months from the day upon which notice was served on that person under paragraph 5, apply under this paragraph to the council for the postponement of the first review date.N.I.
(2) An application under this paragraph must be in writing and must set out—
(a)the conditions to which each mineral permission relating to the site is subject;
(b)the applicant's reasons for considering those conditions to be satisfactory; and
(c)the date which the applicant wishes to have substituted for the first review date.
(3) Where the council receives an application made under this paragraph—
(a)if it considers the conditions referred to in sub-paragraph (2)(a) to be satisfactory it must agree to the first review date being postponed in which event it must determine the date to be substituted for that date;
(b)in any other case it must refuse the application.
(4) When the council determines an application made under this paragraph, it must notify the applicant in writing of its decision and, in a case where the council has agreed to the postponement of the first review date, it must notify the applicant of the date which it has determined should be substituted for the first review date.
(5) Where, within the period of 3 months of the council having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the council, the council has not given notice, under sub-paragraph (4), to the applicant of its decision upon the application, the council shall be treated as having, at the end of that period or, as the case may be, that extended period—
(a)agreed to the first review date being postponed; and
(b)determined that the date referred to in sub-paragraph (2)(c) be substituted for the first review date.
Application to determine the conditions to which the mineral permissions relating to a mining site are to be subjectN.I.
7—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the council to determine the conditions to which the mineral permissions relating to that site are to be subject.N.I.
(2) An application under this paragraph must be in writing and must—
(a)identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site;
(b)specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;
(c)identify the mineral permissions relating to the site;
(d)identify, and give a postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;
(e)set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject; and
(f)be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3)).
(3) For the purposes of sub-paragraph (2)(f), the appropriate certificate is such a certificate—
(a)as would be required, under section 42, to accompany the application if it were an application for planning permission for minerals development, but
(b)with such modifications as are required for the purposes of this paragraph,
and section 42(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(4) Section 41 shall have effect, with any necessary modifications, in relation to an application under this paragraph as it has effect in relation to an application for planning permission.
(5) Where the council receives an application under this paragraph in relation to a mining site it must determine the conditions to which each mineral permission relating to the site is to be subject.
(6) The conditions imposed by virtue of a determination under sub-paragraph (5)—
(a)may include any conditions which may be imposed on a grant of planning permission for minerals development;
(b)may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.
(7) In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the council must have regard to any guidance issued for the purpose by the Department.
(8) Subject to sub-paragraph (9), where, within the period of 6 months of the council having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the council, the council has not—
(a)given notice to the applicant of its decision upon the application; or
(b)given notice to the applicant that the application has been referred to the Department in accordance with directions given under paragraph 10,
the council shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
(9) Where the council, having received an application under this paragraph, is of the opinion that it is unable to determine the application unless further details are supplied to it, the council must within the period of one month from having received the application give notice to the applicant—
(a)stating that it is of such opinion; and
(b)specifying the further details which it requires,
and where the council so serves such a notice the period of 6 months referred to in sub-paragraph (8) shall run not from the council having received the application but from the time when the council has received all the further details specified in the notice.
(10) Without prejudice to the generality of sub-paragraph (9), the further details which may be specified in a notice under that sub-paragraph include any—
(a)information, plans or drawings; or
(b)evidence verifying any particulars of details supplied to the council in respect of the application in question,
which it is reasonable for the council to request for the purpose of enabling it to determine the application.
Permissions ceasing to have effectN.I.
8 Where no application under paragraph 7 in respect of a mining site has been served on the council by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the council, each mineral permission—N.I.
(a)relating to the site; and
(b)identified in the notice served in relation to the site under paragraph 5,
shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.
AppealsN.I.
9—(1) Where on an application under paragraph 7 the council determines conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the planning appeals commission.N.I.
(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with the date on which the council gives notice to the applicant of its determination.
(3) Subsections (4) and (5) of section 58 (determination of appeals) shall apply to appeals under sub-paragraph (1) as those subsections apply to appeals under that section.
Call in of applications to DepartmentN.I.
10—(1) The Department may give directions requiring applications made under paragraph 7 to any council to be referred to the Department for determination instead of being dealt with by the council.N.I.
(2) A direction under sub-paragraph (1) may—
(a)be given either to a particular council or to councils generally; and
(b)may relate either to a particular application or to applications of a class specified in the direction.
(3) Where an application is referred to the Department in accordance with a direction under sub-paragraph (1), paragraph 7(5) and (6), and paragraph 12 so far as relating to applications under paragraph 7, shall apply, with any necessary modifications, to the Department's determination of the application as they apply to the determination of applications by the council.
(4) For the purpose of considering representations made in respect of an application referred to it under this paragraph, the Department may cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(5) Where a public local inquiry is not held under sub-paragraph (4), the Department must, before determining the application, serve a notice on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department must afford to each of them an opportunity of appearing before and being heard by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(6) In determining an application referred to it under this paragraph, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.
(7) The decision of the Department on an application referred to it under this paragraph shall be final.
Time from which conditions determined under this Schedule are to take effectN.I.
11—(1) Where an application has been made under paragraph 7 in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.N.I.
(2) Sub-paragraph (1) is without prejudice to paragraph 7(8).
Two or more applicantsN.I.
12—(1) Where the council has received from any person a duly made application under paragraph 6 or 7—N.I.
(a)that person may not make any further application under the paragraph in question in respect of the same site; and
(b)if the application has been determined, whether or not in the case of an application under paragraph 7 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.
(2) Where—
(a)the council has received from any person in respect of a mineral site a duly made application under paragraph 6 or 7; and
(b)the council receives from another person a duly made application under the paragraph in question in respect of the same site,
then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the council on the date on which the later application was received by the council and references to the applicant shall be read as references to either or any of the applicants.
Second and subsequent periodic reviewsN.I.
13—(1) In this paragraph, in relation to a mining site, but subject to paragraph 6 as applied by sub-paragraph (2) below, “review date” means—N.I.
(a)in the case of the second periodic review, the date falling 15 years after the date upon which was finally determined an application made under paragraph 7 in respect of the site; and
(b)in the case of subsequent periodic reviews, the date falling 15 years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 7 as applied by sub-paragraph (2) below.
(2) Paragraphs 5 to 12 shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—
(a)any reference in those paragraphs to the “first review date” were a reference to the review date; and
(b)the references in paragraphs 5(1) and 7(2)(a) to the first periodic review were references to the periodic review in question.
CompensationN.I.
14—(1) This paragraph applies where—N.I.
(a)an application made under paragraph 7 in respect of a mining site is finally determined; and
(b)the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and
(c)the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.
(2) For the purposes of this paragraph—
“the new conditions”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and
“the existing conditions”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 7 in respect of that site.
(3) For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—
(a)the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;
(b)the depth to which operations for the winning and working of minerals may extend;
(c)the height of any deposit of mineral waste;
(d)the rate at which any particular mineral may be extracted;
(e)the rate at which any particular mineral waste may be deposited;
(f)the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or
(g)the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,
is restricted or reduced in respect of the mining site in question.
(4) In a case to which this paragraph applies, section 26 of the Act of 1965 shall have effect as if an order having effect under section 68 of this Act had effect to modify those permissions to the extent specified in sub-paragraph (5).
(5) For the purposes of this paragraph, the order referred to in sub-paragraph (4) is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
Section 179(4).
SCHEDULE 4N.I.AMENDMENTS TO THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 (C. 23)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 198(3).
SCHEDULE 5N.I.THE HISTORIC BUILDINGS COUNCIL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 252.
SCHEDULE 6N.I.MINOR AND CONSEQUENTIAL AMENDMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 253.
SCHEDULE 7N.I.REPEALS
Short Title | Extent of repeal |
---|---|
The Planning (Northern Ireland) Order 1972 (NI 17). |
Articles 65, 65A, 66, 66A, 67, 67A, 67B, 69 and 69B(2). In Schedule 6, paragraph 4(1). |
The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 (NI 14). | Article 21. |
The Planning (Northern Ireland) Order 1991 (NI 11). |
Articles 2A, 87(8), 112, 112B(2) to (7), 112D, 115 to 117, 119 and 120. Parts 2 to 6, 8, 10 and 11. In Article 121, paragraphs (1)(a)(i), (ii), (iv) and (v), 1(b), (c) and (d) and 3(b). Articles 123, 123A, 123B, 124, 126 to 129, 131 and 132. Schedules 1, 1A, 1B, 3 and 4. |
The Electricity (Northern Ireland) Order 1992 (NI 1). | In Schedule 12, paragraph 36. |
The Roads (Northern Ireland) Order 1993 (NI 15). | In Schedule 10, the amendment to Article 9 of the Planning (Northern Ireland) Order 1991. |
The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9). | In Schedule 3, paragraph 3. |
The Gas (Northern Ireland) Order 1996 (NI 2). | In Schedule 6, the amendment to Article 22 of the Planning (Northern Ireland) Order 1991. |
The Further Education (Northern Ireland) Order 1997 (NI 15). | In Schedule 4, the amendment to the Planning (Northern Ireland) Order 1991. |
The Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (NI 18). | In Schedule 1, paragraphs 22 and 23. |
The Strategic Planning (Northern Ireland) Order 1999 (NI 4). | Paragraphs 3 and 4 of the Schedule. |
The Planning (Compensation, etc.) Act (Northern Ireland) 2001 (c. 2). |
In section 4, the words “, except section 5,”. Section 5. In Schedule 1, paragraphs 3, 5 and 6. |
The Environment (Northern Ireland) Order 2002 (NI 7). | In Part 3 of Schedule 5, paragraph 10. |
The Planning (Amendment) (Northern Ireland) Order 2003 (NI 8). |
Articles 3 to 16, 17(1), 18 to 30 and 32 to 35. In Schedule 1, paragraphs 1 to 18. |
The Planning Reform (Northern Ireland) Order 2006 (NI 7). |
Articles 3 to 20, 21(2), 22, 23, 26 and 27. In Schedule 1, paragraphs 1 to 3 and 6 to 11. Schedules 3 and 4. |
The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21). | In Schedule 12, in paragraph 29, sub-paragraphs (2) and (3). |
The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23). | In section 38, subsections (1), (2) and (3). |
The Planning (Northern Ireland) Act 2011 (c. 25). | Section 249. |