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The Laganside Development (Northern Ireland) Order 1989

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PART IIIN.I.OBJECT AND POWERS OF THE CORPORATION

Object and general powers of the CorporationN.I.

Object and general powers of the CorporationN.I.

10.—[F1(1) The object of the Department under this Order shall be to secure the regeneration of the designated area.]

(2) The object is to be achieved in particular by the following means—

(a)by bringing land and buildings into effective use;

(b)by encouraging public and private investment and the development of existing and new industry and commerce;

(c)by creating an attractive environment; and

(d)by ensuring that housing, social, recreational and cultural facilities are available to encourage people to live and work in the area.

(3) F2. . . , for the purpose of achieving the object the [F3Department] may—

(a)acquire, hold, manage, reclaim and dispose of land and other property;

(b)carry out building and other operations;

(c)carry on any business or undertaking for the purposes of the object; and

(d)generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4) No provision of this Order by virtue of which any power is exercisable by the [F4Department] shall be construed as limiting the effect of paragraph (3).

(5) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A transaction between a person and the [F6Department] shall not be invalidated by reason of any failure by the [F6Department] to observe the object in paragraph (1) or the requirement in paragraph (3) that the [F6Department] shall exercise the powers conferred by that paragraph for the purpose of achieving that object.

Directions to the Corporation by DepartmentN.I.

11.  F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous powersN.I.

Power to provide financial assistanceN.I.

12.—(1) [F8The Department may], provide financial assistance for any body or person doing or intending to do in the designated area anything falling within paragraph (2).

(2) Financial assistance under paragraph (1) may be provided for—

(a)the promotion, development or regeneration of commercial, industrial or other economic activity;

(b)the improvement of the environment;

(c)the provision of housing;

(d)the provision of social, cultural, recreational or community facilities;

(e)the refurbishment or restructuring of buildings;

(f)any thing not falling within sub‐paragraphs ( a ) to ( e ) which the [F9Department] considers will benefit the designated area.

(3) Financial assistance under paragraph (1) may include—

(a)grants;

(b)loans;

(c)guarantees;

(d)the taking of any interest in property or in a body corporate.

(4) Article 4 of the Social Need (Northern Ireland) Order 1986F10 shall apply to financial assistance under this Article as it applies to financial assistance under Article 3 of that Order, F11. . .

Agreements for development of landN.I.

13.  The [F12Department] may—

(a)enter into an agreement with any person to develop any land in the designated area, whether or not the [F13Department] has any estate in that land; and

(b)do anything which is required in order to develop that land in accordance with such agreement.

Agency agreements with Departments and other public bodies for execution of worksN.I.

14.—(1) Where under any statutory provision powers are conferred on a relevant body to execute any works (of whatever kind and for whatever purpose)—

(a)that body and the [F14Department] may enter into an agreement that the powers shall, to such extent and subject to such conditions as the agreement may specify, be exercised in the designated area by the [F14Department] on behalf of that body; and

(b)the [F15Department] shall have power to execute those works in that area and otherwise to carry any such agreement into effect.

(2) Nothing in any agreement under paragraph (1) shall authorise or empower a relevant body or the [F16Department] on behalf of that body to execute the works in question otherwise than in accordance with, and subject to, any statutory provision conferring, or relating to, the power to execute the works; and references to the relevant body in any such statutory provision shall for the purposes of the execution of any such works be construed as including references to the [F16Department] .

(3) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this Article “relevant body”” means—

(a)a Northern Ireland Department;

(b)the Northern Ireland Housing Executive;

(c)the Northern Ireland Railways Company Limited;

(d)the Belfast City Council;

(e)the Belfast Harbour Commissioners;

(f)any other body (being a body established under a statutory provision) specified for the purposes of this Article by an order made by the Department.

[F18Studies, etc. for purposes of this OrderN.I.

15.  The Department may carry out or give financial assistance towards the carrying out of such studies, investigations and research as the Department considers will further its object under this Order.]

[F19Consultation with the Department of the Environment on planning mattersN.I.

16.  Where under the [F20Planning Act (Northern Ireland) 2011], the Department of the Environment is required to consult with the Belfast City Council about any matter relating to or affecting the designated area or land in that area, that department shall also consult with the Department about that matter.]

F20Words in art. 16 substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 53 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Powers in relation to the riverN.I.

Power to execute works in relation to the riverN.I.

17.—(1) The [F21Department] may execute such works in, on, across, over, alongside or adjacent to the river as it considers appropriate for the purposes of—

(a)improving the quality of water in the river;

(b)improving the immediate environment of the river;

(c)promoting the recreational use of the river;

(d)facilitating access to the river; and

[F22(e)otherwise furthering the object of the Department under this Order.]

(2) Without prejudice to the generality of paragraph (1), the [F23Department] may—

(a)construct embankments, quays and footpaths alongside, or adjacent to, the river;

(b)dredge, reclaim land from, and alter or divert the channel of, the river;

(c)operate, maintain, repair, alter, extend or remove any works executed under this Order and any existing works; and

(d)provide such buildings, amenities, machinery, plant, apparatus and appliances as it considers appropriate in connection with any works executed under this Order and any existing works.

(3) In paragraph (2) “existing works”” means works in, on, across, over, alongside or adjacent to the river which were executed at any time before the coming into operation of this Order and which, had this Order been in operation at that time, could have been executed by the [F24Department].

(4) Schedule 2 shall have effect in relation to works under this Article.

[F25Construction of bridges, weirs, locks and barragesN.I.

18.—(1) The Department may construct a bridge over, or weir, lock or barrage across, the river.

(2) Before executing any works under paragraph (1) the Department shall take into consideration the reasonable requirements of navigation on the river.

(3) Paragraphs 2, 3, 5 and 6 of Schedule 2 shall have effect in relation to works under this Article.

(4) The reference in this Article to a bridge includes a reference to a road, footway or railway over the bridge and to the approaches of any road, footway or railway to the bridge.]

[F26Byelaws as to use of river and certain adjacent landN.I.

19.—(1) The Department may make byelaws—

(a)regulating the use of the river by vessels;

(b)requiring vessels using the river to be licensed for that purpose by the Department;

(c)regulating fishing in the river;

(d)requiring persons fishing in the river to obtain a permit for that purpose from the Department;

(e)regulating the grant, renewal and revocation of licences under sub-paragraph (b) and permits under sub-paragraph (d), the conditions subject to which such licences and permits are to be granted and prescribing the fees payable in respect of the grant or renewal of such licences or permits;

(f)regulating the construction, condition, safety and control of vessels which may use the river and the equipment to be carried on such vessels;

(g)regulating the movement of vessels, and the use of lights, on the river;

(h)for the levying by the Department of charges in respect of the use of the river or any service or facility provided by the Department on the river or on land adjacent to the river;

(i)for the removal by the Department of vessels or objects from the river in such circumstances as may be specified in the byelaws, the storage and disposal by the Department of vessels or objects so removed and the recovery by the Department of the costs of removal, storage and disposal;

(j)regulating the conduct of persons on the river or on land adjacent to the river vested in the Department;

(k)prohibiting the erection of any structure in the river or on land mentioned in sub-paragraph (j) without the consent of the Department;

(l)prohibiting the carrying on of any commercial activity on the river or on any land mentioned in sub-paragraph (j) without the consent of the Department;

(m)for such other purposes as appear to the Department to be appropriate in furthering its object under this Order.

(2) Byelaws under this Article shall not apply in relation to—

(a)any part of the river within the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967; or

(b)any land adjacent to any such part of the river.

(3) The Department may authorise persons appointed or employed to enforce byelaws made under this Article to take any action necessary for that purpose.

(4) The powers of a person authorised under paragraph (3) include power—

(a)to board and inspect any vessel on the river; and

(b)to require any person suspected of contravening a byelaw to furnish his name and address to that authorised person.

(5) Any person who contravenes a byelaw made under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, and in the case of a continuing offence, a further fine not exceeding £2 per day for each day on which the offence continues after conviction.

(6) Section 94 of the Public Health Acts Amendment Act 1907 (licensing powers of district council in relation to pleasure vessels and persons in charge thereof) shall not apply in relation to any vessel using the river.]

Powers in relation to landN.I.

Acquisition of land by the CorporationN.I.

20.—(1) The[F27Department] may acquire by agreement or compulsorily—

(a)land in the designated area;

(b)land adjacent to the designated area which the [F28Department] requires for purposes connected with the discharge of the Corporation's functions in the designated area.

[F29(2) Where the Department desires to acquire land compulsorily it may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.]

(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972F30 shall, subject to the modifications specified in Schedule 3, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4) The power to make a vesting order in respect of any land by virtue of this Article includes power to create and vest in the [F31Department] new rights over the land as well as to vest existing rights.

(5) The Planning Blight (Compensation) (Northern Ireland) Order 1981F32 shall apply to land which the [F33Department] has resolved to acquire under this Article as it applies to land specified in Article 3(1) of that Order.

[F34(6) The Department may make an order extinguishing or modifying any public right of way over land acquired by it under this Article; and Articles 103 and 104 of the Planning (Northern Ireland) Order 1991(“the 1991 Order”) shall apply to an order under this paragraph as they apply to an order made by the Department under Article 102 of the 1991 Order.]

Power to enter landN.I.

21.—(1) Subject to this Article, a person authorised in writing by the [F35Department] may, on production if required of his authority, at any reasonable time enter any land for the purpose of—

(a)surveying or examining the land in order to ascertain the suitability of the land for the execution of works or whether it ought to be acquired by the [F36Department] under Article 20;

(b)executing any works authorised or required by this Order to be executed by the [F37Department] ;

(c)inspecting, repairing, altering, renewing or removing any works executed under this Order in or on the land;

(d)ascertaining whether or not circumstances exist which would authorise the [F38Department] to take any action or execute any works under this Order; or

(e)taking any other action authorised or required by this Order to be taken by the [F39Department] .

(2) No person shall be entitled to exercise the power of entry conferred by paragraph (1) in relation to any land unless the [F40Department] has given—

(a)where entry is required solely for the purpose of examination, at least 24 hours' notice of the intended entry to the occupier of the land; or

(b)where entry is sought for any other purpose, at least 6 days' notice of the intended entry to the occupier and to the owner if the owner is known,

or, in either case, such lesser period of notice as may be agreed between the [F40Department] and the occupier or owner.

(3) Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with that purpose.

(4) If it is shown to the satisfaction of a justice of the peace on a sworn complaint in writing—

(a)that admission to the land which any person is entitled to enter by virtue of this Article, has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency; and

(b)that there are reasonable grounds for entry to the land for any purpose for which entry is required,

the justice may by warrant under his hand authorise that person to enter on the land if need be by force.

(5) Every warrant granted under this Article shall continue in force until the purpose for which entry is necessary has been satisfied.

(6) Any person entering any land by virtue of the power of entry conferred by this Article or by virtue of a warrant issued under this Article—

(a)may take with him such other persons and such equipment as may be necessary; and

(b)on leaving any unoccupied land which he has entered by virtue of such a power of entry or such a warrant shall leave it as effectually secured against trespassers as he found it.

(7) A person who intentionally obstructs any person who enters, or is attempting to enter, land by virtue of the power of entry conferred by this Article or by virtue of a warrant issued under this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Where works have been carried out on land in pursuance of this Article, the [F41Department] shall reinstate the land as soon as possible.

(9) Where—

(a)in the exercise of the power conferred by this Article or in executing any warrant under paragraph (4), any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the [F42Department] ;

(b)in consequence of the exercise of any such power or the executing of any such warrant, any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the [F43Department] .

(10) Any question of disputed compensation under this Article shall be referred to and determined by the Lands Tribunal.

(11) Any power conferred by this Article to survey land shall be construed as including power to ascertain or fix boundaries or to search and bore for the purposes of ascertaining the course of any sewers or drains or of ascertaining the nature of the subsoil and to take and carry away, for the purpose of examination, specimens of the subsoil.

Information as to ownership of landN.I.

22.—(1) The [F44Department] may, for the purpose of enabling it to carry out any of its functions under this Order, by notice in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise.

(2) Any person required to give information in pursuance of this Article who without reasonable excuse fails to give, or knowingly mis‐states, that information shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Disposal of land by CorporationN.I.

23.—(1) The [F45Department] may dispose of any land acquired by it or vested in it to such persons, in such manner and subject to such covenants or conditions as it considers expedient for securing the regeneration of the designated area or for purposes connected with the regeneration of that area.

(2) The [F46Department] shall dispose of any land acquired by it so as to secure (so far as practicable) that persons who were living or carrying on business or other activities on that land shall, if they desire to obtain accommodation on land belonging to the [F46Department] and are willing to comply with any requirements of the [F46Department] as to its development and use, have an opportunity to obtain on it accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

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