Development schemesN.I.
Development schemesN.I.
85 .F1 Where the Department considers it expedient that any area should be developed, redeveloped or improved as a whole the Department may, after consultation with the appropriate district council, prepare a development scheme defining, by reference to a map, the area of the scheme and indicating in general terms the manner in which it is intended that the area should be laid out and the land therein used.
F1functions transferred SR 1999/481
[F2Power of Department to survey land for purposes of this PartN.I.
85A The Department may undertake, or cause to be undertaken, such surveys or studies as it may consider necessary for the purposes of this Part, including surveys or studies relating to any of the following matters—
(a)the physical and economic characteristics of any area, including the purposes for which land is used;
(b)the size, composition and distribution of the population of an area;
(c)the communications, transport system and traffic of an area;
(d)any changes in relation to the foregoing matters and the effect which the changes are likely to have on the development of Northern Ireland or any part thereof or the planning of that development.]
F2Art. 85A inserted (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. 56 (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)
Adoption of development schemesN.I.
86 .F3—(1) The Department shall not adopt a development scheme under paragraph (2) or (3) until it has published in two successive weeks in one or more newspapers circulating in the locality to which the scheme relates a notice—
(a)describing the area to which the scheme relates and referring to the preparation of the scheme;
(b)specifying the place at which copies of the scheme may be inspected at reasonable times;
(c)stating the time (not being less than 28 days from the last of the publications of the notice) during which objections to the scheme may be sent to the Department.
(2) If—
(a)no objections are made to a development scheme; or
(b)all objections to a development scheme are withdrawn;
the Department may by order adopt the scheme with or without amendment.
(3) If objections made to a development scheme are not withdrawn the Department shall, unless it considers them to be solely of a frivolous or vexatious nature,—
(a)cause a public local inquiry to be held by the planning appeals commission; and
(b)consider any objections not withdrawn and the report of that commission;
and may thereafter by order adopt the scheme with or without amendments.
(4) The Department may at any time prepare proposals for amending an adopted development scheme in so far as it relates to the manner in which the area of the development scheme is to be laid out and the land therein used.
(5) The Department may by order adopt any proposals prepared under paragraph (4) with or without amendment and may amend the development scheme accordingly.
[F4(6) A development scheme adopted or amended under this Article must be[F5 in general conformity with] the regional development strategy.]