Search Legislation

Advanced Search

Planning Act (Northern Ireland) 2011

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND

    1. 1.General functions of Department with respect to development of land

    2. 2.Preparation of statement of community involvement by Department

  3. PART 2 LOCAL DEVELOPMENT PLANS

    1. General

      1. 3.Survey of district

      2. 4.Statement of community involvement

      3. 5.Sustainable development

    2. Local development plans

      1. 6.Local development plan

      2. 7.Preparation of timetable

      3. 8.Plan strategy

      4. 9.Local policies plan

      5. 10.Independent examination

      6. 11.Withdrawal of development plan documents

      7. 12.Adoption

      8. 13.Review of local development plan

      9. 14.Revision of plan strategy or local policies plan

      10. 15.Intervention by Department

      11. 16.Department's default powers

      12. 17.Joint plans

      13. 18.Power of Department to direct councils to prepare joint plans

      14. 19.Exclusion of certain representations

      15. 20.Guidance

      16. 21.Annual monitoring report

      17. 22.Regulations

  4. PART 3 PLANNING CONTROL

    1. “Development” and requirement of planning permission

      1. 23.Meaning of “development”

      2. 24.Development requiring planning permission

    2. Development management

      1. 25.Hierarchy of developments

      2. 26.Department’s jurisdiction in relation to developments of regional significance

      3. 27.Pre-application community consultation

      4. 28.Pre-application community consultation report

      5. 29.Call in of applications, etc., to Department

      6. 30.Pre-determination hearings

      7. 31.Local developments: schemes of delegation

    3. Development orders

      1. 32.Development orders

    4. Simplified planning zone schemes

      1. 33.Simplified planning zones

      2. 34.Making and alteration of simplified planning zone schemes

      3. 35.Simplified planning zone schemes: conditions and limitations on planning permission

      4. 36.Duration of simplified planning zone scheme

      5. 37.Alteration of simplified planning zone scheme

      6. 38.Exclusion of certain descriptions of land or development

    5. Grant of planning permission in enterprise zones

      1. 39.Grant of planning permission in enterprise zones

    6. Planning applications

      1. 40.Form and content of applications

      2. 41.Notice, etc., of applications for planning permission

      3. 42.Notification of applications to certain persons

      4. 43.Notice requiring planning application to be made

      5. 44.Appeal against notice under section 43

    7. Determination of planning applications

      1. 45.Determination of planning applications

      2. 46.Power of council to decline to determine subsequent application

      3. 47.Power of Department to decline to determine subsequent application

      4. 48.Power of council to decline to determine overlapping application

      5. 49.Power of Department to decline to determine overlapping application

      6. 50.Duty to decline to determine application where section 27 not complied with

      7. 51.Assessment of environmental effects

      8. 52.Conditional grant of planning permission

      9. 53.Power to impose aftercare conditions on grant of mineral planning permission

      10. 54.Permission to develop land without compliance with conditions previously attached

      11. 55.Planning permission for development already carried out

      12. 56.Directions etc. as to method of dealing with applications

      13. 57.Effect of planning permission

    8. Appeals

      1. 58.Appeals

      2. 59.Matters which may be raised in an appeal under section 58

      3. 60.Appeal against failure to take planning decision

    9. Duration of planning permission

      1. 61.Duration of planning permission

      2. 62.Duration of outline planning permission

      3. 63.Provisions supplementary to sections 61 and 62

      4. 64.Termination of planning permission by reference to time limit

      5. 65.Effect of completion notice

      6. 66.Power of Department to serve completion notices

      7. 67.Power to make non-material changes to planning permission

      8. 68.Revocation or modification of planning permission by council

      9. 69.Aftercare conditions imposed on revocation or modification of mineral planning permission

      10. 70.Procedure for section 68 orders: opposed cases

      11. 71.Procedure for section 68 orders: unopposed cases

      12. 72.Revocation or modification of planning permission by the Department

      13. 73.Orders requiring discontinuance of use or alteration or removal of buildings or works

      14. 74.Confirmation by Department of section 73 orders

      15. 75.Power of Department to make section 73 orders

      16. 76.Planning agreements

      17. 77.Modification and discharge of planning agreements

      18. 78.Appeals

    10. Land belonging to councils and development by councils

      1. 79.Land belonging to councils and development by councils

  5. PART 4 ADDITIONAL PLANNING CONTROL

    1. CHAPTER 1 LISTED BUILDINGS AND CONSERVATION AREAS

      1. Listed buildings

        1. 80.Lists of buildings of special architectural or historic interest

        2. 81.Temporary listing: building preservation notices

        3. 82.Temporary listing in urgent cases

        4. 83.Lapse of building preservation notices

        5. 84.Issue of certificate that building is not intended to be listed

        6. 85.Control of works for demolition, alteration or extension of listed buildings

        7. 86.Applications for listed building consent

        8. 87.Notification of applications for listed building consent to certain persons

        9. 88.Call in of certain applications for listed building consent to Department

        10. 89.Duty to notify Department of applications for listed building consent

        11. 90.Directions concerning notification of applications, etc.

        12. 91.Decision on application for listed building consent

      2. Power to decline to determine application for listed building consent

        1. 92.Power to decline to determine subsequent application for listed building consent

        2. 93.Power to decline to determine overlapping application for listed building consent

        3. 94.Duration of listed building consent

        4. 95.Consent to execute works without compliance with conditions previously attached

        5. 96.Appeal against decision

        6. 97.Appeal against failure to take decision

        7. 98.Revocation or modification of listed building consent by council

        8. 99.Procedure for section 98 orders: opposed cases

        9. 100.Procedure for section 98 orders: unopposed cases

        10. 101.Revocation or modification of listed building consent by the Department

        11. 102.Applications to determine whether listed building consent required

        12. 103.Acts causing or likely to result in damage to listed buildings

      3. Areas of special architectural or historic interest

        1. 104.Conservation areas

        2. 105.Control of demolition in conservation areas

        3. 106.Grants in relation to conservation areas

      4. Land and works of councils

        1. 107.Application of Chapter 1, etc., to land and works of councils

    2. CHAPTER 2 HAZARDOUS SUBSTANCES

      1. 108.Requirement of hazardous substances consent

      2. 109.Applications for hazardous substances consent

      3. 110.Determination of applications for hazardous substances consent

      4. 111.Grant of hazardous substances consent without compliance with conditions previously attached

      5. 112.Revocation or modification of hazardous substances consent

      6. 113.Confirmation by Department of section 112 orders

      7. 114.Call in of certain applications for hazardous substances consent to Department

      8. 115.Appeals

      9. 116.Effect of hazardous substances consent and change of control of land

      10. 117.Offences

      11. 118.Emergencies

      12. 119.Health and safety requirements

      13. 120.Applications by councils for hazardous substances consent

    3. CHAPTER 3 TREES

      1. 121.Planning permission to include appropriate provision for trees

      2. 122.Tree preservation orders: councils

      3. 123.Provisional tree preservation orders

      4. 124.Power for Department to make tree preservation orders

      5. 125.Replacement of trees

      6. 126.Penalties for contravention of tree preservation orders

      7. 127.Preservation of trees in conservation areas

      8. 128.Power to disapply section 127

    4. CHAPTER 4 REVIEW OF MINERAL PLANNING PERMISSIONS

      1. 129.Review of mineral planning permissions

    5. CHAPTER 5 ADVERTISEMENTS

      1. 130.Control of advertisements

  6. PART 5 ENFORCEMENT

    1. Introductory

      1. 131.Expressions used in connection with enforcement

      2. 132.Time limits

    2. Planning contravention notices

      1. 133.Power to require information about activities on land

      2. 134.Penalties for non-compliance with planning contravention notice

    3. Temporary stop notices

      1. 135.Temporary stop notice

      2. 136.Temporary stop notice: restrictions

      3. 137.Temporary stop notice: offences

    4. Enforcement notices

      1. 138.Issue of enforcement notice by councils

      2. 139.Issue of enforcement notice by Department

      3. 140.Contents and effect of enforcement notice

      4. 141.Variation and withdrawal of enforcement notices by councils

      5. 142.Variation and withdrawal of enforcement notices by Department

      6. 143.Appeal against enforcement notice

      7. 144.Appeal against enforcement notice - general supplementary provisions

      8. 145.Appeal against enforcement notice - supplementary provisions relating to planning permission

      9. 146.Execution and cost of works required by enforcement notice

      10. 147.Offence where enforcement notice not complied with

      11. 148.Effect of planning permission, etc., on enforcement or breach of condition notice

      12. 149.Enforcement notice to have effect against subsequent development

      13. 150.Service of stop notices by councils

      14. 151.Service of stop notices by Department

    5. Breach of condition notices

      1. 152.Enforcement of conditions

    6. Fixed penalties

      1. 153.Fixed penalty notice where enforcement notice not complied with

      2. 154.Fixed penalty notice where breach of condition notice not complied with

      3. 155.Use of fixed penalty receipts

    7. Injunctions

      1. 156.Injunctions

    8. Listed buildings

      1. 157.Issue of listed building enforcement notices by councils

      2. 158.Issue of listed buildings enforcement notices by Department

      3. 159.Appeal against listed building enforcement notice

      4. 160.Effect of listed building consent on listed building enforcement notice

      5. 161.Urgent works to preserve building

    9. Hazardous substances

      1. 162.Hazardous substances contravention notice

      2. 163.Variation of hazardous substances contravention notices

    10. Trees

      1. 164.Enforcement of duties as to replacement of trees

      2. 165.Appeals against section 164 notices

      3. 166.Execution and cost of works required by section 164 notice

      4. 167.Enforcement of controls as respects trees in conservation areas

    11. Discontinuance orders

      1. 168.Enforcement of orders under section 73

    12. Certificate of lawful use or development

      1. 169.Certificate of lawfulness of existing use or development

      2. 170.Certificate of lawfulness of proposed use or development

      3. 171.Certificates under sections 169 and 170: supplementary provisions

      4. 172.Offences

      5. 173.Appeals against refusal or failure to give decision on application

      6. 174.Further provisions as to appeals under section 173

    13. Advertisements

      1. 175.Enforcement of advertisement control

    14. Rights of entry for enforcement purposes

      1. 176.Rights to enter without warrant

      2. 177.Right to enter under warrant

      3. 178.Rights of entry: supplementary provisions

  7. PART 6 COMPENSATION

    1. 179.Compensation where planning permission is revoked or modified

    2. 180.Modification of the Act of 1965 in relation to minerals

    3. 181.Compensation where listed building consent revoked or modified

    4. 182.Compensation in respect of orders under section 73, 75 or 112

    5. 183.Compensation in respect of tree preservation orders

    6. 184.Compensation where hazardous substances consent modified or revoked under section 116

    7. 185.Compensation for loss due to stop notice

    8. 186.Compensation for loss or damage caused by service of building preservation notice

    9. 187.Compensation for loss due to temporary stop notice

    10. 188.Compensation where planning permission assumed for other development

    11. 189.Compensation: failure of consultee to respond under section 229

    12. 190.Interpretation of Part 6

  8. PART 7 PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS

    1. 191.Service of purchase notice

    2. 192.Purchase notices: Crown land

    3. 193.Action by council following service of purchase notice

    4. 194.Further ground of objection to purchase notice

    5. 195.Reference of counter-notices to Lands Tribunal

    6. 196.Effect of valid purchase notice

    7. 197.Special provision as to compensation under this Part

  9. PART 8 FURTHER PROVISIONS AS TO HISTORIC BUILDINGS

    1. 198.Historic Buildings Council

    2. 199.Grants and loans for preservation or acquisition of listed buildings

    3. 200.Acquisition of listed buildings by agreement

    4. 201.Acceptance by Department of endowments in respect of listed buildings

    5. 202.Compulsory acquisition of listed buildings

  10. PART 9 THE PLANNING APPEALS COMMISSION

    1. 203.The Planning Appeals Commission

    2. 204.Procedure of appeals commission

    3. 205.Power to award costs

    4. 206.Orders as to costs: supplementary

  11. PART 10 ASSESSMENT OF COUNCIL’S PERFORMANCE OR DECISION MAKING

    1. 207.Assessment of council’s performance

    2. 208.Assessment of council’s decision making

    3. 209.Further provision as respects assessment of performance or decision making

    4. 210.Report of assessment

  12. PART 11 APPLICATION OF ACT TO CROWN LAND

    1. Crown land

      1. 211.Application to the Crown

      2. 212.Interpretation of Part 11

    2. Application of Act as respects Crown land

      1. 213.Urgent Crown development

      2. 214.Urgent works relating to listed buildings on Crown land

      3. 215.Enforcement in relation to the Crown

      4. 216.References to an estate in land

      5. 217.Applications for planning permission, etc. by Crown

      6. 218.Service of notices on the Crown

  13. PART 12 CORRECTION OF ERRORS

    1. 219.Correction of errors in decision documents

    2. 220.Correction notice

    3. 221.Effect of correction

    4. 222.Supplementary

  14. PART 13 FINANCIAL PROVISIONS

    1. 223.Fees and charges

    2. 224.Grants for research and bursaries

    3. 225.Grants to bodies providing assistance in relation to certain planning policy or development proposals

    4. 226.Contributions by councils and statutory undertakers

    5. 227.Contributions by departments towards compensation paid by councils

  15. PART 14 MISCELLANEOUS AND GENERAL PROVISIONS

    1. Review of Act

      1. 228.Review of Act

    2. Duty to respond to consultation

      1. 229.Duty to respond to consultation

    3. Application of Act in special cases

      1. 230.Minerals

    4. Inquiries

      1. 231.Local inquiries

      2. 232.Inquiries to be held in public subject to certain exceptions

      3. 233.Directions: Secretary of State

      4. 234.Directions: Department of Justice

      5. 235.National security

    5. Rights of entry

      1. 236.Rights of entry

      2. 237.Supplementary provisions as to powers of entry

      3. 238.Supplementary provisions as to powers of entry: Crown land

    6. Miscellaneous and general provisions

      1. 239.Service of notices and documents

      2. 240.Information as to estates in land

      3. 241.Information as to estates in Crown land

      4. 242.Planning register

      5. 243.Power to appoint advisory bodies or committees

      6. 244.Time limit for certain summary offences under this Act

      7. 245.Registration of matters in Statutory Charges Register

      8. 246.Directions

      9. 247.Regulations and orders

    7. Amendment of the Planning (Northern Ireland) Order 1991

      1. 248.Amendment of certain time periods in relation to enforcement

      2. 249.Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991

  16. PART 15 SUPPLEMENTARY

    1. 250.Interpretation

    2. 251.Further provision

    3. 252.Minor and consequential amendments

    4. 253.Repeals

    5. 254.Commencement

    6. 255.Short title

  17. Schedules:

    1. Schedule 1

      Simplified planning zones

    2. Schedule 2

      Review of old mineral planning permission

    3. Schedule 3

      Periodic review of mineral planning permissions

    4. Schedule 4

      Amendments to the Land Development Values (Compensation) Act (Northern Ireland)

    5. Schedule 5

      The Historic Buildings Council

    6. Schedule 6

      Minor and consequential amendments

    7. Schedule 7

      Repeals

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources