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Planning Act (Northern Ireland) 2011

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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.

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