Planning Act (Northern Ireland) 2011

Report of assessment

210.—(1) On completion of an assessment conducted by the Department under section 207 or 208, the Department must—

(a) prepare a report, and

(b) issue it to the council.

(2) On completion of an assessment conducted by an appointed person under section 207 or 208 that person must—

(a) prepare a report,

(b) submit it to the Department, and

(c) issue it to the council.

(3) A report prepared under subsection (1) or (2) is in this section referred to as an “assessment report”.

(4) The assessment report may—

(a) in the case of an assessment carried out under section 207, recommend improvements which the council should make as to how it carries out its functions under this Act, and

(b) in the case of an assessment carried out under section 208, recommend improvements which the council should make as to how it deals with applications for planning permission.

(5) A council receiving an assessment report must, within the 3 months which immediately follow such receipt or within such longer period as may be agreed between the council and the Department, prepare and submit to the Department a report (in this section referred to as a “response report”) as to—

(a) the extent to which, the manner in which and the period within which it proposes to implement the recommendations of the assessment report, or

(b) in so far as it declines to implement those recommendations, the council’s reasons for so declining.

(6) Any person who—

(a) issues an assessment report to a council, or

(b) submits a response report to the Department,

must publish it.

(7) If—

(a) the council declines to implement recommendations of the assessment report, or

(b) it appears to the Department that the council is not timeously carrying out such implementation as the council proposed in the response report,

the Department may issue a direction to the council requiring it to take such action as is specified in the direction.

(8) The Department must publish—

(a) any direction issued under subsection (7), and

(b) any variation or revocation of such a direction.

(9) In this section, “publish” includes, without prejudice to that expression’s generality, publish by electronic means.