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Planning Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Exclusion of certain descriptions of land or development

This section has no associated Explanatory Notes

38.—(1) The following descriptions of land may not be included in a simplified planning zone—

(a)land in a conservation area;

(b)land in an area which is—

(i)designated as a National Park under Article 12 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1);

(ii)designated as an area of outstanding natural beauty under Article 14 of that Order;

(iii)declared to be an area of special scientific interest under Article 28 of the Environment (Northern Ireland) Order 2002 (NI 7);

(c)land declared to be a national nature reserve under Article 18 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(d)land of such other description as may be prescribed.

(2) Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

(3) The Department may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a)in relation to an area of land specified in the order or to areas of land of a description so specified; or

(b)for development of a description specified in the order.

(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun before that date; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.

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