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Pollution Control and Local Government (Northern Ireland) Order 1978

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Prior consent for work on construction sitesN.I.

41.—(1) A person who intends to carry out works to which Article 40 applies may apply to the district council for a consent under this Article.

(2) Where approval under the Building Regulations (Northern Ireland) Order 1972 [1972 NI 19] F1 is required for the carrying out of the works, the application under this Article must be made at the same time as, or later than, the request for the approval under building regulations.

(3) An application under this Article shall contain particulars of—

(a)the works, and the method by which they are to be carried out; and

(b)the steps proposed to be taken to minimise noise resulting from the works.

(4) If the district council considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, it would not serve a notice under Article 40 in respect of those works, the district council shall give its consent to the application.

(5) In acting under this Article a district council shall have regard to the considerations set out in Article 40(4) and may—

(a)attach any conditions to a consent; and

(b)limit or qualify a consent to allow for any change in circumstances; and

(c)limit the duration of a consent,

and any person who knowingly carries out the works, or permits the works to be carried out, in contravention of any conditions attached to a consent under this Article shall be guilty of an offence against this Part.

(6) The district council shall give notice of its decision to the applicant and if the council gives its consent to the application it may if it thinks fit publish notice of the consent, and of the works to which it relates in such way as appears to the council to be appropriate.

(7) If within the period of twenty-eight days from receipt of the application, or within such longer period as the council and the applicant may at any time agree in writing, the district council—

(a)has not given notice to the applicant of its decision on the application; or

(b)refuses its consent; or

(c)gives its consent but attaches any condition to the consent or limits or qualifies the consent in any way,

the applicant may appeal to a court of summary jurisdiction within twenty-one days from the end of that period.

(8) In any proceedings for an offence under Article 40(8) it shall be a defence to prove that the alleged contravention amounted to the carrying out of the works in accordance with a consent given under this Article.

(9) A consent given under this Article shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under [F2section 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ] .

(10) Where a consent has been given under this Article and the works are carried out by a person other than the applicant for the consent, the applicant shall take all reasonable steps to bring the consent to the notice of that other person; and if he fails to comply with this paragraph he shall be guilty of an offence against this Part.

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