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The Planning (Northern Ireland) Order 1991

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Changes over time for: PART VII

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Version Superseded: 10/06/2006

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Point in time view as at 01/01/2006.

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The Planning (Northern Ireland) Order 1991, PART VII is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART VIIN.I.DEVELOPMENT SCHEMES AND ACQUISITION OF LAND

Development schemesN.I.

Development schemesN.I.

85 .F1  Where the Department considers it expedient that any area should be developed, redeveloped or improved as a whole the Department may, after consultation with the appropriate district council, prepare a development scheme defining, by reference to a map, the area of the scheme and indicating in general terms the manner in which it is intended that the area should be laid out and the land therein used.

F1functions transferred SR 1999/481

Adoption of development schemesN.I.

86 .F2—(1) The Department shall not adopt a development scheme under paragraph (2) or (3) until it has published in two successive weeks in one or more newspapers circulating in the locality to which the scheme relates a notice—

(a)describing the area to which the scheme relates and referring to the preparation of the scheme;

(b)specifying the place at which copies of the scheme may be inspected at reasonable times;

(c)stating the time (not being less than 28 days from the last of the publications of the notice) during which objections to the scheme may be sent to the Department.

(2) If—

(a)no objections are made to a development scheme; or

(b)all objections to a development scheme are withdrawn;

the Department may by order adopt the scheme with or without amendment.

(3) If objections made to a development scheme are not withdrawn the Department shall, unless it considers them to be solely of a frivolous or vexatious nature,—

(a)cause a public local inquiry to be held by the planning appeals commission; and

(b)consider any objections not withdrawn and the report of that commission;

and may thereafter by order adopt the scheme with or without amendments.

(4) The Department may at any time prepare proposals for amending an adopted development scheme in so far as it relates to the manner in which the area of the development scheme is to be laid out and the land therein used.

(5) The Department may by order adopt any proposals prepared under paragraph (4) with or without amendment and may amend the development scheme accordingly.

[F3(6) A development scheme adopted or amended under this Article must be[F4 in general conformity with] the regional development strategy.]

F2functions transferred SR 1999/481

Acquisition of land, etc.N.I.

Acquisition of land for planning purposesN.I.

87 .F5—(1) The Department may, by agreement or compulsorily, acquire any land where it is satisfied—

(a)that the land is required in connection with a development scheme; or

(b)that it is expedient in the public interest that the land should be held together with land so required; or

(c)that the land is required for development or redevelopment, or both, as a whole for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the redevelopment or improvement of another area as a whole; or

(d)that it is expedient to acquire the land for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(2) Where the Department in exercise of the power conferred on it by paragraph (1) desires to acquire any land otherwise than by agreement, the Department may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.

(3) Schedule 6 to the [1972 c.9 (N.I.)] Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 2, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4) The power to make a vesting order in respect of land—

(a)which is the property of a public body which has power under any transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable,

shall not, where representations objecting to the proposal to make the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal to make the vesting order has been approved by a resolution of the Assembly.

(5) Before acquiring any land under paragraph (1) the Department shall consult with the district council in whose area the land is situated.

(6) Proceedings under this Article for the acquisition of land in connection with a development scheme may be taken concurrently (so far as practicable) with proceedings required by Article 86 to be taken for the purpose of the making of an order in relation to that development scheme, so, however, that a vesting order vesting any such land in the Department shall not be made until the order adopting the development scheme has been made.

(7) The Department may appropriate land for the purposes set out in paragraph (1).

(8) Where (whether before or after the coming into operation of this Article) the Department acquires a lesser estate than a fee simple in any land under Article 98, the Department may purchase such estates in the land as it considers appropriate or may make a vesting order in respect of the land under this Article.

(9) In this Part any reference to the acquisition or appropriation of land for planning purposes is a reference to its acquisition or appropriation under this Article.

F5functions transferred SR 1999/481

Compensation where unfit houses are acquired under this PartN.I.

88 .F6—(1) Where—

(a)land is acquired compulsorily or is proposed to be acquired compulsorily by the Department under this Part for the purposes of a development scheme or proposed development scheme; and

(b)that land comprises a house in respect of which, if the development scheme or proposed development scheme had been a redevelopment scheme under Chapter III of Part III [of the 1981 NI 3] Housing (Northern Ireland) Order 1981 in the opinion of the Department, compensation would be, or would have been, payable in accordance with Article 91 of that Order (compensation for certain land restricted to site value);

the Department may, subject to paragraph (2), make an order, in such form as may be prescribed, declaring the house to be a house to which that Article applies.

(2) Before making an order under this Article, the Department shall serve notice of its intention to make the order and stating the effect of the proposed order on the owner and occupier of the house affected and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service thereof) any person on whom the notice is served so desires, the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission.

(3) Where the Department makes an order under this Article it shall serve a notice on any person mentioned in paragraph (2) stating the general effect of the order.

F6functions transferred SR 1999/481

Appropriation of land held for planning purposesN.I.

89 .F7  Where any land acquired or appropriated by the Department for planning purposes is for the time being held by the Department for those purposes, the Department may appropriate the land for any purpose for which it is or may be authorised in any capacity to acquire land under any transferred provision.

F7functions transferred SR 1999/481

Disposal of land held for planning purposesN.I.

90 .F8—(1) Where any land acquired or appropriated by the Department for planning purposes is for the time being held by the Department for those purposes, the Department may dispose of the land to such person as may appear to it to be expedient in order to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out thereon, whether by itself or by any other person, or to secure the erection, construction or carrying out thereon of any buildings or works appearing to it to be needed for the proper planning of the area in which the land is situated.

(2) The Department shall dispose of any land under this Article so as to secure, so far as may be practicable, to persons who were living or carrying on business or other activities on any such land, who desire to obtain accommodation on such land and who are willing to comply with any requirements of the Department as to the development and use of such land, an opportunity to obtain thereon accommodation suitable to their reasonable requirements.

(3) Section 5 of the [1933 c. 6 (N.I.)] Stormont Regulation and Government Property Act (Northern Ireland) 1933 (which contains provisions with respect to the disposal of land by government departments) shall not apply to the disposal of any land under this Article.

F8functions transferred SR 1999/481

Development of land held for planning purposesN.I.

91 .F9—(1) The Department may erect, construct or carry out any building or work on any land to which this Article applies.

(2) The Department may enter into an agreement with any person for the development of any land to which this Article applies.

(3) The Department may repair, maintain and insure any buildings or works on land to which this Article applies, and generally deal therewith in a proper course of management.

(4) This Article applies to any land which has been acquired or appropriated by the Department for planning purposes and is for the time being held by it for those purposes.

F9functions transferred SR 1999/481

[F10Powers of Department before the acquisition of land for planning purposesN.I.

91A(1) Where the Department proposes to acquire land compulsorily for planning purposes it may, at any time after the date of the publication of the notice mentioned in paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland) Act 1972 (as applied by Article 87(3))) in relation to that land—

(a)enter into an agreement with any person for securing the disposal of the land (in accordance with Article 90) after that land has been acquired for planning purposes;

(b)exercise the power under paragraph (2) of Article 91 in relation to the land as if the land were land to which that Article applies.]

Recovery of possession of premises let by DepartmentN.I.

92 .F11  On the termination of any tenancy of any premises let by the Department under Article 90 possession of the premises may (without prejudice to any other method of recovery) be recovered by the Department in a summary manner under Articles 67 to 74 of the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981 whatever may be the rent or term of the tenancy.

F11functions transferred SR 1999/481

Supplementary provisionsN.I.

93 .F12  Where the Department proposes to acquire land for planning purposes by means of a vesting order, the Department may disregard any objection to the proposed order which, in the opinion of the Department, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.

F12functions transferred SR 1999/481

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