The Planning (Northern Ireland) Order 1991

Consent to execute works without compliance with conditions previously attached N.I.

5.—(1) This paragraph applies to applications for listed building consent for the execution of works to a building without complying with conditions subject to which a previous listed building consent was granted.

(2) Regulations may make special provision with respect to—

(a) the form and content of such applications; and

(b) the procedure to be followed in connection with such applications.

(3) On such an application the Department shall consider only the question of the conditions subject to which listed building consent should be granted, and—

(a) if it decides that listed building consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, the Department shall grant listed building consent accordingly; and

(b) if it decides that listed building consent should be granted subject to the same conditions as those subject to which the previous consent was granted, the Department shall refuse the application.

(4) This paragraph does not apply where the application is made after the previous listed building consent has become time-expired, that is to say, the previous consent having been granted subject to a condition as to the time within which the works to which it related were to be begun, that time has expired without the works having been begun.