Search Legislation

The Planning(Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 45(6).

SCHEDULE 1LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS

Form and content of applications

1.—(1) Any application to the Department for listed building consent—

(a)shall be made in such manner as may be prescribed; and

(b)shall include such particulars, and be verified by such evidence, as may be required by the regulations or by any directions given by the Department thereunder.

(2) Provision shall be made by regulations for regulating the manner in which applications for listed building consent are to be dealt with by the Department and in particular—

(a)for requiring the Department before granting or refusing listed building consent to consult with the district council for the area in which the building is situated and with such authorities or persons as may be prescribed;

(b)for requiring the Department to give to any applicant for listed building consent within such time as may be prescribed such notice as may be prescribed as to the manner in which his application has been dealt with.

(3) Sub-paragraphs (1) and (2)(b) shall apply to applications to the Department for any approval of the Department required by a condition imposed on a grant of listed building consent as they apply to applications for listed building consent.

Publication of notices of applications

2.  Where an application for listed building consent is made to the Department, it—

(a)shall publish notice of the application in at least one newspaper circulating in the locality in which the building to which the application relates is situated; and

(b)shall not determine the application before the expiration of 14 days from the date on which notice of the application is first published in a newspaper in pursuance of sub-paragraph (a).

Notification of applications to certain persons

3.—(1) Article 22 shall, with appropriate modifications, apply to applications for listed building consent in relation to any building as it applies to applications for planning permission in relation to any land.

(2) In the application of Article 22(7) by virtue of sub-paragraph (1) for the words “specified in a development order” and “form so specified” there shall be substituted the words “prescribed” and “prescribed form”.

(3) References in the following provisions of this Schedule to Article 22 are to that Article as it applies by virtue of this paragraph.

Determination of application

4.—(1) In determining any application for listed building consent, the Department shall take into account any representations relating to that application which are received by it before the expiration of the period of 14 days from the date on which notice of the application is first published in a newspaper.

(2) Where an application for listed building consent is accompanied by such a certificate as is mentioned in Article 22(1)(c) or (d), the Department—

(a)in determining the application, shall take into account any representations relating thereto which are made to it by any person who satisfies it that, in relation to the building to which the application relates, he is such a person as is described in Article 22(1)(c); and

(b)shall give notice of its decision on the application to every person who made representations which it was required to take into account under head (a).

Consent to execute works without compliance with conditions previously attached

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.

Effect of listed building consent

6.  Without prejudice to Articles 46 and 47, any grant of listed building consent shall (except in so far as the consent otherwise provides) enure for the benefit of the building and of all persons for the time being having an estate therein.

Appeals

7.—(1) Where an application is made to the Department—

(a)for listed building consent; or

(b)for any approval of the Department required by a condition imposed on a grant of listed building consent,

then if that consent or approval is refused or is granted subject to conditions, the applicant may by notice in writing under this paragraph appeal to the planning appeals commission.

(2) Any notice under this paragraph shall be served on the planning appeals commission within six months from the date of notification of the decision to which it relates or such longer period as the commission may allow.

(3) Where an appeal is brought under this paragraph from a decision of the Department, the planning appeals commission, subject to sub-paragraphs (4) and (5), may allow or dismiss the appeal or may reverse or vary any part of the decision whether the appeal relates to that part thereof or not and may deal with the application as if it had been made to it in the first instance.

(4) Before determining an appeal under this Article, the planning appeals commission shall if either the applicant or the Department so desires, afford to each of them an opportunity of appearing before and being heard by the commission.

(5) Subject to sub-paragraph (4), paragraphs 2 to 5 shall apply, with any necessary modifications, in relation to an appeal to the planning appeals commission under this paragraph as they apply to an application for listed building consent.

Appeal in default of planning decision

8.  Where any such application as is mentioned in paragraph 7(1) is made to the Department, then unless within such period as may be prescribed, or within such extended period as may be agreed upon in writing between the applicant and the Department, the Department gives notice to the applicant of its decision on the application, paragraph 7 shall apply in relation to the application—

(a)as if the consent or approval to which it relates had been refused by the Department; and

(b)as if notification of the Department’s decision had been received by the applicant at the end of the said prescribed period, or at the end of the said extended period, as the case may be.

Article 87(3).

SCHEDULE 2MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 87(3)

1.  References to the Ministry or to the council shall be construed as references to the Department within the meaning of this Order.

2.  References to Schedule 6 to the [1972 c. 9 (N.I.)] Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule.

3.  Omit paragraph 1 of that Schedule.

4.  In paragraph 2 of that Schedule—

(a)for the words “Notice of the application” substitute the words “Notice of the Department’s intention to acquire the land compulsorily”;

(b)omit the words “in such form and manner as the Ministry directs”;

(c)in sub-paragraph (c) for the words “as may be prescribed” substitute the words “as the Department considers fit”.

5.  In paragraph 3(1)(b) after the word “held” insert the words “by the planning appeals commission or by any other person”.

6.  In paragraph 4 omit the words from “and may provide” onwards.

7.  In paragraph 5—

(a)in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order;

(c)in sub-paragraph (1)(d) omit the words “in the prescribed form”;

(d)in sub-paragraph (2) for the words “as may be prescribed” substitute the words “as the Department considers fit”.

8.  in paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute the words “Consolidated Fund” and for the words “out of the compensation fund” substitute the words “made by the Department”.

9.  In paragraph 11(3) omit the words “in the prescribed form”.

10.  In paragraph 12—

(a)in sub-paragraph (1) omit the words “such” and “as may be prescribed”;

(b)in sub-paragraph (2) for the words from “clerk” to “directs” substitute the words “Department as correct, and publish”.

11.  In paragraph 14(1) omit the words “in the prescribed form”.

12.  In paragraph 15(1) for the words “in the prescribed form” substitute the words “in such form as may be approved by the Department”.

13.  Omit paragraph 19.

14.  Omit paragraph 20(2).

Article 105(3).

SCHEDULE 3THE HISTORIC BUILDINGS COUNCIL

1.  The Council shall consist of a Chairman appointed by the Head of the Department and such number of other members so appointed as the Head of the Department may determine.

2.  A member of the Council shall hold office for a maximum period of three years but shall be eligible for re-appointment.

3.  The Department may pay to the Chairman and members of the Council allowances for travelling and other out-of-pocket expenses incurred in connection with the business of the Council at such rates as the Department, with the approval of the Department of Finance and Personnel, may determine.

4.—(1) The Council shall, subject to sub-paragraph (4), appoint such committees as the Department may determine.

(2) A committee appointed under this paragraph may include persons who are not members of the Council.

(3) Every member of a committee appointed under this paragraph, who, at the time of his appointment, was a member of the Council shall, if he ceases to be a member of the Council, also cease to be a member of the committee.

(4) The Department may, by regulations or direction, make provision with respect to the appointment, constitution or functions of committees appointed under this paragraph.

5.  The Council may regulate its own quorum and procedure and that of its committees which shall be subject to the approval of the Department.

6.  The Council shall, at such times and in respect of such periods as the Department may direct, prepare and submit to the Department a report on its activities and the Department shall lay a copy of every such report before the Assembly.

7.  The secretary to the Council shall be such person as the Department may appoint.

Article 132.

SCHEDULE 4TRANSITIONAL PROVISIONS

1.  Where by virtue of paragraph (1) of Article 12 of the Amendment Order an object or structure ceased to be treated as part of a listed building the transitional provisions in paragraph 1 of Schedule 2 to that Order shall, notwithstanding the repeal of that Schedule, continue to apply for the purposes of provisions of this Order as they applied for the purposes of the corresponding provisions of the [1972 NI 17] Planning (Northern Ireland) Order 1972.

2.  Any daily fine mentioned in this Order shall apply to every day after the coming into operation of Article 13 of the Amendment Order, notwithstanding that the offence began before.

3.  Article 23 shall not apply in relation to any development which was begun before the coming into operation of Article 7 of the Amendment Order; and the provisions of Article 36(1) apply in determining for the purposes of this paragraph when development shall be taken to be begun.

4.  —-(1) Until the end of the transitional period—

(a)no offence is committed under Article 61; and

(b)no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, over or under any land,

if the substance was present on, over or under the land at any time within the establishment period and—

(i)in a case in which at the commencement date notification in respect of the substance was required by any of the Notification Regulations, both the conditions specified in sub-paragraph (2) were satisfied; and

(ii)in a case in which at that date such notification was not so required, the condition specified in head (b) of that sub-paragraph is satisfied.

(2) The conditions mentioned in sub-paragraph (1) are—

(a)that notification required by the Notification Regulations was given before the commencement date; and

(b)that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.

(3) Where a hazardous substance was present on, over or under any land at any time within the establishment period, hazardous substances consent may be claimed in respect of its presence.

(4) A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period and as to how and where it was kept and used during that period.

(5) Subject to sub-paragraphs (6) to (8), the Department shall be deemed to have granted any hazardous substances consent which is claimed under sub-paragraph (3).

(6) If at the commencement date notification in respect of the substance was required by regulation 3 or 5 of the Notification Regulations, hazardous substances consent is only to be deemed to be granted under this paragraph if notification in respect of the substance was given before that date in accordance with those regulations.

(7) If at the commencement date such a notification was not so required, hazardous substances consent is only to be deemed to be granted under this paragraph if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.

(8) If it appears to the Department that a claim for hazardous substances consent does not comply with sub-paragraph (4), it shall be the Department’s duty, before the end of the period of two weeks from its receipt of the claim,—

(a)to notify the claimant that in the Department’s opinion the claim is invalid; and

(b)to give him the Department’s reasons for that opinion.

(9) Hazardous substances consent which is deemed to be granted under this paragraph is subject to such conditions as may be prescribed.

(10) In this paragraph—

“commencement date” means the date on which Article 53 comes into operation;

“the establishment period” means the period of 12 months immediately preceding the commencement date;

“established quantity” means, in relation to any land—

(a)

where before the commencement date there has been a notification in respect of a substance in accordance with any of the Notification Regulations—

(i)

the quantity notified or last notified before the commencement date; or

(ii)

a quantity equal to twice the quantity which was so notified or last notified before the start of the establishment period,

whichever is the greater;

(b)

where a notification was not required before that date by any of those regulations, a quantity exceeding by 50 per cent, the maximum quantity which was present on, over or under the land at any one time within the establishment period;

“Notification Regulations” means the [S.R. 1984 No. 177] Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984;

“the transitional period” means the period of 6 months beginning with the commencement date.

5.  The right of appeal under Articles 69 and 78 conferred on a person mentioned in paragraph (2) of each of those Articles shall apply only in relation to any notice (whenever issued) which is expressed to take effect after the coming into operation of Articles 15 and 16 of the Amendment Order.

6.  Article 116 shall apply to any development carried out after the day on which the Amendment Order was made.

7.  In this Schedule “the Amendment Order” means the [1990 NI 14] Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990.

Article 133(1).

SCHEDULE 5AMENDMENTS

The Radioactive Substances Act 1960 (c. 34)

In Schedule 1 for paragraph 28 substitute—

28.  Articles 53 to 63 and 81 of the Planning (Northern Ireland) Order 1991..

The Caravans Act (Northern Ireland) 1963 (c. 17 (N.I.))

In section 3(3) for the words from “granted” to the end substitute “granted under the Planning Order”.

In section 4(1) for the words from “under” to “terms” substitute “under the Planning Order in terms”.

In section 4(2) for the words from “varied” to “district” substitute “varied by the planning appeals commission on an appeal under Article 32 of the Planning Order, the district”.

In sections 5(3) and 8(10) for the words from “subject to which” to the end substitute “subject to which planning permission has been granted under the Planning Order for the use of that land as a caravan site.”.

In section 25(1) after the definition of “occupier” insert—

“the Planning Order” means the Planning (Northern Ireland) Order 1991;.

In section 25(4) for the words from “granted” to “for any use” substitute “granted under the Planning Order for any use”.

In the Schedule in paragraph 9 for the words from “under” to “has” substitute “under the Planning Order has”.

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I))

Sections 15(1)(b)(i), 18(2), 29 and 43(1) and paragraph 12 of Schedule 1 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendments in paragraph 4(1), (3), (4), (12), (14) and (15)(b) and (c) of that Schedule, but without prejudice to any further amendment of those provisions below.

In section 15(5) for the words from “section 2(6)” to the end substitute “Article 32 of the Planning Order in respect of that decision”.

In section 18(3) and (4) for the words from “section 3” to “1972” substitute “Article 38 of the Planning Order”.

In section 18(4) for “Acts (Northern Ireland) 1931 and 1944” substitute “Order”.

In sections 26(1), (4), (5) and (6), 27(5) and 30 for the words from “section 3” to “1972” substitute “Article 38 of the Planning Order”.

In section 43(1) in the definition of “planning decision” for “Order of 1972” substitute “Planning Order” and after that definition insert—

“the Planning Order” means the Planning (Northern Ireland) Order 1991;.

In Schedule 1 in paragraph 10(b) for “the Act of 1944 or the Order of 1972” substitute “the Planning Order”.

In Schedule 1 in paragraph 12(2) for “Article 42 of the Order of 1972” substitute “Article 68 of the Planning Order”.

In Schedule 1 in paragraph 12(3) for “Order of 1972” substitute “Planning Order”.

The Mineral Development Act (Northern Ireland) 1969 (c. 35 (N.I.))

In section 60 for the words from “Planning” to “apply” substitute “Planning (Northern Ireland) Order 1991 applies”.

The Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

In Schedule 11 item 19 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendment in paragraph 5 of that Schedule.

The Planning and Land Compensation Act (Northern Ireland) 1971 (c. 23 (N. I.))

Sections 17 and 30 shall, notwithstanding the repeal of Schedule 6 to the Planning (Northern Ireland) Order 1972, continue to have effect subject to the amendments in paragraph 6(7) to (9) of that Schedule.

The Planning (Northern Ireland) Order 1972 (NI 17)

In. Article 2 for paragraph (2) substitute—

(2) Words and expressions used in this Order and in the Planning (Northern Ireland) Order 1991 have the same meaning in this Order as they have in that Order..

In Article 65(1) for “Article 35” substitute “Article 47 of the Planning Order”.

In Article 65A—

(a)in paragraphs (1)(a), (3) and (5) for “Article 29A” substitute “Article 39 of the Planning Order”;

(b)in paragraphs (1)(b) and (3) for “Article 37G(3)” substitute “Article 59(3) of the Planning Order”;

(c)in paragraph (5)(b) for “Part IX” substitute “Part VIII of the Planning Order”.

In Article 66(1) after “entitled” insert “subject to such exceptions as may be prescribed”.

After Article 66 insert the following Articles—

Compensation where hazardous substances consent modified or revoked under Article 60 of the Planning Order

66A.(1) Where—

(a)there is a change of the person in control of part of the land to which a hazardous substances consent relates; and

(b)on an application made under Article 60(2) of the Planning Order, the Department modifies or revokes the consent,

it shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.

(2) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.

Compensation in respect of orders under Article 100 of the Planning Order

66B.(1) Any person who, at the time of an order under Article 100(1) of the Planning Order coming into force, has an estate in land having lawful access to a road to which the order relates shall be entitled to be compensated by the Department in respect of any depreciation in the value of his estate which is directly attributable to the order and of any other loss or damage which is so attributable.

(2) In paragraph (1) “lawful access” means access authorised by virtue of planning permission or Article 42 of the Roads (Northern Ireland) Order 1980, or access in respect of which no such authorisation is necessary.

(3) A claim for compensation under paragraph (1) shall be made to the Department within the time and in the manner prescribed.

(4) Sections 31 to 33 of the Act of 1965 shall, subject to any necessary modifications, have effect in relation to compensation under paragraph (1) as they have effect in relation to compensation payable under Part III of that Act..

For Article 67 substitute—

Compensation for loss due to stop notice

67.(1) A person who, when a stop notice under Article 73 of the Planning Order is first served, has an estate in or occupies the land to which the stop notice relates shall, in any of the circumstances mentioned in paragraph (2), be entitled to be compensated by the Department in respect of any loss or damage directly attributable to the prohibition contained in the notice (or, in a case within sub-paragraph (b) of that paragraph, so much of that prohibition as ceases to have effect).

(2) A person shall be entitled to compensation under paragraph (1) in respect of a prohibition contained in a stop notice in any of the following circumstances—

(a)the enforcement notice is quashed on grounds other than those mentioned in Article 69(3)(a) of the Planning Order;

(b)the enforcement notice is varied, otherwise than on the grounds mentioned in Article 69(3)(a) of the Planning Order, so that the matters alleged to constitute a breach of planning control cease to include one or more of the activities prohibited by the stop notice;

(c)the enforcement notice is withdrawn by the Department otherwise than in consequence of the grant of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted;

(d)the stop notice is withdrawn.

(3) A claim for compensation under this Article shall be made to the Department within the time and in the manner specified by a development order.

(4) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

(5) In the assessment of compensation under this Article, account shall be taken of the extent (if any) to which the claimant’s entitlement is attributable—

(a)to his failure to comply with a notice under Article 125 of the Planning Order; or

(b)to any misstatement made by him in response to such a notice.

(6) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal..

In Article 68(1) for “the appointed day” where it twice occurs substitute “1st October 1973” and for “this Order” substitute “the Planning Order”.

After Article 69 insert the following Articles—

Compensation not to be payable in respect of certain planning conditions

69A.(1) Compensation under Part II of the Act of 1965 shall not be payable in respect of the application to any planning permission of any of the conditions referred to in Articles 34 and 35 of the Planning Order.

(2) The said conditions shall be disregarded for the purposes of section 29 of the Act of 1965.

Interpretation of this Part

69B.(1) In this Part “the Planning Order” means the Planning (Northern Ireland) Order 1991.

(2) In this Part “compensatable estate” has the same meaning as in the Act of 1965..

The Property (Northern Ireland) Order 1978 (NI 4)

In Article 5(5)(c) for “1972” substitute “1991”.

The Planning (Amendment) (Northern Ireland) Order 1978 (NI 18)

In Article 2(2) for “1972” substitute “1991”

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

In Articles 7(2), 18(2), 65(6) and 66(7) for “1972” substitute “1991”.

The Building Regulations (Northern Ireland) Order 1979 (NI 16)

In Article 9(3) for “1972” substitute “1991”.

The Mineral Exploration (Northern Ireland) Order 1979 (NI 18)

In Article 3(2) for “1972” substitute “1991”.

The Estate Agents Act 1979 (c. 38)

In section 1(2)(e) for “Order 1972” substitute “Order 1991”.

The National Heritage Act 1980 (c. 17)

In section 3(6)(e) for “Article 84 of the Planning (Northern Ireland) Order 1972” substitute “Article 107 of the Planning (Northern Ireland) Order 1991”.

The Roads (Northern Ireland) Order 1980 (NI 11)

In Article 42(2)(a) for “Article 17(1) of the Planning (Northern Ireland) Order 1972” substitute “Article 25(1) of the Planning (Northern Ireland) Order 1991”.

The Private Streets (Northern Ireland) Order 1980 (NI 12)

In Article 2(2) in the definition of “the Planning Order” for “1972” substitute “1991”.

In Article 4(3) for “Article 23” substitute “Article 32”.

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

In Article 128(7) for “1972” substitute “1991”.

The Housing (Northern Ireland) Order 1981 (NI 3)

In Article 38(4) for “1972” substitute “1991”.

The Enterprise Zones (Northern Ireland) Order 1981 (NI 15)

In Article 9(2) for “Articles 101(6) and 102 of the Planning (Northern Ireland) Order 1972” substitute “Articles 121(4) and 122 of the Planning (Northern Ireland) Order 1991” and for “Article 101” substitute “Article 121”.

The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)

In Article 2(2) for the definitions of “the Order of 1972” and “the Planning Orders” substitute—

“the Planning Order” means the Planning (Northern Ireland) Order 1991;.

In Article 3—

(a)in paragraph (1)(e) for “Orders” substitute “Order”;

(b)in paragraph (1)(g) and (h) for “the Order of 1972” substitute “the Planning Order”;

(c)in paragraphs (1)(j) and (3) for “Article 53 of the Order of 1972” substitute “Article 86 of the Planning Order”;

(d)in paragraph (2) for sub-paragraphs (a) and (b) substitute—

(a)a plan, an alteration to a plan or a replacement plan of which copies have been made available for inspection under Article 5(4) or 6(3) of the Planning Order;

(b)modifications proposed to be made by the Department in any such plan, alteration or replacement plan, being modifications of which notice has been given by the Department in accordance with regulations under Part III of that Order.;

(e)in paragraph (3) for “Article 53(1)” and “Article 53(4)” substitute respectively “Article 86(1)” and “Article 86(4)”.

In Article 15A(2) for “Part XIVA of the Order of 1972” substitute “Part XII of the Planning Order”.

The Civil Aviation Act 1982 (c. 16)

In section 53(7) for “1972” substitute “1991”.

The Land Compensation (Northern Ireland) Order 1982 (NI 9)

In Article 2(2) in the definition of “planning appeals commission” for “Article 88 of the Planning (Northern Ireland) Order 1972” substitute “Article 110 of the Planning (Northern Ireland) Order 1991”.

In Article 7(2) for “1972” substitute “1991”.

The Value Added Tax Act 1983 (c. 55)

In Schedule 5 in Group 8A in Notes (1)(a)(iii) and (3)(c)(iii) for “1972” substitute “1991”.

The Dogs (Northern Ireland) Order 1983 (NI 8)

In Article 25(1)(a) for “Article 77 of the Planning (Northern Ireland) Order 1972” substitute “Article 100 of the Planning (Northern Ireland) Order 1991”.

The Housing (Northern Ireland) Order 1983 (NI 15)

In Schedule 2 in paragraph 3 for “1972” substitute “1991”.

The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)

In Article 2(2) for “1972” where it twice occurs substitute “1991”.

The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

In Articles 8(3) and 25(7) for “1972” substitute “1991”.

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)

In Article 2(2) in the definition of “planning permission” for “1972” substitute “1991”.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

In Article 18(9) for “Article 41 of the Planning (Northern Ireland) Order 1972” substitute “Article 67 of the Planning (Northern Ireland) Order 1991”.

In Article 18(11) for “Articles 41 and 51 of the Planning (Northern Ireland) Order 1972” substitute “Articles 67 and 84 of the Planning (Northern Ireland) Order 1991”.

In Schedule 1 in paragraph 17(a) for “Article 17A of the Planning (Northern Ireland) Order 1972” substitute “Article 26 of the Planning (Northern Ireland) Order 1991”.

The Registration of Clubs (Northern Ireland) Order 1987 (NI 14)

In Article 2(2) in the definition of “planning permission” for “1972” substitute “1991”.

The Laganside Development (Northern Ireland) Order 1989 (NI 2)

In Article 16 for “1972” substitute “1991”.

The Capital Allowances Act 1990 (c. 1)

In section 121(1) for “Order 1972” substitute “Order 1991”.

The Licensing (Northern Ireland) Order 1990 (NI 6)

In Article 89(a) for “1972” substitute “1991”.

The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 (NI 14)

In Article 29(3) for “Part XIVA of the Planning Order” substitute “Part XII of the Planning (Northern Ireland) Order 1991”.

Article 133(2).

SCHEDULE 6REPEALS

Chapter or NumberShort TitleExtent of Repeals
1963 c. 17 (N.I.).The Caravans Act (Northern Ireland) 1963.In section 25(1) the definitions of “the Act of 1944” and “the Order of 1972”.
1972 NI 17.The Planning (Northern Ireland) Order 1972.Parts II to VII.
Parts IX to XII.
Article 95.
Part XIVA.
Part XVI.
Schedules 1 to 4.
Schedule 6.
1973 NI 21.The Land Acquisition and Compensation (Northern Ireland) Order 1973.Article 67(2) to (4).
1978 NI 11.The Financial Provisions (Northern Ireland) Order 1978.Article 13(2).
1978 NI 18.The Planning (Amendment) (Northern Ireland) Order 1978.In Article 1(1) the words from “and Part II” onwards.
Articles 4 to 6.
Article 8.
Articles 11 to 14.
Article 17.
Article 19.
1980 NI 11.The Roads (Northern Ireland Order 1980.Article 42(8).
In Schedule 8 the amendments to the Planning (Northern Ireland) Order 1972.
1981 NI 1.The Road Traffic (Northern Ireland) Order 1981.In Schedule 7, paragraph 22.
1981 NI 3.The Housing (Northern Ireland) Order 1981.In Part II of Schedule 11 the amendments to Article 55 of the Planning (Northern Ireland) Order 1972.
1981 NI 13.The Local Government, Planning and Land (Northern Ireland) Order 1981.Article 11.
1981 NI 15.The Enterprise Zones (Northern Ireland) Order 1981.Article 2(3).
Part III.
1981 NI 16.The Planning Blight (Compensation) (Northern Ireland) Order 1981.In Schedule 1, the amendment to the Planning (Amendment) (Northern Ireland) Order 1978.
1981 NI 26.The Magistrates' Courts (Northern Ireland) Order 1981.In Schedule 6, paragraph 134.
1982 NI 18.The Disabled Persons (Northern Ireland) Order 1982.Article 5.
1982 NI 20.The Planning (Amendment) (Northern Ireland) Order 1982.Article 2(2).
Articles 3 to 16.
Article 19(2).
Schedule 1.
1984 c. 12.The Telecommunications Act 1984.In Schedule 4, paragraph 56.
1985 NI 13.The Historic Churches (Northern Ireland) Order 1985.The whole Order.
1986 NI 3.The Education and Libraries (Northern Ireland) Order 1986.In Schedule 18 the amendment to the PIanning (Northern Ireland) Order 1972.
1990 NI 14.The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990.Articles 3 to 20.
Articles 22 to 26.
Article 28.
Article 30.
In Schedule 1, Part I.
Schedule 2.
In Schedule 3, Part 1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources