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The Planning Reform (Northern Ireland) Order 2006

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The Planning Reform (Northern Ireland) Order 2006, SCHEDULE 1 is up to date with all changes known to be in force on or before 22 May 2018. 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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Commencement Orders yet to be applied to the The Planning Reform (Northern Ireland) Order 2006

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Article 21(3)

SCHEDULE 1N.I.CROWN APPLICATION

This schedule has no associated Explanatory Memorandum

Service of noticesN.I.

F11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 1 paras. 1-3 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Hazardous substances consentN.I.

F12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Rights of entryN.I.

F13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

4.  After Article 122 of the principal Order (supplementary provisions as to rights of entry) insert—N.I.

Supplementary provisions as to powers of entry: Crown land

122A.(1) Article 121 applies to Crown land subject to the following modifications.

(2) A person shall not enter Crown land unless he has the relevant permission.

(3) Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it; or

(b)the appropriate authority.

(4) In paragraph (4) the words from “, but a person” to the end of that paragraph shall be omitted.

(5) Article 122 does not apply to anything done by virtue of this Article.

(6) Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1)..

Compulsory acquisitionN.I.

5.—(1) Article 87 of the principal Order (acquisition of land for planning purposes) is amended as follows.N.I.

(2) At the beginning of paragraph (1), insert “ Subject to paragraph (1A), ”.

(3) After paragraph (1) insert—

(1A) The Department shall not acquire any estate in Crown land unless—

(a)it is an estate which is for the time being held otherwise than by or on behalf of the Crown; and

(b)the appropriate authority consents to the acquisition..

(4) After paragraph (9) insert—

(10) Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1)..

F26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Purchase noticesN.I.

F27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Application to Crown land and planning permission in anticipation of disposal of Crown landN.I.

F28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Tree preservation ordersN.I.

F29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Special enforcement noticesN.I.

F210.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Requirement of planning permission for continuance of use instituted by CrownN.I.

F211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

DefinitionsN.I.

12.—(1) Article 118 of the principal Order is amended as follows.N.I.

(2) In paragraph (1) for the definition of “Crown estate” substitute—

Crown estate” means any of the following—

(a)an estate belonging to Her Majesty in right of the Crown;

(b)an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(c)such other estate as the Department may specify by order subject to affirmative resolution;.

(3) After paragraph (1) insert—

(1A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no estate a reference to the appropriate authority must be construed as a reference to the person who makes the application..

(4) Paragraph (3) is omitted.

Information as to estates in landN.I.

13.  After Article 125 of the principal Order (information as to estates in land) insert—N.I.

Information as to estates in Crown land

125A.(1) This Article applies to an estate in Crown land which is not a private estate.

(2) Article 125 does not apply to an estate to which this Article applies.

(3) For a purpose mentioned in Article 125(1) the Department may request the appropriate authority to give it such information as to the matters mentioned in Article 125(2) as the Department specifies in the request.

(4) The appropriate authority shall comply with a request under paragraph (3) except to the extent—

(a)that the matter is not within the knowledge of the authority, or

(b)that to do so will disclose information as to any of the matters mentioned in Article 123A(3).

(5) Expressions used in this Article and in Part XII shall be construed in accordance with that Part..

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