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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 06 April 2020. 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

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.

Textual Amendments

F1Sch. 1 paras. 1-3 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended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

Textual Amendments

F1Sch. 1 paras. 1-3 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended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

Rights of entryN.I.

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

Textual Amendments

F1Sch. 1 paras. 1-3 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended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

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.

Textual Amendments

Purchase noticesN.I.

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

Textual Amendments

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

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

Textual Amendments

Tree preservation ordersN.I.

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

Textual Amendments

Special enforcement noticesN.I.

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

Textual Amendments

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

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

Textual Amendments

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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