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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

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Planning decisions

49.—(1) Regulations 43 and 44 (requirement to consider effect on European site) apply in relation to—

(a)granting planning permission under Part IV of the 1991 Order;

(b)granting planning permission or upholding a decision of the Department to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the Department), on determining an appeal under Article 32 (appeals), or 33 (appeal in default of planning decision) of the 1991 Order in respect of an application for planning permission;

(c)making an order which grants planning permission under Article 39 of the 1991 Order (orders requiring discontinuance of use, etc.) or Article 39 as applied by Article 112 of that Order in respect of the winning and working of minerals;

(d)granting planning permission under Article 71(1) of the 1991 Order (appeals against enforcement notice—supplementary provisions relating to planning permission); and

(e)stating under Article 95(1)(c)(i) of the 1991 Order (action by the Department following service of purchase notice) that planning permission for any other development might reasonably be expected to be granted.

(2) Where regulations 43 and 44 apply, the Department or, as the case may be, the planning appeals commission may, if it considers that any adverse effects of the plan or project on the integrity of a European site would be avoided if the planning permission were subject to conditions or limitations, grant planning permission or, as the case may be, take action which results in planning permission being granted subject to those conditions or limitations.

(3) Where regulations 43 and 44 apply, outline planning permission shall not be granted unless the Department, or, as the case may be, the planning appeals commission, is satisfied (whether by reason of the conditions and limitations to which the outline planning permission is to be made subject or otherwise) that no development likely to adversely affect the integrity of a European site could be carried out under the permission, whether before or after obtaining approval of any reserved matters.

In this paragraph “outline planning permission” and “reserved matters” have the same meaning as in Article 35(1) of the 1991 Order.

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