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The Planning (Fees) Regulations (Northern Ireland) 2005

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6.—(1) Regulation 3(2) shall not apply where –

(a)the application relates to development which is within one or more of the classes specified in Schedule 1 to the General Development Order and solely to such development; and

(b)the permission granted by Article 3 of that Order does not apply in respect of that development by reason of (and only by reason of) –

(i)a direction made under Article 4 of that Order which is in force on the date when the application is made; or

(ii)the requirements of a condition imposed on any permission granted or having the like effect as a permission granted under Part IV of the 1991 Order.

(2) The reference in paragraph (1)(a) to an application which relates to development which is within one or more of the classes specified in Schedule 1 to the General Development Order shall be construed as including an application for planning permission to carry out such development without compliance with a condition subject to which a previous planning permission has been granted, where the condition in question prohibits or limits the carrying out of any development which is within one or more of the said classes.

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