The Planning (Electronic Communications) Order (Northern Ireland) 2006

Article 10

SCHEDULE 5 Amendment of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993

1.—(1) Regulation 2 (interpretation) shall be amended as follows.

(2) In paragraph (1), after the definition of “the Directive”, there shall be inserted the following definition—

““electronic communication” has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.”.

(3) After paragraph (3) there shall be inserted the following paragraphs—

“(4) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically—

(a) the expression “address” includes any number or address used for the purpose of such communications except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to forms, maps, plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.

(5) Paragraphs (6) to (9) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, map, plan, notice or other document to any other person (“the recipient”).

(6) The requirement shall be taken to be fulfilled where the application or other document transmitted by means of electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(7) In paragraph (6), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(8) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or a public holiday.

(9) A requirement in these Regulations that any application or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6), and “written” and cognate expressions are to be construed accordingly.”.

2.  In regulation 6 (1) (advertisement of notices of applications) after the word “situated” there shall be inserted “and, where the Department maintains a website for the purpose of advertisement, by publication of the notice on the website”.

3.  After regulation 19 (effect of hazardous substances contravention notices), there shall be inserted—

“PART 6 ELECTRONIC COMMUNICATIONS

Use of electronic communications

20.— (1) Paragraphs (2) and (3) apply where a person uses electronic communications for any of the following purposes—

(a) making an application for hazardous substances consent under regulation 5;

(b) making a claim for deemed consent under regulation 14;

(c) serving notice of appeal against a hazardous substances contravention notice under regulation 18.

(2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or serving notice of appeal shall be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to the application, claim or appeal (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, claim or appeal;

(c) that the person’s deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.

(3) In regulation 5—

(a) in paragraph 1(b) the requirement that an application for express consent shall include a site map is satisfied where the applicant identifies the site on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website;

(b) in paragraphs (1)(c), (2)(c) or (3)(c) the requirement that an application for hazardous substances consent shall be accompanied by 3 additional copies of the documents required shall not apply.”.