The Planning (Conservation Areas) (Consultation) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 177

Planning

The Planning (Conservation Areas) (Consultation) Regulations (Northern Ireland) 2015

Made

23rd March 2015

Coming into operation

15th April 2015

The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by sections 104(5)(b) and 247(1)of the Planning Act (Northern Ireland) 2011(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Planning (Conservation Areas) (Consultation) Regulations (Northern Ireland) 2015 and shall come into operation on 15th April 2015.

(2) In these Regulations—

“the Act” means the Planning Act (Northern Ireland) 2011;

“council” means a district council;

“Department” means the Department of the Environment.

Consultation by the council

2.  Before making, varying or cancelling a conservation area designation under section 104 of the Act the council must consult with:

(a) the Department;

(b) the Department for Regional Development; and

(c) any water or sewerage undertaker.

Consultation by the Department

3.—(1) Before making a conservation area designation under section 104 of the Act the Department must consult with the Department for Regional Development and any water or sewerage undertaker.

(2) Before varying or cancelling any such designation the Department must consult with:

(a) the council concerned;

(b) the Department for Regional Development; and

(c) any water or sewerage undertaker.

Revocation

4.  These Regulations revoke the Planning (Conservation Areas) (Consultation) Regulations (Northern Ireland) 2006(2).

Sealed with the Official Seal of the Department of the Environment on 23rd March 2015.

Angus Kerr

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations.)

Regulation 2 prescribes the bodies the council must consult for the purposes of section 104(5)(b) of the Planning Act (Northern Ireland) 2011 (“the Act”) before making, varying or cancelling a conservation area designation. The bodies so prescribed are, for the purposes of these Regulations, the Department of the Environment, the Department for Regional Development and any water or sewerage undertaker.

Regulation 3(1) prescribes the bodies the Department must consult for the purposes of section 104(5)(b) of the Act before making a conservation area designation. The bodies so prescribed are, for the purposes of these Regulations, the Department for Regional Development and any water or sewerage undertaker.

Regulation 3(2) prescribes the bodies the Department must consult for the purposes of section 104(5)(b) of the Act before varying or cancelling a conservation area designation. The bodies so prescribed are, for the purposes of these Regulations, the council concerned, the Department for Regional Development and any water or sewerage undertaker.

Regulation 4 revokes the Planning (Conservation Areas) (Consultation) Regulations (Northern Ireland) 2006.

A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department of the Environment, Causeway Exchange, 1-7 Bedford Street, Town Parks, Belfast, BT2 7EG or accessed at www.doeni.gov.uk.

The Explanatory Memorandum is available alongside the Regulations on the government’s website www.legislation.gov.uk.

(1)

2011 c.25 (N.I.)

(2)

S.R. 2006 No.290