Search Legislation

The Planning (General Development Procedure) Order (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 11

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Planning (General Development Procedure) Order (Northern Ireland) 2015, Section 11. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Certificate of lawfulness of existing use or development and certificate of lawfulness of proposed use or developmentF1N.I.

This section has no associated Explanatory Memorandum

11.—(1) An application to the council for a certificate under sections 169 (certificate of lawfulness of existing use or development) or 170 (certificate of lawfulness of proposed use or development) of the 2011 Act shall, in addition to specifying the land and describing the use, operations or other matters in question in accordance with those sections, include the following information—

(a)the paragraph of section 169(1) or, as the case may be, section 170(1), under which the application is made;

(b)in the case of an application under section 169(1), the date on which the use, operations or other matter began or, in the case of operations carried out without planning permission, the date on which the operations were substantially completed;

(c)in the case of an application under section 169(1)(a), the name of any use class specified in an order under section 23(3)(e) (meaning of “development”) of the 2011 Act which the applicant considers to be applicable to the use existing at the date of the application;

(d)in the case of an application under section 169(1)(c), sufficient details of the planning permission to enable it to be identified;

(e)in the case of an application under section 170(1)(a), the use of the land at the date of the application (or, when the land is not in use at that date, the purpose for which it was last used) and the name of any use class specified in an order under section 23(3)(e) of the 2011 Act which the applicant considers applicable to the proposed use;

(f)the applicant's reasons, if any, for regarding the use, operations or other matter described in the application as lawful; and

(g)such other information as the applicant considers to be relevant to the application.

(2) An application to which paragraph (1) applies shall be accompanied by—

(a)a plan sufficient to identify the land to which the application relates;

(b)such evidence verifying the information included in the application as the applicant can provide; and

(c)a statement setting out the applicant's estate in the land, the name and address of any other person known to the applicant to have an estate in the land and whether any such other person has been notified of the application.

(3) Where such an application specifies two or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or other matter relates.

(4) The council may by notice in writing require the applicant to provide such further information as may be specified to enable it to deal with the application.

(5) Where an application is refused, in whole or in part, (including a case in which the council modifies the description of the use, operations or other matter in the application, or substitutes an alternative description for that description), the notice of decision shall state the council's full reason for its decision and shall include a statement to the effect that if the applicant does not accept the council's decision that person may appeal to the planning appeals commission under section 173 (appeals against refusal or failure to give decision on application) of the 2011 Act.

(6) A certificate under section 169 or 170 of the 2011 Act shall be in a form set out in Schedule 2.

(7) Where the council proposes to revoke a certificate issued under section 169 or 170 of the 2011 Act in accordance with section 171(7) (certificates under sections 169 and 170: supplementary provisions) of the 2011 Act, it shall, before it revokes the certificate, give notice of that proposal to—

(a)the owner of the land affected;

(b)the occupier of the land affected;

(c)any other person who will in its opinion be affected by the revocation; and

(d)in the case of a certificate issued under section 173 of the 2011 Act, the planning appeals commission.

(8) A notice issued under paragraph (7) shall invite the person on whom the notice is served to make representations on the proposal to the council within 14 days of service of the notice and the council shall not revoke the certificate until all such periods allowed for making representations have expired.

(9) The council shall give written notice of any revocation under section 171 of the 2011 Act to every person on whom notice of the proposed revocation was served under paragraph (7).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources