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PART 9Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders

Restrictions on grant of permission by old enterprise zone schemes

38.—(1) Any Order designating an enterprise zone or adoption of a modified scheme(1) under the Enterprise Zones (Northern Ireland) Order 1981(2) which has effect immediately before the commencement of these Regulations to grant planning permission shall, on and after that date cease to have effect to grant such permission for—

(a)Schedule 1 development; or

(b)Schedule 2 development unless the council or, as the case may be, the Department has made a determination that the proposed development is not EIA development.

(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these Regulations.

Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes

39.  After the commencement of these Regulations—

(a)the adoption of a simplified planning zone scheme under section 34 (or the alteration of such a scheme under section 37);

(b)an order designating an enterprise zone under the Enterprise Zones (Northern Ireland) Order 1981 and the modification in relation to an approved enterprise zone under that Order,

shall not grant planning permission for—

(i)Schedule 1 development; or

(ii)Schedule 2 development unless the council or, as the case may be, the Department has made a determination that the development is not EIA development.

Development Orders

40.  A development order under section 32 made after the commencement of these Regulations shall not grant planning permission for—

(a)Schedule 1 development; or

(b)Schedule 2 development unless the council or, as the case may be, the Department has made a determination that the development is not EIA development.

(1)

See Article 19 of S.I. 1991/1220 (N.I. 11)