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The Planning (Listed Buildings) (Amendment) Regulations (Northern Ireland) 2016

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Statutory Rules of Northern Ireland

2016 No. 117

Planning

The Planning (Listed Buildings) (Amendment) Regulations (Northern Ireland) 2016

Made

2nd March 2016

Coming into operation

9th May 2016

The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by sections 80(5), 86(4)(c), 95(2)(b) and 247(1) of the Planning Act (Northern Ireland) 2011(1).

Citation and commencement

1.  These Regulations may be cited as the Planning (Listed Buildings) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 9th May 2016.

Amendment of the Planning (Listed Buildings) Regulations (Northern Ireland) 2015

2.—(1) The Planning (Listed Buildings) Regulations (Northern Ireland) 2015(2) shall be amended as follows.

(2) In regulation 6 (duty of council to consult on applications for listed building consent) for “the Department”, wherever it occurs, substitute “the Department for Communities”.

(3) In regulation 11(1) (applications to the Department for consent to execute works without compliance with conditions previously attached) for “regulations 4, 5, 7(1)” substitute “regulations 4 to 6, 7(1)”.

(4) In Schedule 2 for “the Department of the Environment”, wherever it occurs, substitute “the Department for Communities”.

Sealed with the official Seal of the Department of the Environment on the 2nd March 2016

Legal seal

Angus Kerr

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Planning (Listed Buildings) Regulations (Northern Ireland) 2015 (“the Listed Buildings Regulations 2015”) as a consequence of the Departments (Transfer of Functions) Order (Northern Ireland) 2016. These Regulations take account of the restructuring of Government Departments and reflect the consequent revised roles and responsibilities of planning authorities and statutory consultees in the listed building process of the planning system.

Regulation 2(2) replaces references to “the Department”, in regulation 6 of the Listed Buildings Regulations 2015, with “the Department for Communities”.

Regulation 2(3) applies the consultation requirements, set out in regulation 6 of the Listed Buildings Regulations 2015, to applications made to the Department for consent to execute works without compliance with conditions previously attached.

Regulation 2(4) replaces references to “the Department of the Environment”, in Schedule 2 of the Listed Buildings Regulations 2015, with “the Department for Communities”.

A Regulatory Impact Assessment has not been prepared. The technical changes made by these Regulations are simply the result of a change in functions of Departments in Northern Ireland and will ensure the continuity of consultation arrangements in respect of applications for listed building consent.

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

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Explanatory Memorandum

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