Planning Act (Northern Ireland) 2011 No. 25

Part 3 N.I. Planning control

Modifications etc. (not altering text)

C1 Pt. 3 applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C2 Pts. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Determination of planning applications N.I.

Duty to decline to determine application where section 27 not complied with N.I.

50—(1) A council or, as the case may be, the Department must decline to determine an application for the development of any land if, in the opinion of the council or the Department—

(a) compliance with section 27 was required as respects the development, and

(b) there has not been such compliance.

(2) Before deciding whether, under subsection (1), an application must be declined the council or, as the case may be, the Department, may request the applicant to provide such additional information as it may specify within such time as may be prescribed.

(3) Where, under subsection (1), a council or the Department declines to determine an application, the council or, as the case may be, the Department, must advise the applicant of the reason for its being of the opinion mentioned in that subsection.

Commencement Information

I1 S. 50 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2

I2 S. 50 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3