Planning Act (Northern Ireland) 2011 No. 25

Part 4 N.I. Additional planning control

Modifications etc. (not altering text)

C1 Pt. 4 (except chpts. 1, 2) 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)

Chapter 1 N.I. Listed buildings and conservation areas

Modifications etc. (not altering text)

C2 Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

Power to decline to determine application for listed building consent N.I.

Power to decline to determine overlapping application for listed building consent N.I.

93—(1) A council may decline to determine an application for listed building consent which is—

(a) made on the same day as a similar application; or

(b) made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2) The condition is that a similar application is under consideration by the council and the determination period for that application has not expired.

(3) The condition is that a similar application is under consideration—

(a) by the Department under section 88 and the Department has not issued its decision; or

(b) by the planning appeals commission on an appeal under section 96 or 97 and the commission has not issued its decision.

(4) The condition is that a similar application—

(a) has been granted by the council;

(b) has been refused by the council; or

(c) has not been determined by the council within the determination period,

and the time within which an appeal could be made to the planning appeals commission under section 96 or 97 has not expired.

(5) If a council exercises its power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, it may not also exercise that power to decline to determine the similar application.

(6) An application for listed building consent is similar to another application if (and only if) the council thinks that the building and works to which the applications relate are the same or substantially the same.

(7) The determination period is—

(a) the period prescribed for the determination of the application; or

(b) such longer period as the applicant and the council have agreed for the determination of the application.

Modifications etc. (not altering text)

C3 Ss. 92-101 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 15, Sch. 2

C4 Ss. 86-103: 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))

Commencement Information

I1 S. 93 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 93 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)