Planning (Application of Subordinate Legislation to the Crown) Order (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Order)

The Planning Reform (Northern Ireland) Order 2006 (“the 2006 Order”) applies the Planning (Northern Ireland) Order 1991 (“the 1991 Order”) to the Crown and, among other things, makes provision for national security, enforcement and the preservation of trees. Article 24 of the 2006 Order gives the Department of the Environment power, by order, to apply to the Crown with or without modification, any subordinate legislation made under or for the purposes of the 1991 Order.

The Order applies the following statutory rules to the Crown—

• Article 2—The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 1988 are applied with an amendment to regulation 3 (applications) to suspend the time period within which the Department gives notice of its decision on an application in circumstances where a request has been made to the Secretary of State for a national security certificate under Article 123B of the 1991 Order.

• Article 3—The Planning (Listed Buildings) Regulations (Northern Ireland) 1992 are applied with an amendment to regulation 4 (notification of decision) to suspend the time period within which the Department gives notice of its decision on an application in circumstances where a request has been made to the Secretary of State for a national security certificate under Article 123B of the 1991 Order.

• Article 4—The Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 are applied with an amendment to regulation 10 (notification of decision) to suspend the time period within which the Department gives notice of its decision on an application in circumstances where a request has been made to the Secretary of State for a national security certificate under Article 123B of the 1991 Order. Further amendment has been made to extend the deemed advertising consent provisions in Class 1 of Schedule 3 to government departments.

• Article 5—The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 are applied with amendments including an exemption from hazardous substances consent for the presence of a hazardous substance at a military establishment and amendments allowing Crown bodies to apply for deemed hazardous substances consent. Regulation 12 (notification of decision) has been amended to suspend the time period within which the Department gives notice of its decision on an application in circumstances where a request has been made to the Secretary of State for a national security certificate under Article 123B of the 1991 Order.

• Article 6—The Planning (General Development) Order (Northern Ireland) 1993 is applied with the following modifications—

  • Article 2 (interpretation) has been amended to include definitions relating to Crown development.

  • In paragraph (5) of Article 3 (permitted development) an exemption from the restrictions of this paragraph for Part 22 (development by Department for Regional Development—roads undertakings) has been inserted.

  • After paragraph (8) of Article 3 (permitted development) a new paragraph (9) has been added waiving the disapplication of permitted development rights in Article 3(8) for the Classes of development listed.

  • In paragraph (2) of Article 4 (directions restricting permitted development) development permitted by Class B of Part 22 (Department for Regional Development—roads undertakings), Part 31 (emergency Crown development) and Part 32 (national security development) have been inserted.

  • Article 11 (time periods for decisions) has been amended to suspend the time period within which the Department gives notice of its decision on an application in circumstances where a request has been made to the Secretary of State for a national security certificate under Article 123B of the 1991 Order.

  • Article 18 (register of planning applications) has been amended to preclude the holding of information on the Register of Planning Applications relating to matters to which Article 123(B) of the 1991 Order applies.

  • Schedule 1 of the General Development Order has been amended to include new Parts 22–32 describing permitted development rights exercisable by Crown bodies. These new Parts are set out in the Schedule to this Order.

• Article 7—The Planning (Fees) Regulations (Northern Ireland) 1995 are applied without modification.

• Article 8—Part IV (adaptation of planning and other controls) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 are applied without modification.

• Article 9—The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 are applied without modification.

• Article 10—The Planning (Trees) Regulations (Northern Ireland) 2003 are applied with the following modifications—

  • In the Second Schedule of the Schedule (form of tree preservation order), paragraph 11—Order made under Article 115 (tree preservation orders in anticipation of disposal of Crown land) has been removed. Article 115 of the 1991 Order is repealed by paragraph 9 of Schedule 1 to the 2006 Order.

  • In the Third Schedule of the form of Tree Preservation Order exemptions from the requirement to obtain consent from the Department have been added for the Department for Regional Development for roads undertakings and for persons providing water and sewerage services. Work that is urgently necessary for national security purposes is also exempted.

• Article 11—The Landfill Regulations (Northern Ireland) 2003, insofar as they relate to planning permission for landfill, are applied without modification.

• Article 12—The Planning (Use Classes) Order (Northern Ireland) 2004 is applied with the insertion of a new class of development, C4 (secure residential institutions). Use as a law court has also been added to class D1.

• Article 13—The Planning (Fees) Regulations (Northern Ireland) 2005 are applied without modification.

• Article 14—The Planning (Modification and Discharge of Planning Agreements) Regulations (Northern Ireland) 2005 are applied without modification.

• The Schedule to this Order sets out new Parts describing development permitted under Article 3 of the Planning (General Development) Order 1993. The Parts are as follows—

  • Part 22–Describes permitted development rights exercisable by the Department for Regional Development for the purposes of roads undertakings.

  • Part 23–Describes permitted development rights exercisable by the Department for Regional Development for the purposes of providing water and sewerage services.

  • Part 24–Describes permitted development rights exercisable by the Department of Agriculture and Rural Development for the purposes of drainage undertakings.

  • Part 25–Describes permitted development rights exercisable by the Department of Culture, Arts and Leisure for the purposes of waterway, canal works and inland fisheries.

  • Part 26–Describes permitted development rights exercisable by the Department of the Environment.

  • Part 27–Describes permitted development rights exercisable for the purposes of providing security at prisons, juvenile justice centres and young offenders centres.

  • Part 28–Describes permitted development rights exercisable by the Crown generally.

  • Part 29–Describes permitted development rights for aviation development by the Crown.

  • Part 30– Describes permitted development rights exercisable by the Crown for development on operational Crown land in respect of railway, dockyard and lighthouse development.

  • Part 31–Describes permitted development rights for emergency development by the Crown on any Crown land for the purpose of dealing with an emergency.

  • Part 32–Describes permitted development rights exercisable by the Crown for national security purposes.