The Planning (Electronic Communications) Order (Northern Ireland) 2006

Service of Notices and Documents

3.  After Article 2 of the 1991 Order there shall be inserted—

“Service of Notices and Documents

2A.— (1) This Article does not apply to—

(a) Part VII, and so far as relating to that Part, Articles 3(2), 102 to 104, 121, 122, 125 and 130;

(b) Articles 100 and 101, and Article 103 so far as relating to the making of an order under Article 100; or

(c) Articles 110, 111(1) to (3) and (5) and 127(1)(c).

(2) Without prejudice to section 24(2) of the Interpretation Act (Northern Ireland) 1954, any notice or other document required or authorised to be served on or sent or given to any person under the provisions of this Order may be served, sent or given, in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in paragraph (3), to that person at that address (subject to paragraph (4)).

(3) The condition mentioned in paragraph (2) is that the notice or other document shall be—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference,

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(4) Paragraph (2) shall not apply to—

(a) service of a copy of a notice under Article 23(4);

(b) service of a building preservation notice under Article 42A(1);

(c) giving of notice of the making of a tree preservation order or the service of a copy of such an order, in accordance with regulations under Article 65(2);

(d) service of a planning contravention notice under Article 67C(3);

(e) service of a temporary stop notice under Article 67E(4);

(f) service of a copy of an enforcement notice under Article 68(5);

(g) the variation or withdrawal of an enforcement notice under Article 68B(6);

(h) service of a stop notice, or notice of withdrawal of a stop notice under Article 73(7);

(i) service under Article 76(4) of a notice of the Department’s intention to take steps required by an enforcement notice;

(j) service of a breach of condition notice under Article 76A(8);

(k) service of a copy of a listed building enforcement notice, or notice of variation or withdrawal of a listed building enforcement notice under Article 77;

(l) service of a copy of a hazardous substances contravention notice, or notice of withdrawal of a hazardous substances contravention notice under Article 81;

(m) service of a copy of a notice varying a hazardous substances contravention notice under Article 81A(9);

(n) service of a notice under Article 125 requiring information as to estates in land.

(5) Where a person uses electronic communications to transmit any notice or other document for any purpose of this Order which is capable of being carried out electronically he shall be taken to have agreed, except where a contrary intention appears, to the use of such communications and that his address for that purpose is the address incorporated into, or otherwise logically associated with the notice or document.

(6) Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, he shall give notice in writing—

(a) withdrawing any address notified to the Department or the planning appeals commission for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Department or the planning appeals commission for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.”.

(1)

Article 42A was inserted by Article 25 of S.I. 2003 No. 430 (N.I. 8)

(2)

Article 65(2) was substituted by Article 26 of S.I. 2003 No. 430 (N.I. 8)

(3)

Article 67C was inserted by Article 3 of S.I. 2003 No. 430 (N.I. 8)

(4)

Article 67E was inserted by Article 13 of S.I. 2006/1252 (N.I.7)

(5)

Article 68 was substituted by Article 7 of S.I. 2003 No. 430 (N.I. 8)

(6)

Article 68B was inserted by Article 7 of S.I. 2003 No. 430 (N.I. 8)

(7)

Article 73(1),(2),(3) and (7) was substituted by Article 11 of S.I. 2003 No. 430 (N.I. 8)

(8)

Article 76A was inserted by Article 4 of S.I. 2003 No. 430 (N.I. 8)

(9)

Article 81A was inserted by Article 15 of S.I. 2003 No. 430 (N.I. 8)