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Planning Act (Northern Ireland) 2011

Commentary on Sections

Part 13: Financial Provisions.

Section 223: Fees and charges

This section enables the Department to make regulations for the payment of charges or fees for the recovery of the costs of performing council or departmental functions including determining planning applications. OFMdFM may also make regulations for the payment of a charge or fee in respect of deemed planning applications or planning appeals.  This section also introduces new provisions for charging multiple fees for retrospective planning applications and where deemed planning applications are submitted to the Planning Appeals Commission on foot of an enforcement appeal.

Section 224: Grants for research and bursaries

This section allows the Department to make grants to research or education institutions relating to the planning and design of the physical or built environment.  Students undertaking particular courses may be awarded bursaries.

Section 225: Grants to bodies providing assistance in relation to certain development proposals

These provisions allow the Department to award a grant to an organisation which is assisting the community with understanding planning policy, or which is providing technical expertise to allow development proposals to be easily understood.  Grants may also be made to organisations which aim to further the preservation, conservation and regeneration of historic buildings.  The organisations being funded must not be profit making bodies.

Section 226: Contributions by councils and statutory undertakers

This section creates a discretionary power to allow statutory undertakers or other councils to contribute to the costs of a council carrying out a review under section 3 – matters affecting development.  Also available is a discretionary power allowing statutory undertakers or other councils to contribute to another council’s costs when discharging specified planning functions under the Act.  Finally, the Department will be able to require councils to contribute to another council’s compensation costs when that council is carrying out certain specified functions under the Act.

Section 227: Contributions by departments towards compensation paid by councils

This section provides a discretionary power whereby a government department can contribute to the compensation costs of a council if those costs were incurred by a council decision or order made in the interest of services provided by that government department.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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