Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 14: Miscellaneous and General Provisions

Section 235: National security

This section contains the procedures for planning applications, consents and approvals where, in the opinion of the Secretary of State or, as the case may be, the Department of Justice, the consideration by a council or the Department of objections or representations received in relation to the application raise issues of national security or matters relating to the security of Crown or other properties and the public disclosure of such information would be contrary to the national or public interest.  Procedures will enable decisions to be made where, for security reasons, details of the development cannot be revealed but where to withhold such details would impact on the ability of interested parties to fully participate in the planning process. The Department will be required to hold a public local inquiry in such circumstances. The roles of the Secretary of State and the Department of Justice in relation to certification under this section are split. The Secretary of State will have responsibility for the making of rules in circumstances where he has certified under this section, the Department of Justice will have responsibility for the making of corresponding rules where that Department issues the relevant certification under this section.