Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 3: Planning Control.

Sections 46 to 49: Power to decline to determine subsequent or overlapping applications

These sections set out the cases where a council or the Department may decline to determine subsequent, repeat or overlapping applications.  Existing powers within the Planning (Northern Ireland) Order 1991 are expanded to allow councils to decline to determine a repeat application where the Planning Appeals Commission has refused a similar deemed planning application within the last 2 years.  Councils may also decline to determine overlapping applications made on the same day as a similar application and where similar applications are under consideration by the Planning Appeals Commission.