Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 4: Additional Planning Control.

Section 113: Confirmation by Department of section 112 orders

This section confirms that an order under section 112 will not take effect unless it is confirmed by the Department.  The Department may confirm the order either without modification or subject to such modification as it thinks fit.  When a council submits a section 112 order for confirmation it must also notify the landowner, any person who appears to it to be in charge of the land or any other person who, in its opinion, will be affected by the order.  This notice must also specify the period within which any person on whom the notice is served can appear before and be heard by the Planning Appeals Commission.  The Department must give such an opportunity to both that person and the council.