Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 4: Additional Planning Control.

Section 114: Call in of certain applications for hazardous substances consent to Department

Under this section the Department may direct that certain applications (including those where the Secretary of State or Department of Justice has certified that an application raises issues of national security or the security of premises) be referred to it instead of being determined by a council.  The direction may relate to individual applications or to a class of buildings as may be specified in the direction.  The section also allows the Department to cause a public local inquiry to be held by the Planning Appeals Commission or a person appointed by the Department.  Alternatively the Department may issue a notice of opinion to the applicant and the appropriate council indicating the decision it proposes to make. An inquiry must be held if an application raises national security or security of premises issues. The decision of the Department is final for these applications.