Planning Act (Northern Ireland) 2011

This section has no associated Explanatory Notes

5—(1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of the planning appeals commission or any other person holding an independent examination or considering those objections under paragraph 4, the council may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 6).N.I.

(2) The council may adopt the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or

(b)any other considerations which appear to the council to be material.

(3) If, before the proposals have been adopted by the council, it appears to the Department that they are unsatisfactory, the Department may direct the council to modify the proposals in such respects as are indicated in the direction.

(4) A council to which such a direction is given shall not adopt the proposals unless—

(a)it satisfies the Department that it has made the modifications necessary to conform with the direction; or

(b)the direction is withdrawn.

Commencement Information

I1S. 34 (inducing provision for Sch. 1) in operation at 1.2.2015 for specified purposes; 1.4.2015 otherwise by S.R. 2015/25, arts. 2, 3

I2Sch. 1 para. 5 in operation at 13.2.2015 for specified purposes; 1.4.2015 otherwise by S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)