http://www.legislation.gov.uk/nia/2011/25/section/104Planning Act (Northern Ireland) 2011An Act to make provision in relation to planning; and for connected purposes.texttext/xmlenStatute Law Database2024-05-15Expert Participation2023-12-26 Part 4Chapter 11041A council may designate areas of special architectural or historic interest within its district the character or appearance of which it is desirable to preserve or enhance.2The Department may from time to time determine that any part of an area within a council's district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if the Department so determines, it may designate that part as a conservation area.3Before making a determination under subsection (2) the Department must consult the council concerned.4A designation under subsection (1) or (2) may be varied or cancelled by the authority which made the designation.5Subject to subsection (6), before making, varying or cancelling a designation under this section, the council or, as the case may be, the Department must consult with—athe Historic Buildings Council;bsuch other persons or bodies as may be prescribed.6A designation under this section may be made without consulting the persons or bodies mentioned in subsection (5)(b), but a designation made without such consultation shall only have effect for a period of 6 months beginning on the date on which the designation was made.7A council must give notice of the designation of any part of its district as a conservation area under subsection (1) and of any variation or cancellation of any such designation to the Department.8The Department must give notice of the designation of any part of the district of a council as a conservation area under subsection (2) and of any variation or cancellation of any such designation to the council.9A notice under subsection (7) or (8) must contain sufficient particulars to identify the area affected.10Notice of any such designation, variation or cancellation as is mentioned in subsection (7) or (8), with particulars of its effect and sufficient particulars to identify the area affected, must be published in at least one newspaper circulating in the council's district, by that council or, as the case may be, the Department.11Where any area is for the time being designated as a conservation area, special regard must be had, in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, to the desirability of—apreserving the character or appearance of that area in cases where an opportunity for enhancing its character or appearance does not arise;benhancing the character or appearance of that area in cases where an opportunity to do so does arise.12In this Act “conservation area” means an area designated under subsection (1) or (2).S. 104 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11S. 104 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)S. 104: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))