Part 3

Planning control

Development orders

Development orders
32
1
The Department must by order (in this Act referred to as a “development order”) provide for the grant of planning permission.
2
A development order may either—
a
itself grant planning permission for development specified in the order or for development of any class so specified; or
b
in respect of development for which planning permission is not granted by the order itself, provide for the grant of planning permission by a council (or, in the cases provided for elsewhere in this Act, the Department) on an application made to the council or, as the case may be, the Department, in accordance with the order.
3
A development order may be made either—
a
as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or
b
as a special order applicable only to such land or descriptions of land as may be specified in the order.
4
Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
5
Without prejudice to the generality of subsection (4), where planning permission is granted by a development order for development of a specified class, the order may enable a council or the Department to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.
6
Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of other references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
7
For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with a local development plan, a development order may direct that any statutory provision in relation to any development specified under the order—
a
shall not apply to any development specified in the order; or
b
shall apply to it subject to such modifications as may be so specified.
S. 32 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
Pt. 3 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)
S. 32 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3
Pts. 1-3: 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. 2 (with art. 9(2))