PART 3PLANNING CONTROL

Simplified planning zone schemes

38Exclusion of certain descriptions of land or development

1

The following descriptions of land may not be included in a simplified planning zone—

a

land in a conservation area;

b

land in an area which is—

i

designated as a National Park under Article 12 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1);

ii

designated as an area of outstanding natural beauty under Article 14 of that Order;

iii

declared to be an area of special scientific interest under Article 28 of the Environment (Northern Ireland) Order 2002 (NI 7);

c

land declared to be a national nature reserve under Article 18 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

d

land of such other description as may be prescribed.

2

Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

3

The Department may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

a

in relation to an area of land specified in the order or to areas of land of a description so specified; or

b

for development of a description specified in the order.

4

An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun before that date; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.