Part 3

Planning control

Determination of planning applications

Permission to develop land without compliance with conditions previously attached
54
1
This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
2
A development order may make special provision with respect to—
a
the form and content of such applications; and
b
the procedure to be followed in connection with such applications.
3
On such an application the authority which granted the previous planning permission must consider only the question of the conditions subject to which planning permission should be granted, and
a
if it decides that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, the authority must grant planning permission accordingly; and
b
if it decides that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, the authority must refuse the application.
4
This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to be begun, that time has expired without the development having been begun.
5
Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
a
a development must be begun;
b
an application for approval of reserved matters (within the meaning of section 62) must be made.
S. 54 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. 54 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))