C1C2Part 3Planning control
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))
Duration of planning permission
I1I2C167C1Power to make non-material changes to planning permission
1
A council may make a change to any planning permission relating to land within its district if it is satisfied that the change is not material.
2
In deciding whether a change is material, a council must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.
3
The power conferred by subsection (1) includes power—
a
to impose new conditions;
b
to remove or alter existing conditions.
4
The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an estate in the land to which the planning permission relates.
5
An application under subsection (4) must be made in the form and manner specified by a development order.
6
Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an estate in some, but not all, of the land to which the planning permission relates.
7
The application may be made only in respect of so much of the planning permission as affects the land in which the person has an estate.
8
A council must comply with such requirements as may be specified by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
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)