Modifications etc. (not altering text)
C1Pt. 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)
C2Pts. 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))
72—(1) If it appears to the Department that it is expedient that an order should be made under section 68, it may make such an order.
(2) Such an order which is made by the Department shall have the same effect as if it had been made by the relevant council and confirmed by the Department.
(3) The Department must not make such an order without consulting the relevant council.
(4) Where the Department proposes to make such an order it must serve notice on the relevant council.
(5) A notice served under subsection (4) must specify the period (which must not be less than 28 days from the date of its service) within which the council may require an opportunity of appearing before and being heard by the planning appeals commission.
(6) If within that period the council so requires, before the Department makes the order it must give the council such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by a council of any order under section 68 and its confirmation by the Department shall have effect, subject to any necessary modifications, in relation to any proposal by the Department to make such an order and its making by the Department.
(8) Section 69 applies to orders made by the Department under this section as that section applies to orders made by a council under section 68.
(9) In this section, “relevant council” means the council for the district in which the land to which the order relates is situated.
Commencement Information
I1S. 72 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
I2S. 72 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3