Changes over time for: The Planning (Northern Ireland) Order 1991

Alternative versions:

Status:

This version of this Order contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

The Planning (Northern Ireland) Order 1991 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Sch. 5 rev.in pt. by 1997 c. 14 s.3 Sch.1 Pt.II para.7
Sch.5 rev.in pt. (Prosp.) by 1997 c. 14 s.3 Sch.1 Pt.II para.7
art. 2(2) words inserted by S.I. 2006/1252 (N.I.) art. 27(4)
art. 26 repealed by S.I. 2006/1252 (N.I.) art. 8(3) Sch. 5
art. 127(2)(b) applied by SI 1997/2778 (N.I. 19) art. 58(1A) (as substituted) by 2011 c. 5 (N.I.) s. 8(3)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 1 para. 1(1A)(1B) inserted by S.I. 2006/1252 (N.I.) art. 8(2)
art. 4(2A) inserted by S.I. 2006/1252 (N.I.) art. 4(1)
art. 11(2A) inserted by S.I. 2006/1252 (N.I.) art. 7
art. 20(2A)(2B) inserted by S.I. 2006/1252 (N.I.) art. 8(1)
art. 124(1)(o) added by S.I. 2006/1252 (N.I.) art. 27(3)

Statutory Instruments

1991 No. 1220 (N.I. 11)

The Planning (Northern Ireland) Order 1991

21st May 1991

Modifications etc. (not altering text)

C1Order modified by Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R. 2003/493), Sch. 3 Pt. I para. 11 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2)))

PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Planning (Northern Ireland) Order 1991.

(2) Subject to paragraph (3), this Order shall come into operation on the expiration of 3 months from the day on which it is made.

(3) Articles 28, 53 to 63 and 81 shall come into operation on such day or days as the Head of the Department may by order appointF1.

F1fully exercised SR 1992/264; 1993/276

InterpretationN.I.

2.—(1) [F2Subject to Article 112E(2),] the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

[F3(2) In this Order, “the Department”—

(a)in relation to any function under, or for the purposes of, Part 7, and so far as relating to that Part, Articles 102 to 104, 121, 122, 125, 125A and 130, means the Department for Social Development;

(b)in relation to any function under, or for the purposes of,Articles 100 and 101 and Article 103 so far as relating to the making of an order under Article 100, means the Department for Regional Development.]

[F4(2A) Section 250(1) of the Planning Act (Northern Ireland) 2011, in so far as it relates to the definition of words or expressions used in that Act and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Act.]

(3) For the purposes of section 42(3) of the [1973 c. 36] Northern Ireland Constitution Act 1973 (validity of Orders in Council under section 1(3) of the [1972 c. 22] Northern Ireland (Temporary Provisions) Act 1972) provisions of this Order which re-enact provisions of an Order in Council under the said section 1(3) shall be deemed to be provisions of such an Order.

F2Words in art. 2(1) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 1

F3Art. 2(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 55(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F4Art. 2(2A) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 55(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Service of Notices and DocumentsN.I.

F52A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5Art. 2A repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

PART IIN.I.FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND

General functions of Department of the Environment with respect to development of landN.I.

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6Pts. II-VI repealed (1.4.2015 except for the repeal of Pt. III) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Prospective

[F7Statement of community involvementN.I.

F63A.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7Art. 3A inserted (prosp.) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3), 3

PART IIIN.I.DEVELOPMENT PLANS

Modifications etc. (not altering text)

C2Pt. III: 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))

Development plansN.I.

4.—(1) The Department may at any time make a development plan for any area or alter, repeal or replace a development plan adopted by it for any area.

[F8(1A) A development plan for an area must be[F9 in general conformity with] the regional development strategy.]

(2) A development plan for an area shall consist of—

(a)a map and a written statement formulating, in such detail as the Department thinks appropriate, proposals for the development or other use of land in the area to which the plan relates; and

(b)such diagrams, illustrations and descriptive matter as the Department thinks appropriate to explain or illustrate the proposals in the plan.

F10(3) Where a development plan has not been adopted for an area, any provision of this Order which requires or authorises regard to be had to the development plan shall have effect in relation to that area as if any reference to the development plan were omitted.

F81999 NI 4

F92003 NI 8

F10prosp. insertion by 2003 NI 8

Publicity and consultationN.I.

5.—(1) Where the Department proposes to make, alter, repeal or replace a development plan for an area, it shall proceed in accordance with this Article, unless Article 6 (which provides a short procedure for certain alterations, etc.) applies.

(2) The Department shall consult with the district council for the area or any part of the area to which the plan or proposed plan relates.

(3) The Department shall take such steps as will in its opinion secure—

(a)that adequate publicity is given, in the area to which the plan or proposed plan relates, to the Department's proposals or to the issues involved;

(b)that persons who may be expected to wish to make representations to the Department about those proposals or issues are made aware that they are entitled to do so;

(c)that such persons are given an adequate opportunity of making such representations,

and the Department shall consider any representations made to it within the prescribed period.

(4) The Department shall then prepare the relevant documents, that is, the plan, alterations, instrument of repeal or replacement plan, as the case may be, and shall make copies of the documents available for inspection at such places as the Department considers appropriate.

(5) Each copy of the documents made available for inspection shall be accompanied by a statement of the prescribed period within which objections may be made to the Department.

(6) The Department shall then take such steps as may be prescribed for the purpose of advertising-

(a)the fact that the documents are available for inspection;

(b)the places and times at which, and period during which, they may be inspected; and

(c)the prescribed period within which objections may be made to the Department.

Publicity and consultation-short procedure for certain alterations, etc.N.I.

6.—(1) Where the Department proposes to alter, repeal or replace a development plan for an area and it appears to the Department that the issues involved are not of sufficient importance to warrant the full procedure set out in Article 5, the Department may proceed instead in accordance with this Article.

(2) The Department shall consult with the district council for the area or any part of the area to which the plan relates.

(3) The Department shall prepare the relevant documents, that is, the alteration, instrument of repeal or replacement plan, as the case may be, and shall make copies of the documents available for inspection at such place as the Department considers appropriate.

(4) Each copy of the documents made available for inspection shall be accompanied by a statement of the prescribed period within which representations or objections may be made to the Department.

(5) The Department shall then take such steps as may be prescribed for the purpose of—

(a)advertising the fact that the documents are available for inspection and the places and times at which, and period during which, they may be inspected; and

(b)inviting the making of representations or objections in accordance with regulations,

and shall consider any representations or objections made to it within the prescribed period.

[F11Independent examinationN.I.

7.—(1) The Department may cause an independent examination to be carried out by the planning appeals commission for the purpose of considering objections to a development plan or to the alteration, repeal or replacement of a development plan.

(2) Any person who makes objections to a development plan or to the alteration, repeal or replacement of a development plan shall, if he so requests, be given the opportunity to appear before and be heard by the planning appeals commission.]

F11Art. 7 substituted (17.10.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 5(1); S.R. 2006/381, art. 2

Adoption by DepartmentN.I.

8.—(1) After the expiry of the period afforded for making objections to a development plan or to the alteration, repeal or replacement of a development plan or, if such objections have been duly made within that period, after considering the objections so made, and, where [F12an independent examination] is held, the report of the planning appeals commission, the Department may by order adopt the plan, alteration, repeal or replacement in whole or in part (whether with or without modifications) or reject it.

(2) A development plan or any alteration, repeal or replacement of a development plan shall become operative on a date appointed for the purpose in the order under paragraph (1) adopting the plan or the alteration, repeal or replacement.

F12Words in art. 8(1) substituted (17.10.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 5(2); S.R. 2006/381, art. 2

Incorporation in development plans of certain orders and schemesN.I.

9.—(1) Any development plan for an area which includes land to which an order or scheme listed in paragraph (2) relates shall have effect as if the provisions of the order or scheme were included in the plan.

(2) The orders and schemes mentioned in paragraph (1) are—

(a)an order under section 1 of the [1965 c. 13 (N.I.)] New Towns Act (Northern Ireland) 1965;

(b)an order under Article[F13 14 or 15] of the Roads (Northern Ireland) Order[F13 1993];

(c)a redevelopment scheme approved under Article 49 of the [1981 NI 3] Housing (Northern Ireland) Order 1981;

(d)an enterprise zone scheme;

(e)a simplified planning zone scheme; and

(f)a development scheme adopted under Article 86.

F131993 NI 15

Regulations as to development plansN.I.

10. Without prejudice to Articles 4 to 9, the Department may make regulations with respect to—

(a)the form and content of development plans; and

(b)the procedure to be followed in connection with the making, alteration, repeal and replacement of development plans.

Prospective

[F14Sustainable developmentN.I.

10A.—(1) Where the Department or the planning appeals commission exercises any function under Article 3(1) or this Part, the Department or, as the case may be, the commission shall exercise that function with the objective of contributing to the achievement of sustainable development.

(2) For the purposes of paragraph (1) the Department and the commission shall have regard to policies and guidance issued by—

(a)the Department;

(b)the Department for Regional Development.]

F14Art. 10A inserted (prosp.) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 6

PART IVN.I.PLANNING CONTROL

N.I.“Development” and requirement of planning permission

Meaning of “development”N.I.

F611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development requiring planning permissionN.I.

F612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Development orders

Development ordersN.I.

F613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Simplified planning zone schemes

Simplified planning zonesN.I.

F614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Simplified planning zone schemes: conditions and limitations on planning permissionN.I.

F615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of simplified planning zone schemeN.I.

F616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of simplified planning zone schemeN.I.

F617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of certain descriptions of landN.I.

F618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Grant of planning permission in enterprise zones

Grant of planning permission in enterprise zonesN.I.

F619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning applicationsN.I.

Form and content of applicationsN.I.

F620. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of notices of applicationsN.I.

F621 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of applications to certain personsN.I.

F622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice requiring planning applicationN.I.

F623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against notice under Article 23N.I.

F624. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Determination of planning applications

Determination of planning applicationsN.I.

F625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15Power to decline to determine subsequent applicationN.I.

F625A.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15Arts. 25A, 25AA substituted (10.6.2006) for art. 25A by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 9(1) (with (5))

[F16Power to decline to determine overlapping applicationN.I.

F625AA.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16Arts. 25A, 25AA substituted (10.6.2006) for art. 25A by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 9(1) (with art. 9(5))

Assessment of environmental effectsN.I.

F625B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to draw attention to certain provisions for benefit of disabledN.I.

F626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditional grant of planning permissionN.I.

F627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

[F17Power to impose aftercare conditions on grant of mineral planning permissionN.I.

F627A.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17Art. 27A inserted (prosp.) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(d), 26

Permission to develop land without compliance with conditions previously attachedN.I.

F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning permission for development already carried outN.I.

F628A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 29 rep. by 2003 NI 8

Effect of planning permissionN.I.

F630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special procedure for major planning applicationsN.I.

F631 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Appeals

AppealsN.I.

F632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal in default of planning decisionN.I.

F633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Duration of planning permission

Duration of planning permissionN.I.

F634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of outline planning permissionN.I.

F635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions supplementary to Articles 34 and 35N.I.

F636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of planning permission by reference to time limitN.I.

F637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Revocation or modification of planning permission

Revocation or modification of planning permissionN.I.

F638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Additional powers of control

Orders requiring discontinuance of use or alteration or removal of buildings or worksN.I.

F639. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning agreementsN.I.

F640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification and discharge of planning agreementsN.I.

F640A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsN.I.

F640B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 41 rep. by 2003 NI 8

PART VN.I.ADDITIONAL PLANNING CONTROL

N.I.Buildings of special architectural or historic interest

Lists of buildings of special architectural or historic interestN.I.

F642. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary listing: building preservation noticesN.I.

F642A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary listing in urgent casesN.I.

F642B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lapse of building preservation noticesN.I.

F642C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of certificate that building is not intended to be listedN.I.

F643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of works for demolition, alteration or extension of listed buildingsN.I.

F644. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions supplementary to Article 44N.I.

F645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of listed building consentN.I.

F646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation or modification of listed building consentN.I.

F647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications to determine whether listed building consent requiredN.I.

F648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acts causing or likely to result in damage to listed buildingsN.I.

F649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Areas of special architectural or historic interest

Conservation areasN.I.

F650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of demolition in conservation areasN.I.

F651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants in relation to conservation areasN.I.

F652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Hazardous substances

Requirement of hazardous substances consentN.I.

F653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for hazardous substances consentN.I.

F654. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of applications for hazardous substances consentN.I.

F655. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special procedure for major applicationsN.I.

F656. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsN.I.

F657. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of hazardous substances consent without compliance with conditions previously attachedN.I.

F658. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation or modification of hazardous substances consentN.I.

F659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of hazardous substances consent and change of control of landN.I.

F660. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OffencesN.I.

F661. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EmergenciesN.I.

F662. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and safety requirementsN.I.

F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

[F18Review of mineral planning permissionsN.I.

F663A.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18Art. 63A inserted (prosp.) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(d), 27(1)

TreesN.I.

Duty of Department in relation to treesN.I.

F664. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tree preservation ordersN.I.

F665. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisional tree preservation ordersN.I.

F665A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacement of treesN.I.

F665B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalties for contravention of tree preservation ordersN.I.

F666. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preservation of trees in conservation areasN.I.

F666A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to disapply Article 66AN.I.

F666B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AdvertisementsN.I.

Control of advertisementsN.I.

F667. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIN.I.ENFORCEMENT

[F19Introductory]N.I.

F192003 NI 8

Expressions used in connection with enforcementN.I.

F667A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limitsN.I.

F667B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20Planning contravention notices]N.I.

F202003 NI 8

Power to require information about activities on landN.I.

F667C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalties for non-compliance with planning contravention noticeN.I.

F667D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21Temporary stop notices]N.I.

F21Arts. 67E-67G and preceding cross heading inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 13(1)

Temporary stop noticeN.I.

F667E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary stop notice: restrictionsN.I.

F667F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary stop notice: offencesN.I.

F667G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement noticesN.I.

Issue of enforcement noticeN.I.

F668. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents and effect of enforcement noticeN.I.

F668A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation and withdrawal of enforcement noticesN.I.

F668B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against enforcement noticeN.I.

F669. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against enforcement notice-general supplementary provisionsN.I.

F670. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against enforcement notice – supplementary provisions relating to planning permissionN.I.

F671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence where enforcement notice not complied withN.I.

F672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stop further development pending proceedings on enforcement noticeN.I.

F673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution and cost of works required by enforcement noticeN.I.

F674. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of planning permission, etc., on enforcement or breach of condition noticeN.I.

F675. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement notice to have effect against subsequent developmentN.I.

F676. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22Breach of condition]N.I.

F222003 NI 8

Enforcement of conditionsN.I.

F676A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23Injunctions]N.I.

F232003 NI 8

InjunctionsN.I.

F676B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Listed buildingsN.I.

Listed building enforcement noticesN.I.

F677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against listed building enforcement noticeN.I.

F678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of listed building consent on listed building enforcement noticeN.I.

F679. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Urgent works to preserve buildingN.I.

F680. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hazardous substancesN.I.

Hazardous substances contravention noticeN.I.

F681. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of hazardous substances contravention noticesN.I.

F681A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TreesN.I.

Enforcement of duties as to replacement of treesN.I.

F682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against Article 82 noticesN.I.

F682A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution and cost of works required by Article 82 noticeN.I.

F682B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of controls as respects trees in conservation areasN.I.

F682C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuance ordersN.I.

Enforcement of orders under Article 39N.I.

F683. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24Certificate of lawful use or development]N.I.

F242003 NI 8

Certificate of lawfulness of existing use or developmentN.I.

F683A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of lawfulness of proposed use or developmentN.I.

F683B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates under Articles 83A and 83B: supplementary provisionsN.I.

F683C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OffencesN.I.

F683D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusal or failure to give decision on applicationN.I.

F683E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions as to appeals under Article 83EN.I.

F683F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AdvertisementsN.I.

Enforcement of advertisement controlN.I.

F684. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25Rights of entry for enforcement purposes]N.I.

F252003 NI 8

Rights to enter without warrantN.I.

F684A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to enter under warrantN.I.

F684B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of entry: supplementary provisionsN.I.

F684C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of entry for enforcement purposes: Crown landN.I.

F684D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIIN.I.DEVELOPMENT SCHEMES AND ACQUISITION OF LAND

Development schemesN.I.

85 .F26 Where the Department considers it expedient that any area should be developed, redeveloped or improved as a whole the Department may, after consultation with the appropriate district council, prepare a development scheme defining, by reference to a map, the area of the scheme and indicating in general terms the manner in which it is intended that the area should be laid out and the land therein used.

F26functions transferred SR 1999/481

[F27Power of Department to survey land for purposes of this PartN.I.

85A The Department may undertake, or cause to be undertaken, such surveys or studies as it may consider necessary for the purposes of this Part, including surveys or studies relating to any of the following matters—

(a)the physical and economic characteristics of any area, including the purposes for which land is used;

(b)the size, composition and distribution of the population of an area;

(c)the communications, transport system and traffic of an area;

(d)any changes in relation to the foregoing matters and the effect which the changes are likely to have on the development of Northern Ireland or any part thereof or the planning of that development.]

F27Art. 85A inserted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 56 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Adoption of development schemesN.I.

86 .F28—(1) The Department shall not adopt a development scheme under paragraph (2) or (3) until it has published in two successive weeks in one or more newspapers circulating in the locality to which the scheme relates a notice—

(a)describing the area to which the scheme relates and referring to the preparation of the scheme;

(b)specifying the place at which copies of the scheme may be inspected at reasonable times;

(c)stating the time (not being less than 28 days from the last of the publications of the notice) during which objections to the scheme may be sent to the Department.

(2) If—

(a)no objections are made to a development scheme; or

(b)all objections to a development scheme are withdrawn;

the Department may by order adopt the scheme with or without amendment.

(3) If objections made to a development scheme are not withdrawn the Department shall, unless it considers them to be solely of a frivolous or vexatious nature,—

(a)cause a public local inquiry to be held by the planning appeals commission; and

(b)consider any objections not withdrawn and the report of that commission;

and may thereafter by order adopt the scheme with or without amendments.

(4) The Department may at any time prepare proposals for amending an adopted development scheme in so far as it relates to the manner in which the area of the development scheme is to be laid out and the land therein used.

(5) The Department may by order adopt any proposals prepared under paragraph (4) with or without amendment and may amend the development scheme accordingly.

[F29(6) A development scheme adopted or amended under this Article must be[F30 in general conformity with] the regional development strategy.]

F28functions transferred SR 1999/481

F291999 NI 4

F302003 NI 8

Acquisition of land, etc.N.I.

Acquisition of land for planning purposesN.I.

F3187 .—(1) [F32Subject to paragraph (1A),] the Department may, by agreement or compulsorily, acquire any land where it is satisfied—

(a)that the land is required in connection with a development scheme; or

(b)that it is expedient in the public interest that the land should be held together with land so required; or

(c)that the land is required for development or redevelopment, or both, as a whole for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the redevelopment or improvement of another area as a whole; or

(d)that it is expedient to acquire the land for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

[F33(1A) The Department shall not acquire any estate in Crown land unless—

(a)it is an estate which is for the time being held otherwise than by or on behalf of the Crown; and

(b)the appropriate authority consents to the acquisition.]

(2) Where the Department in exercise of the power conferred on it by paragraph (1) desires to acquire any land otherwise than by agreement, the Department may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.

(3) Schedule 6 to the [1972 c.9 (N.I.)] Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 2, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4) The power to make a vesting order in respect of land—

(a)which is the property of a public body which has power under any transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable,

shall not, where representations objecting to the proposal to make the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal to make the vesting order has been approved by a resolution of the Assembly.

(5) Before acquiring any land under paragraph (1) the Department shall consult with the district council in whose area the land is situated.

(6) Proceedings under this Article for the acquisition of land in connection with a development scheme may be taken concurrently (so far as practicable) with proceedings required by Article 86 to be taken for the purpose of the making of an order in relation to that development scheme, so, however, that a vesting order vesting any such land in the Department shall not be made until the order adopting the development scheme has been made.

(7) The Department may appropriate land for the purposes set out in paragraph (1).

F34(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this Part any reference to the acquisition or appropriation of land for planning purposes is a reference to its acquisition or appropriation under this Article.

[F35(10) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).]

F31functions transferred SR 1999/481

F32Words in art. 87(1) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 5(2)

F33Art. 87(1A) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 5(3)

F34Art. 87(8) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F35Art. 87(10) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 27(3), Sch. 1 para. 5(4)

Modifications etc. (not altering text)

C3Arts. 87-93 applied (with modifications) (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 202(3), 254(1)(2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Compensation where unfit houses are acquired under this PartN.I.

F3688 .—(1) Where—

(a)land is acquired compulsorily or is proposed to be acquired compulsorily by the Department under this Part for the purposes of a development scheme or proposed development scheme; and

(b)that land comprises a house in respect of which, if the development scheme or proposed development scheme had been a redevelopment scheme under Chapter III of Part III [of the 1981 NI 3] Housing (Northern Ireland) Order 1981 in the opinion of the Department, compensation would be, or would have been, payable in accordance with Article 91 of that Order (compensation for certain land restricted to site value);

the Department may, subject to paragraph (2), make an order, in such form as may be prescribed, declaring the house to be a house to which that Article applies.

(2) Before making an order under this Article, the Department shall serve notice of its intention to make the order and stating the effect of the proposed order on the owner and occupier of the house affected and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service thereof) any person on whom the notice is served so desires, the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission.

(3) Where the Department makes an order under this Article it shall serve a notice on any person mentioned in paragraph (2) stating the general effect of the order.

F36functions transferred SR 1999/481

Modifications etc. (not altering text)

Appropriation of land held for planning purposesN.I.

F3789 . Where any land acquired or appropriated by the Department for planning purposes is for the time being held by the Department for those purposes, the Department may appropriate the land for any purpose for which it is or may be authorised in any capacity to acquire land under any transferred provision.

F37functions transferred SR 1999/481

Modifications etc. (not altering text)

Disposal of land held for planning purposesN.I.

F3890 .—(1) Where any land acquired or appropriated by the Department for planning purposes is for the time being held by the Department for those purposes, the Department may dispose of the land to such person as may appear to it to be expedient in order to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out thereon, whether by itself or by any other person, or to secure the erection, construction or carrying out thereon of any buildings or works appearing to it to be needed for the proper planning of the area in which the land is situated.

(2) The Department shall dispose of any land under this Article so as to secure, so far as may be practicable, to persons who were living or carrying on business or other activities on any such land, who desire to obtain accommodation on such land and who are willing to comply with any requirements of the Department as to the development and use of such land, an opportunity to obtain thereon accommodation suitable to their reasonable requirements.

(3) Section 5 of the [1933 c. 6 (N.I.)] Stormont Regulation and Government Property Act (Northern Ireland) 1933 (which contains provisions with respect to the disposal of land by government departments) shall not apply to the disposal of any land under this Article.

F38functions transferred SR 1999/481

Modifications etc. (not altering text)

Development of land held for planning purposesN.I.

F3991 .—(1) The Department may erect, construct or carry out any building or work on any land to which this Article applies.

(2) The Department may enter into an agreement with any person for the development of any land to which this Article applies.

(3) The Department may repair, maintain and insure any buildings or works on land to which this Article applies, and generally deal therewith in a proper course of management.

(4) This Article applies to any land which has been acquired or appropriated by the Department for planning purposes and is for the time being held by it for those purposes.

F39functions transferred SR 1999/481

Modifications etc. (not altering text)

[F40Powers of Department before the acquisition of land for planning purposesN.I.

91A—(1) Where the Department proposes to acquire land compulsorily for planning purposes it may, at any time after the date of the publication of the notice mentioned in paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland) Act 1972 (as applied by Article 87(3))) in relation to that land—

(a)enter into an agreement with any person for securing the disposal of the land (in accordance with Article 90) after that land has been acquired for planning purposes;

(b)exercise the power under paragraph (2) of Article 91 in relation to the land as if the land were land to which that Article applies.]

F402003 NI 8

Modifications etc. (not altering text)

Recovery of possession of premises let by DepartmentN.I.

F4192 . On the termination of any tenancy of any premises let by the Department under Article 90 possession of the premises may (without prejudice to any other method of recovery) be recovered by the Department in a summary manner under Articles 67 to 74 of the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981 whatever may be the rent or term of the tenancy.

F41functions transferred SR 1999/481

Modifications etc. (not altering text)

Supplementary provisionsN.I.

F4293 . Where the Department proposes to acquire land for planning purposes by means of a vesting order, the Department may disregard any objection to the proposed order which, in the opinion of the Department, amounts in substance to an objection to the provisions of the [F43local development plan] defining the proposed use of that or any other land.

F42functions transferred SR 1999/481

F43Words in art. 93 substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 57 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Modifications etc. (not altering text)

F44PART VIIIN.I.PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS

F44Pt. VIII repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Service of purchase noticeN.I.

F4494. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase notices: Crown landN.I.

F4494A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Action by Department following service of purchase noticeN.I.

F4495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further ground of objection to purchase noticeN.I.

F4496. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference of counter-notices to Lands TribunalN.I.

F4497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of valid purchase noticeN.I.

F4498. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provision as to compensation under this PartN.I.

F4499. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IXN.I.ROADS

Orders extinguishing right to use vehicle on roadN.I.

100 .F45—(1) The Department may, for the purpose of improving the amenity of any area, by order provide for the extinguishment of any right which persons may have to use vehicles on a road, being a road other than a trunk road or a special road.

(2) An order under paragraph (1) may include such provision as the Department thinks fit for permitting the use on the road of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that paragraph; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(3) No provision contained in, or having effect under, any transferred provision, being a provision prohibiting or restricting the use of footpaths, shall affect any use of a vehicle on a road in relation to which an order made under paragraph (1) has effect, where the use is permitted in accordance with provisions of the order included by virtue of paragraph (2).

(4) Where an order is made under paragraph (1) the Department shall place or cause to be placed on or near the road to which the order relates such traffic signs as are necessary—

(a)to warn traffic that the road is subject to the restrictions or prohibitions specified in the order;

(b)to indicate the nature and extent of those restrictions or prohibitions.

(5) Any person who uses a vehicle or causes or permits a vehicle to be used in contravention of an order made under paragraph (1) shall be guilty of an offence under the[F46 Road Traffic Regulation (Northern Ireland) Order 1997] and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Where the Department revokes an order under paragraph (1), the effect of the order shall be to reinstate any right to use vehicles on the road, being a right which was extinguished by virtue of the order under that paragraph.

(7) Any order made under this Article may contain provisions for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the road to which the order relates.

(8) This Article shall have effect without prejudice to—

(a)any power conferred on the Department under any other enactment to authorise the stopping up or diversion of a road; or

(b)Article 102.

(9) In this Article “traffic sign” and “vehicle” have the same meanings as in the[F46 Road Traffic Regulation (Northern Ireland) Order 1997].

F45functions transferred SR 1999/481

F461997 NI 2

Provision of amenity for road reserved to predestriansN.I.

101 .F47—(1) Where in relation to a road an order has been made under Article 100, the Department may carry out and maintain any such works on or in the road, or place on or in it any such objects or structures, as appear to it—

(a)to be expedient for the purposes of—

(i)giving effect to the order;

(ii)enhancing the amenity of the road and its immediate surroundings; or

(iii)providing a service for the benefit of the public or a section of the public; or

(b)to be otherwise desirable for a purpose beneficial to the public.

(2) The powers exercisable by the Department under this Article shall extend to—

(a)laying out any part of the road with lawns, trees, shrubs and flower beds;

(b)providing toilet facilities and facilities for recreation or refreshment;

(c)providing trading kiosks and deriving income therefrom; and

(d)providing directional maps or plans.

[F48(2A) The Department may sell, let or otherwise dispose of any trading kiosk placed by it in a road under this Article to any other person.]

(3) The Department may so exercise its powers under this Article as to restrict the access of the public to any part of the road, but shall not so exercise them as—

(a)to prevent persons from entering the road at any place where they could enter it before the order under Article 100 was made; or

(b)to prevent the passage of the public along the road; or

(c)to prevent normal access by pedestrians to premises adjoining the road; or

(d)to prevent any use of vehicles which is permitted by an order made under that Article and applying to the road; or

(e)to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the road.

(4) An order under Article 100(6) may make provision requiring the removal of any obstruction of the road resulting from the exercise by the Department of its powers under this Article.

(5) A district council may, with the consent of the Department, exercise any of the powers of the Department under this Article.

F47functions transferred SR 1999/481

F481993 NI 15

Extinguishment of public rights of wayN.I.

102 .F49—(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by the Department for the purposes for which it was acquired or appropriated, the Department may by order extinguish any public right of way over the land where it is satisfied that the extinguishment of the right of way is necessary for the proper development of the land.

(2) In this Article any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with Article 87(9) as if this Article were in Part VII.

F49functions transferred SR 1999/481

Procedure for making orders under Article 100 or 102N.I.

F50103.—(1) Before making an order under Article 100 or 102 the Department shall publish in at least one newspaper circulating in the relevant area a notice—

(a)stating the general effect of the order;

(b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person at all reasonable hours during a period of 28 days from the date of publication of the notice; and

(c)stating that, within that period, any person may by notice to the Department object to the making of the order.

(2) Not later than the date on which that notice is so published, the Department shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on—

(a)every district council in whose area any land to which the order relates is situated;

(b)any gas [F51electricity, water or sewerage] undertakers having any cables, mains, pipes, or wires laid along, across, under or over any land over which a right of way is to be extinguished, under the order; and

(c)the operator of[F52 an electronic communications code network] for the purposes of which any[F52 electronic communications apparatus] is kept installed along, across, under or over any such land.

(3) The Department may cause a public local inquiry to be held by the planning appeals commission to hear objections to the proposed order.

(4) After considering any objections to the order which are not withdrawn and, where a public local inquiry is held, the report of the planning appeals commission, the Department may make the order either without modification or subject to such modifications as it thinks fit.

(5) Where the Department makes an order under Article 100 or 102 the Department shall publish, in the manner specified in paragraph (1), a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and paragraph (2) shall have effect in relation to any such notice as it has effect in relation to a notice under paragraph (1).

(6) In this Article “the relevant area”, in relation to an order, means the area in which any land to which the order relates is situated.

F50functions transferred SR 1999/481

F51Words in art. 103(2) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 29(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F522003 c. 21

Modifications etc. (not altering text)

C4Arts. 103, 104 applied by Laganside Development (Northern Ireland) Order 1989 (S.I. 1989/490 (N.I. 2)), art. 20(6) (as substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(8)(b))

[F53Electronic communications apparatus]N.I.

F54104.—(1) Where an order is made under Article 102 and immediately before the date on which the order became operative there was, under, in, on, over, along or across the right of way any[F53 electronic communications apparatus] kept installed for the purposes of[F53 an electronic communications code network], the operator of that[F53 network] shall have the same powers in respect of that apparatus as if the order had not become operative; but the Department shall be entitled to require the alteration of the apparatus.

(2) If the operator of[F53 an telecommunications code network] removes any[F53 electronic communications apparatus] in circumstances in which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall be entitled to recover from the Department the expense of providing in substitution for the apparatus and any[F53 electronic communications apparatus] connected therewith which is rendered useless in consequence of the removal, any[F53 electronic communications apparatus] in such other place as the operator may require.

(3) [F55Paragraph 108(2)] of the[F53 electronic communications code] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purpose of that code.

(4) [F56Part 6] of the[F53 electronic communications code] (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any[F53 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.

F57[F58[(5) The Communications Act 2003 and the electronic communications code set out in Schedule 3A to that Act apply for the interpretation of this Article and paragraph (2)(c) of Article 103 as it applies for the interpretation of that Act and that code.]]

F532003 c. 21

F54functions transferred SR 1999/481

F55Words in art. 104(3) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(a)

F56Words in art. 104(4) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(b)

F57Art. 104(5) repealed (25.7.2003 for specified transitional purposes and 29.12.2003 for further specified purposes otherwise prosp.) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19 (with Sch. 18); S.I. 2003/1900, Sch. 1 (with arts. 3,4,5,6); S.I. 2003/3142, art. 3(2)

F58Art. 104(5) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c)

Modifications etc. (not altering text)

C5Arts. 103, 104 applied by Laganside Development (Northern Ireland) Order 1989 (S.I. 1989/490 (N.I. 2)), art. 20(6) (as substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(8)(b))

F59PART XN.I.FURTHER PROVISIONS AS TO HISTORIC BUILDINGS

F59Pt. X repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Historic Buildings CouncilN.I.

F59105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants and loans for preservation or acquisition of listed buildingsN.I.

F59106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition of listed buildings by agreementN.I.

F59107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acceptance by Department of endowments in respect of listed buildingsN.I.

F59108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory acquisition of listed buildingsN.I.

F59109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XlN.I.THE PLANNING APPEALS COMMISSION

The Planning Appeals CommissionN.I.

F60110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Pt. XI repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Procedure of appeals commissionN.I.

F61111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61Pt. XI repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

PART XIIN.I.APPLICATION OF ORDER TO SPECIAL CASES

MineralsN.I.

F62112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62Art. 112 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Crown landN.I.

[F63Application to the CrownN.I.

112A.—(1) This Order (except Articles 74, 76B, 80 and 82B) binds the Crown.

(2) But paragraph (1) is subject to express provision made by the following provisions of this Part.

F63Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Enforcement in relation to the CrownN.I.

112B.—(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Order.

F64(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

F64Arts. 112B(2)-(7) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

References to an estate in landN.I.

112C.—(1) Paragraph (2) applies to the extent that an estate in land is a Crown estate.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the estate in land shall be done by or in relation to the appropriate authority.

(3) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this Article as having an estate in that land.

F63Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Applications for planning permission, etc. by CrownN.I.

F65112D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65Art. 112D repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Service of notices on the CrownN.I.

112E.—(1) Any notice or other document required under this Order to be served on the Crown shall be served on the appropriate authority.

(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) does not apply for the purposes of the service of such a notice or document.

(3) “Appropriate authority” shall be construed in accordance with Article 118(1).]

F63Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Application to Crown landN.I.

113. F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66Art. 113 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 8, Sch. 5

Application for planning permission, etc. in anticipation of disposal of Crown landN.I.

114. F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67Art. 114 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 8, Sch. 5

Tree preservation orders in anticipation of disposal of Crown landN.I.

115. F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68Art. 115 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 9(1), Sch. 5 (with Sch. 1 para. 9(2))

Control of development on Crown landN.I.

116. F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69Art. 116 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 10(1), Sch. 5 (with Sch. 1 para. 10(2)

Requirement of planning permission for continuance of use instituted by CrownN.I.

117. F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70Art. 117 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 11(1), Sch. 5 (with Sch. 1 para. 11(2))

Interpretation of Part XIIN.I.

118.—(1) In this Part—

“the appropriate authority”, in relation to any land, means—
(a)
in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
(b)
in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;
(c)
in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that government department;
“conservation area consent” means consent under Article 51;
[F71“Crown estate” means any of the following—
(a)
an estate belonging to Her Majesty in right of the Crown;
(b)
an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
(c)
such other estate as the Department may specify by order subject to affirmative resolution;]
“Crown land” means land in which there is a Crown estate;
“government department” means a department of the Government of the United Kingdom or a Northern Ireland department;
“private estate” means an estate which is not a Crown estate.

[F72(1A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no estate a reference to the appropriate authority must be construed as a reference to the person who makes the application.]

(2) In this Part references to the disposal of an estate in Crown land include references to the grant of an estate in such land.

(3) F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71Art. 118(1): definition of "Crown estate" substituted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 12(2)

F72Art. 118(1A) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 12(3)

F73Art. 118(3) repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 12(4), Sch. 5

PART XlllN.I.MISCELLANEOUS AND SUPPLEMENTARY

Grants for research and bursariesN.I.

F74119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74Art. 119 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Grants to bodies providing assistance in relation to certain development proposalsN.I.

F75120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75Art. 120 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Rights of entryN.I.

121 .F76—(1) Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose—

(a)of surveying it in connection with—

F77(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the preparation, adoption or amendment of a development scheme relating to the land under Part VII;

F78(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sub-para. (e) rep. by 2003 NI 8

(2) Any member of the planning appeals commission may at any reasonable time enter any land for the purpose of surveying it in connection with the exercise of the functions of the commission under this Order.

(3) Any person, being an officer of the Valuation Office of the Department of Finance and Personnel or a person duly authorised in writing by the Department, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with—

(a)any proposal to acquire that land or any other land under this Order or any claim for compensation in respect of any such acquisition;

F80(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any power conferred by this Article to survey land shall be construed as conferring power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein, but a person shall not carry out any works authorised by virtue of this paragraph unless notice of his intention to do so was included in the notice required by Article 122(1)(b).

[F81(5) Where it is proposed to search or bore in pursuance of paragraph (4) in a street within the meaning of the Street Works (Northern Ireland) Order 1995—

(a)Article 15 of that Order (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works;

(b)Article 29 of that Order (requirements to be complied with where works likely to affect another person's apparatus in the street); and

(c)Article 42 of that Order (liability for damage or loss caused),

have effect in relation to the searching or boring as if they were street works within the meaning of that Order.]

F76functions transferred SR 1999/481

F77Art. 121(1)(a)(i)(ii) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F78Art. 121(1)(a)(iv)(v) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F79Art. 121(1)(b)(c)(d) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F80Art. 121(3)(b) repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F811995 NI 19

Supplementary provisions as to powers of entryN.I.

122 .F82—(1) A person authorised or permitted under Article 121 to enter upon any land—

(a)shall, if so required, produce evidence of his authority or of his appointment as a member of the planning appeals commission[F83 and state the purpose of his entry] before so entering;

(b)shall not demand admission as of right to any land which is occupied unless three days' notice of the intended entry has been given to the occupier.

(2) Any person who wilfully obstructs a person acting in the exercise of his powers under Article 121 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If any person who, in compliance with Article 121, is admitted into a factory, workshop or work place discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the survey or estimate for which he was authorised to enter the[F83 land], be guilty of an offence and liable —

[F83(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.]

(4) Where any property is damaged in the exercise of a right of entry conferred under Article 121, or in the making of a survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the property from the Department.

(5) Any question of disputed compensation recoverable under paragraph (4) shall be determined by the Lands Tribunal.

F82functions transferred SR 1999/481

F832003 NI 8

[F84Supplementary provisions as to powers of entry: Crown landN.I.

122A.—(1) Article 121 applies to Crown land subject to the following modifications.

(2) A person shall not enter Crown land unless he has the relevant permission.

(3) Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it; or

(b)the appropriate authority.

(4) In paragraph (4) the words from “, but a person” to the end of that paragraph shall be omitted.

(5) Article 122 does not apply to anything done by virtue of this Article.

(6) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).]

F84Art. 122A inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 4

Local inquiriesN.I.

F85123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85Art. 123 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Inquiries to be held in public subject to certain exceptionsN.I.

F86123A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86Art. 123A repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

National securityN.I.

F87123B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87Art. 123B repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Planning registerN.I.

F88124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88Art. 124 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Information as to estates in landN.I.

125 .F89—(1) For the purpose of enabling the Department to make an order or issue or serve a notice or other document which by any of the provisions of this Order it is authorised or required to make, issue or serve, the Department may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give in writing within 21 days after the date on which the notice is served, or such longer time as may be specified in the notice or as the Department may allow, such information as to the matters mentioned in paragraph (2) as may be specified.

(2) The matters referred to in paragraph (1) are—

(a)the nature of the estate in the premises of the person on whom the notice is served;

(b)the name and [F90postal] address of any other person known to that person as having an estate in the premises;

(c)the purpose for which the premises are being used;

(d)the time when that use began;

(e)the name and [F91postal] address of any person known to the person on whom the notice is served as having used the premises for that purpose; and

(f)the time when any activities being carried out on the premises began.

(3) Any person who, without reasonable excuse, fails to comply with a notice served on him under paragraph (1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Any person who having been required by a notice under paragraph (1) to give any information knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable

[F92(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.]

F89functions transferred SR 1999/481

F90Word in art. 125(2)(b) inserted (1.8.2006) by Planning (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/276), art. 5(2)(b)

F91Word in art. 125(2)(e) inserted (1.8.2006) by Planning (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/276), art. 5(2)(b)

F922003 NI 8

[F93Information as to estates in Crown landN.I.

125A.—(1) This Article applies to an estate in Crown land which is not a private estate.

(2) Article 125 does not apply to an estate to which this Article applies.

(3) For a purpose mentioned in Article 125(1) the Department may request the appropriate authority to give it such information as to the matters mentioned in Article 125(2) as the Department specifies in the request.

(4) The appropriate authority shall comply with a request under paragraph (3) except to the extent—

(a)that the matter is not within the knowledge of the authority, or

(b)that to do so will disclose information [F94as to national security or the measures taken or to be taken to ensure the security of any premises or property] .

(5) Expressions used in this Article and in Part XII shall be construed in accordance with that Part.]

F93Art. 125A inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 13

F94Words in art. 125A(4)(b) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 58 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Power to appoint advisory bodies or committeesN.I.

F95126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95Arts. 126-129 repealed (1.4.2015 except for the repeal of art. 129(1) for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

[F96Fees and charges]N.I.

F95127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Art. 127 substituted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 16

Time limit for certain summary offences under this OrderN.I.

F95128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and ordersN.I.

F95129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisionN.I.

130 .F97—(1) Any expenses incurred by the Department under this Order shall be defrayed either out of moneys hereafter appropriated for the purposes of defraying such expenses or, if the Department of Finance and Personnel so directs, by means of sums charged on and issued out of the Consolidated Fund.

(2) The Department of Finance and Personnel may borrow moneys for the purpose of providing money for issues out of the Consolidated Fund under paragraph (1).

(3) Any money borrowed under paragraph (2) shall be repaid within any period or periods not exceeding 25 years from the date of borrowing, and provision for such repayment may be made out of moneys thereafter appropriated for that purpose.

F97functions transferred SR 1999/481

Registration of matters in Statutory Charges RegisterN.I.

F98131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98Art. 131 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Transitional provisionsN.I.

F99132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99Art. 132 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Article 133—Amendments and repeals

SCHEDULES

Article 45(6).

F100SCHEDULE 1N.I.LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100Sch. 1 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Prospective

F101SCHEDULE 1AN.I.REVIEW OF OLD MINERAL PLANNING PERMISSIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101Sch. 1A repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) (Sch. 1A was inserted (prosp.) by The Planning Reform (Northern Ireland) Order (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(d), 27(2), Sch. 3 and was never in operation.)

Prospective

F102SCHEDULE 1BN.I.PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102Sch. 1B repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2) (Sch. 1B was inserted (prosp.) by The Planning Reform (Northern Ireland) Order (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(d), 27(2), Sch. 3 and was never in operation.)

Article 87(3).

SCHEDULE 2N.I.MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 87(3)

1. References to the Ministry or to the council shall be construed as references to the Department within the meaning of this Order.N.I.

2. References to Schedule 6 to the [1972 c. 9 (N.I.)] Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule.N.I.

3. Omit paragraph 1 of that Schedule.N.I.

4. In paragraph 2 of that Schedule—N.I.

(a)for the words “Notice of the application” substitute the words “ Notice of the Department's intention to acquire the land compulsorily ”;

(b)omit the words “in such form and manner as the Ministry directs”;

(c)in sub-paragraph (c) for the words “as may be prescribed” substitute the words “ as the Department considers fit ”.

5. In paragraph 3(1)(b) after the word “held” insert the words “ by the planning appeals commission or by any other person ”.N.I.

6. In paragraph 4 omit the words from “and may provide” onwards.N.I.

7. In paragraph 5—N.I.

(a)in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order;

(c)in sub-paragraph (1)(d) omit the words “in the prescribed form”;

(d)in sub-paragraph (2) for the words “as may be prescribed” substitute the words “ as the Department considers fit ”.

8. in paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute the words “ Consolidated Fund ” and for the words “out of the compensation fund” substitute the words “ ;made by the Department ”.N.I.

9. In paragraph 11(3) omit the words “in the prescribed form”.N.I.

10. In paragraph 12—N.I.

(a)in sub-paragraph (1) omit the words “such” and “as may be prescribed”;

(b)in sub-paragraph (2) for the words from “clerk” to “directs” substitute the words “ Department as correct, and publish ”.

11. In paragraph 14(1) omit the words “in the prescribed form”.N.I.

12. In paragraph 15(1) for the words “in the prescribed form” substitute the words “ in such form as may be approved by the Department ”.N.I.

13. Omit paragraph 19.N.I.

14. Omit paragraph 20(2).N.I.

Article 105(3).

F103SCHEDULE 3N.I.THE HISTORIC BUILDINGS COUNCIL

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103Sch. 3 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Article 132.

SCHEDULE 4N.I.TRANSITIONAL PROVISIONS

F1041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F104Sch. 4 repealed (1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F1042. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F1043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

4. F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F105Sch. 4 para. 4 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 28(2), Sch. 5

F1045. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F1046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F1047. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

N.I.

Schedule 5—Amendments;

N.I.

Schedule 6—Repeals

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The Planning (Northern Ireland) Order 1991

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1991 No. 1220 (N.I. 11)

The Planning (Northern Ireland) Order 1991

PART IN.I.INTRODUCTORY

Title and commencementN.I.

InterpretationN.I.

Service of Notices and DocumentsN.I.

PART IIN.I.FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND

General functions of Department of the Environment with respect to development of landN.I.

[F7Statement of community involvementN.I.

PART IIIN.I.DEVELOPMENT PLANS

Development plansN.I.

Publicity and consultationN.I.

Publicity and consultation-short procedure for certain alterations, etc.N.I.

[F11Independent examinationN.I.

Adoption by DepartmentN.I.

Incorporation in development plans of certain orders and schemesN.I.

Regulations as to development plansN.I.

[F14Sustainable developmentN.I.

PART IVN.I.PLANNING CONTROL

N.I.“Development” and requirement of planning permission

Meaning of “development”N.I.

Development requiring planning permissionN.I.

N.I.Development orders

Development ordersN.I.

N.I.Simplified planning zone schemes

Simplified planning zonesN.I.

Simplified planning zone schemes: conditions and limitations on planning permissionN.I.

Duration of simplified planning zone schemeN.I.

Alteration of simplified planning zone schemeN.I.

Exclusion of certain descriptions of landN.I.

N.I.Grant of planning permission in enterprise zones

Grant of planning permission in enterprise zonesN.I.

Planning applicationsN.I.

Form and content of applicationsN.I.

Publication of notices of applicationsN.I.

Notification of applications to certain personsN.I.

Notice requiring planning applicationN.I.

Appeal against notice under Article 23N.I.

N.I.Determination of planning applications

Determination of planning applicationsN.I.

[F15Power to decline to determine subsequent applicationN.I.

[F16Power to decline to determine overlapping applicationN.I.

Assessment of environmental effectsN.I.

Duty to draw attention to certain provisions for benefit of disabledN.I.

Conditional grant of planning permissionN.I.

[F17Power to impose aftercare conditions on grant of mineral planning permissionN.I.

Permission to develop land without compliance with conditions previously attachedN.I.

Planning permission for development already carried outN.I.

Effect of planning permissionN.I.

Special procedure for major planning applicationsN.I.

N.I.Appeals

AppealsN.I.

Appeal in default of planning decisionN.I.

N.I.Duration of planning permission

Duration of planning permissionN.I.

Duration of outline planning permissionN.I.

Provisions supplementary to Articles 34 and 35N.I.

Termination of planning permission by reference to time limitN.I.

N.I.Revocation or modification of planning permission

Revocation or modification of planning permissionN.I.

N.I.Additional powers of control

Orders requiring discontinuance of use or alteration or removal of buildings or worksN.I.

Planning agreementsN.I.

Modification and discharge of planning agreementsN.I.