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The Planning(Northern Ireland) Order 1991


This is the original version (as it was originally made).

Grant of planning permission in enterprise zones

19.—(1) An order designating an enterprise zone under the 1981 Order shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.

(2) The adoption of a modified scheme under Article 4 of the 1981 Order (as applied by Article 10(2) of that Order) shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme or for development of any class to specified.

(3) Planning permission granted by virtue of this Article shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.

(4) Where planning permission is so granted for any development or class of development, the Department may direct that the permission shall not apply in relation to—

(a)a specified development; or

(b)a specified class of development; or

(c)a specified class of development in a specified area within the enterprise zone.

(5) If the scheme or the modified scheme specifies matters, in relation to any development it permits, which will require approval by the Department, the permission shall have effect accordingly.

(6) The Department may by regulations make provision—

(a)as to the procedure for giving a direction under paragraph (4);

(b)as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in paragraph (5), and such regulations may modify any provision of this Order other than this Article.

(7) Notwithstanding paragraphs (1) to (6), planning permission may be granted under any other provision of this Part in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under this Part or by a development order).

(8) Modifications to a scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the effective date of modification.

(9) Upon an area ceasing to be an enterprise zone planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

(10) Paragraphs (2) to (6) of Article 37 shall apply to planning permission under the scheme where development has been begun but not completed by the time the area ceases to be an enterprise zone.

(11) Article 36(1) shall apply in determining for the purposes of this Article when development shall be taken to be begun.

(12) Nothing in this Article prejudices the right of any person to carry out development apart from this Article.

(13) In this Article “the 1981 Order” means the Enterprise Zones (Northern Ireland) Order 1981 and other expressions used in this 1981 NI 15 Article and in that Order have the same meaning in this Article as in that Order.

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