The Planning(Northern Ireland) Order 1991

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND

   1. 3. General functions of Department of the Environment with respect to development of land

4. PART III DEVELOPMENT PLANS

   1. 4. Development plans

   2. 5. Publicity and consultation

   3. 6. Publicity and consultation-short procedure for certain alterations, etc.

   4. 7. Inquiries relating to development plans

   5. 8. Adoption by Department

   6. 9. Incorporation in development plans of certain orders and schemes

   7. 10. Regulations as to development plans

5. PART IV PLANNING CONTROL

   1. “Development” and requirement of planning permission

      1. 11. Meaning of “development”

      2. 12. Development requiring planning permission

   2. Development orders

      1. 13. Development orders

   3. Simplified planning zone schemes

      1. 14. Simplified planning zones

      2. 15. Simplified planning zone schemes: conditions and limitations on planning permission

      3. 16. Duration of simplified planning zone scheme

      4. 17. Alteration of simplified planning zone scheme

      5. 18. Exclusion of certain descriptions of land

   4. Grant of planning permission in enterprise zones

      1. 19. Grant of planning permission in enterprise zones

   5. Planning applications

      1. 20. Form and content of applications

      2. 21. Publication of notices of applications

      3. 22. Notification of applications to certain persons

      4. 23. Notice requiring planning application

      5. 24. Appeal against notice under Article 23

   6. Determination of planning applications

      1. 25. Determination of planning applications

      2. 26. Duty to draw attention to certain provisions for benefit of disabled

      3. 27. Conditional grant of planning permission

      4. 28. Permission to develop land without compliance with conditions previously attached

      5. 29. Permission to retain buildings, etc.

      6. 30. Effect of planning permission

      7. 31. Special procedure for major planning applications

   7. Appeals

      1. 32. Appeals

      2. 33. Appeal in default of planning decision

   8. Duration of planning permission

      1. 34. Duration of planning permission

      2. 35. Duration of outline planning permission

      3. 36. Provisions supplementary to Articles 34 and 35

      4. 37. Termination of planning permission by reference to time limit

   9. Revocation or modification of planning permission

      1. 38. Revocation or modification of planning permission

   10. Additional powers of control

       1. 39. Orders requiring discontinuance of use or alteration or removal of buildings or works

       2. 40. Agreements facilitating, regulating or restricting development or use of land

   11. Determination whether planning permission required

       1. 41. Applications to determine whether planning permission required

6. PART V ADDITIONAL PLANNING CONTROL

   1. Buildings of special architectural or historic interest

      1. 42. Lists of buildings of special architectural or historic interest

      2. 43. Issue of certificate that building is not intended to be listed

      3. 44. Control of works for demolition, alteration or extension of listed buildings

      4. 45. Provisions supplementary to Article 44

      5. 46. Duration of listed building consent

      6. 47. Revocation or modification of listed building consent

      7. 48. Applications to determine whether listed building consent required

      8. 49. Acts causing or likely to result in damage to listed buildings

   2. Areas of special architectural or historic interest

      1. 50. Conservation areas

      2. 51. Control of demolition in conservation areas

      3. 52. Grants in relation to conservation areas

   3. Hazardous substances

      1. 53. Requirement of hazardous substances consent

      2. 54. Applications for hazardous substances consent

      3. 55. Determination of applications for hazardous substances consent

      4. 56. Special procedure for major applications

      5. 57. Appeals

      6. 58. Grant of hazardous substances consent without compliance with conditions previously attached

      7. 59. Revocation or modification of hazardous substances consent

      8. 60. Effect of hazardous substances consent and change of control of land

      9. 61. Offences

      10. 62. Emergencies

      11. 63. Health and safety requirements

   4. Trees

      1. 64. Duty of Department in relation to trees

      2. 65. Tree preservation orders

      3. 66. Penalties for contravention of tree preservation orders

   5. Advertisements

      1. 67. Control of advertisements

7. PART VI ENFORCEMENT

   1. Enforcement notices

      1. 68. Enforcement notices

      2. 69. Appeal against enforcement notice

      3. 70. Appeal against enforcement notice-general supplementary provisions

      4. 71. Appeal against enforcement notice-supplementary provisions relating to planning permission

      5. 72. Penalties for non-compliance with enforcement notice

      6. 73. Power to stop further development pending proceedings on enforcement notice

      7. 74. Execution and cost of works required by enforcement notice

      8. 75. Effect of planning permission on enforcement notice

      9. 76. Enforcement notice to have effect against subsequent development

   2. Listed buildings

      1. 77. Listed building enforcement notices

      2. 78. Appeal against listed building enforcement notice

      3. 79. Effect of listed building consent on listed building enforcement notice

      4. 80. Urgent works to preserve building

   3. Hazardous substances

      1. 81. Hazardous substances contravention notice

   4. Trees

      1. 82. Enforcement of duties as to replacement of trees

   5. Discontinuance orders

      1. 83. Enforcement of orders under Article 39

   6. Advertisements

      1. 84. Enforcement of advertisement control

8. PART VII DEVELOPMENT SCHEMES AND ACQUISITION OF LAND

   1. Development schemes

      1. 85. Development schemes

      2. 86. Adoption of development schemes

   2. Acquisition of land, etc.

      1. 87. Acquisition of land for planning purposes

      2. 88. Compensation where unfit houses are acquired under this Part

      3. 89. Appropriation of land held for planning purposes

      4. 90. Disposal of land held for planning purposes

      5. 91. Development of land held for planning purposes

      6. 92. Recovery of possession of premises let by Department

      7. 93. Supplementary provisions

9. PART VIII PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS

   1. 94. Service of purchase notice

   2. 95. Action by Department following service of purchase notice

   3. 96. Further ground of objection to purchase notice

   4. 97. Reference of counter-notices to Lands Tribunal

   5. 98. Effect of valid purchase notice

   6. 99. Special provision as to compensation under this Part

10. PART IX ROADS

    1. 100. Orders extinguishing right to use vehicle on road

    2. 101. Provision of amenity for road reserved to predestrians

    3. 102. Extinguishment of public rights of way

    4. 103. Procedure for making orders under Article 100 or 102

    5. 104. Telecommunication apparatus

11. PART X FURTHER PROVISIONS AS TO HISTORIC BUILDINGS

    1. 105. Historic Buildings Council

    2. 106. Grants and loans for preservation or acquisition of listed buildings

    3. 107. Acquisition of listed buildings by agreement

    4. 108. Acceptance by Department of endowments in respect of listed buildings

    5. 109. Compulsory acquisition of listed buildings

12. PART Xl THE PLANNING APPEALS COMMISSION

    1. 110. The Planning Appeals Commission

    2. 111. Procedure of appeals commission

13. PART XII APPLICATION OF ORDER TO SPECIAL CASES

    1. Minerals

       1. 112. Minerals

    2. Crown land

       1. 113. Application to Crown land

       2. 114. Application for planning permission, etc. in anticipation of disposal of Crown land

       3. 115. Tree preservation orders in anticipation of disposal of Crown land

       4. 116. Control of development on Crown land

       5. 117. Requirement of planning permission for continuance of use instituted by Crown

       6. 118. Interpretation of Part XII

14. PART Xlll MISCELLANEOUS AND SUPPLEMENTARY

    1. 119. Grants for research and bursaries

    2. 120. Grants to bodies providing assistance in relation to certain development proposals

    3. 121. Rights of entry

    4. 122. Supplementary provisions as to powers of entry

    5. 123. Local inquiries

    6. 124. Planning register

    7. 125. Information as to estates in land

    8. 126. Power to appoint advisory bodies or committees

    9. 127. Fees for planning applications

    10. 128. Time limit for certain summary offences under this Order

    11. 129. Regulations and orders

    12. 130. Financial provision

    13. 131. Registration of matters in Statutory Charges Register

    14. 132. Transitional provisions

    15. 133. Amendments and repeals

15. Signature

16. SCHEDULES

    1. SCHEDULE 1

       LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS

       1. 1. Form and content of applications

       2. 2. Publication of notices of applications

       3. 3. Notification of applications to certain persons

       4. 4. Determination of application

       5. 5. Consent to execute works without compliance with conditions previously attached

       6. 6. Effect of listed building consent

       7. 7. Appeals

       8. 8. Appeal in default of planning decision

    2. SCHEDULE 2

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

       1. 1. References to the Ministry or to the council shall be...

       2. 2. References to Schedule 6 to the Local Government Act (Northern...

       3. 3. Omit paragraph 1 of that Schedule.

       4. 4. In paragraph 2 of that Schedule— (a) for the words...

       5. 5. In paragraph 3(1)(b) after the word “held” insert the words...

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

       7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...

       8. 8. in paragraph 6(2) for the words “fund out of which...

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

       10. 10. In paragraph 12— (a) in sub-paragraph (1) omit the words...

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

       12. 12. In paragraph 15(1) for the words “in the prescribed form”...

       13. 13. Omit paragraph 19.

       14. 14. Omit paragraph 20(2).

    3. SCHEDULE 3

       THE HISTORIC BUILDINGS COUNCIL

       1. 1. The Council shall consist of a Chairman appointed by the...

       2. 2. A member of the Council shall hold office for a...

       3. 3. The Department may pay to the Chairman and members of...

       4. 4. (1) The Council shall, subject to sub-paragraph (4), appoint such...

       5. 5. The Council may regulate its own quorum and procedure and...

       6. 6. The Council shall, at such times and in respect of...

       7. 7. The secretary to the Council shall be such person as...

    4. SCHEDULE 4

       TRANSITIONAL PROVISIONS

       1. 1. Where by virtue of paragraph (1) of Article 12 of...

       2. 2. Any daily fine mentioned in this Order shall apply to...

       3. 3. Article 23 shall not apply in relation to any development...

       4. 4. —-(1) Until the end of the transitional period—

       5. 5. The right of appeal under Articles 69 and 78 conferred...

       6. 6. Article 116 shall apply to any development carried out after...

       7. 7. In this Schedule “the Amendment Order” means the Planning and...

    5. SCHEDULE 5

       AMENDMENTS

       1. The Radioactive Substances Act 1960 (c. 34)

       2. The Caravans Act (Northern Ireland) 1963 (c. 17 (N.I.))

       3. The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I))

       4. The Mineral Development Act (Northern Ireland) 1969 (c. 35 (N.I.))

       5. The Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

       6. The Planning and Land Compensation Act (Northern Ireland) 1971 (c. 23 (N. I.))

       7. The Planning (Northern Ireland) Order 1972 (NI 17)

       8. The Property (Northern Ireland) Order 1978 (NI 4)

       9. The Planning (Amendment) (Northern Ireland) Order 1978 (NI 18)

       10. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

       11. The Building Regulations (Northern Ireland) Order 1979 (NI 16)

       12. The Mineral Exploration (Northern Ireland) Order 1979 (NI 18)

       13. The Estate Agents Act 1979 (c. 38)

       14. The National Heritage Act 1980 (c. 17)

       15. The Roads (Northern Ireland) Order 1980 (NI 11)

       16. The Private Streets (Northern Ireland) Order 1980 (NI 12)

       17. The Road Traffic (Northern Ireland) Order 1981 (NI 1)

       18. The Housing (Northern Ireland) Order 1981 (NI 3)

       19. The Enterprise Zones (Northern Ireland) Order 1981 (NI 15)

       20. The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)

       21. The Civil Aviation Act 1982 (c. 16)

       22. The Land Compensation (Northern Ireland) Order 1982 (NI 9)

       23. The Value Added Tax Act 1983 (c. 55)

       24. The Dogs (Northern Ireland) Order 1983 (NI 8)

       25. The Housing (Northern Ireland) Order 1983 (NI 15)

       26. The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)

       27. The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

       28. The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)

       29. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

       30. The Registration of Clubs (Northern Ireland) Order 1987 (NI 14)

       31. The Laganside Development (Northern Ireland) Order 1989 (NI 2)

       32. The Capital Allowances Act 1990 (c. 1)

       33. The Licensing (Northern Ireland) Order 1990 (NI 6)

       34. The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 (NI 14)

    6. SCHEDULE 6

       REPEALS

17. Explanatory Note