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The Planning(Northern Ireland) Order 1991

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Determination whether planning permission required

Applications to determine whether planning permission required

41.—(1) If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined-

(a)whether the carrying out of those operations or the making of that change would constitute or involve development of the land; and

(b)if so, whether an application for planning permission in respect thereof is required under this Part, having regard to the development order and any enterprise zone scheme or simplified planning zone scheme,

he may apply to the Department to determine that question.

(2) The provisions of Articles 13, 20(1), 25(1), 32 and 33 shall, subject to any necessary modifications, apply in relation to any application under this Article, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.

(3) Where an application for planning permission is made to the Department and it appears to the Department that—

(a)the carrying out of the operations specified in the application or the making of the change so specified in the use of any land would not constitute or involve development; or

(b)if the carrying out of those operations or the making of that change would constitute development, that an application for planning permission in respect thereof is not required under this Part,

the Department may treat the application for planning permission as an application under this Article and may make an appropriate determination.

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