Explanatory Memorandum to Planning Amendment (Northern Ireland) Order 2003

Planning Amendment (Northern Ireland) Order 2003

2003 No. 430

Commentary on Articles

Regional development strategy

Article 29 ‑ Regional development strategy: transitional arrangements for certain development plans

This Article makes arrangements in respect of three development plans, which were at draft plan stage prior to the formulation of the regional development strategy on 20 September 2001. The following development plans are treated as `excepted plans'

• Craigavon Area Plan 2010;

• Cookstown Area Plan 2010; and

• Dungannon and South Tyrone Area Plan 2010.

The statement of conformity procedure in Article 27 does not apply to `excepted plans'.

The provision in Article 3(1A) of the Planning (Northern Ireland) Order 1991 that the Department of the Environment shall ensure policy formulated shall be in general conformity with the regional development strategy does not apply in relation to the making of an excepted plan.

The provision in Article 4(1A) of the Planning (Northern Ireland) Order 1991 that a development plan for an area must be in general conformity with the regional development strategy does not apply in relation to an excepted plan. This exemption applies to the plan as adopted under Article 8 of the Planning (Northern Ireland) Order 1991, and ceases to apply to an excepted plan if it is altered or replaced.

The provision of Article 5 of the Strategic Planning (Northern Ireland) Order 1999 that government departments shall have regard to the regional development strategy in exercising functions in relation to development does not apply to the Department of the Environment in relation to the making of an excepted plan.