The Planning (Amendment) (Northern Ireland) Order 2003 No. 430 (NI. 8)

IntroductoryN.I.

Title and commencementN.I.

1.—(1) This Order may be cited as the Planning (Amendment) (Northern Ireland) Order 2003.

(2) In this Order—

(a)this Article, Article 2, Articles 27 to 29 and Article 31 come into operation two weeks after the date on which this Order is made;

(b)the remaining provisions of this Order come into operation on such day or days as the Department of the Environment may by order appointF1.

(3) An order under paragraph (2) may contain such transitional provisions and savings as the Department of the Environment considers appropriate in connection with the order.

(4) Nothing in any provision of this Order affects the punishment for an offence committed before the provision comes into operation.

F1partly exercised by SR 2003/188, 443, SR 2004/489, SR 2005/352

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order “the principal Order” means the Planning (Northern Ireland) Order 1991 (NI 11).

(3) This Order shall be construed as one with the principal Order.

New enforcement powersN.I.

Planning contravention noticesN.I.

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Arts. 3-16 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended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)

Enforcement of conditionsN.I.

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InjunctionsN.I.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other changes relating to enforcementN.I.

Time limits on enforcement actionN.I.

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement noticesN.I.

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against enforcement noticeN.I.

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence where enforcement notice not complied withN.I.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of works required by enforcement noticeN.I.

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stop noticesN.I.

F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of lawful use or developmentN.I.

F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of entry for enforcement purposesN.I.

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Listed buildingsN.I.

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hazardous substancesN.I.

F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacement of treesN.I.

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration in penaltiesN.I.

17.—F3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (3) of Article 122 of the principal Order (powers of entry) for the words from “on summary conviction” to the end there is substituted

“—0 (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.” .

(3) In paragraph (4) of Article 125 of the principal Order (information as to estates in land) for the words from “on summary conviction” to the end there is substituted

“—0 (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.” .

F3Art. 17(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)

Control over developmentN.I.

DemolitionN.I.

F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4Arts. 18-30 repealed (1.4.2015 except for the repeal of arts. 27(b), 28) 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)

Reversion to previous lawful useN.I.

F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Department to decline to determine applicationsN.I.

F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of environmental effectsN.I.

F421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal of appeals in cases of undue delayN.I.

F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning agreementsN.I.

F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control over particular mattersN.I.

AdvertisementsN.I.

F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Building preservation noticesN.I.

F425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TreesN.I.

F426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regional development strategyN.I.

Certain policies, plans and schemes under the principal Order to be in general conformity with the regional development strategyN.I.

27. In each of the following provisions of the principal Order —

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Article 4(1A) (development plan for an area to be consistent with the regional development strategy); and

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the words “consistent with” there is substituted “ in general conformity with ”.

Development plans: statement as to general conformity with the regional development strategyN.I.

28.—(1) The following provisions of this Article apply where the Department of the Environment proposes to make, alter or replace a development plan for an area under Part III of the principal Order; and references in those provisions to Articles are to Articles in that Part.

(2) Not later than the beginning of the period of 28 days immediately before it proposes to make copies of the relevant documents available for inspection in accordance with Article 5(4) or (as the case may be) Article 6(3), the Department of the Environment shall send a copy of those documents to the Department for Regional Development.

(3) The Department for Regional Development shall consider the documents received by it under paragraph (2) and within the period of 28 days beginning with the day on which it received those documents shall—

(a)determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and

(b)give the Department of the Environment a statement in writing which—

(i)sets out that opinion; and

(ii)if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.

(4) The Department of the Environment shall make copies of any statement received under paragraph (3) available for inspection under Article 5(4) or (as the case may be) Article 6(3) together with copies of the relevant documents.

(5) A statement to which paragraph (3)(b)(ii) applies shall be treated for all purposes as an objection duly made by the Department for Regional Development within the prescribed period referred to in Article 5(5) or (as the case may be) Article 6(4).

(6) Not later than the beginning of the period of 28 days immediately before it proposes to make an order under Article 8(1) adopting a plan, alteration or replacement plan, the Department of the Environment shall send to the Department for Regional Development a copy of—

(a)the draft order; and

(b)the plan, alteration or replacement plan to which the order relates.

(7) The Department for Regional Development shall consider the documents received by it under paragraph (6) and within the period of 28 days beginning with the day on which it received those documents shall—

(a)determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and

(b)give the Department of the Environment a statement in writing which—

(i)sets out that opinion; and

(ii)if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.

(8) The Department of the Environment shall consider any statement received under paragraph (7) before making an order under Article 8(1).

(9) In this Article “the relevant plan” means—

(a)where the Department proposes to make a development plan, the plan proposed to be made;

(b)where the Department proposes to alter a current development plan, the current plan as proposed to be altered;

(c)where the Department proposes to replace a current development plan, the plan proposed to replace the current plan.

Modifications etc. (not altering text)

C1Art. 28: 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))

Regional development strategy: transitional arrangements for certain development plansN.I.

F429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MiscellaneousN.I.

Status of development plansN.I.

F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Department before the acquisition of land for planning purposesN.I.

31. After Article 91 of the principal Order (development of land held for planning purposes) there is inserted—

“Powers of Department before the acquisition of land for planning purposes

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.”.

Planning Appeals CommissionN.I.

F532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5Arts. 32-35 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 for research and bursariesN.I.

F533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning registerN.I.

F535. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Home loss payments following planning blightN.I.

36. In Article 30 of the Land Acquisition and Compensation (Northern Ireland) Order 1973 (NI 21) (right to home loss payment)—

(a)after paragraph (3) there is inserted—

“(3AA) For the purposes of this Article a person shall be deemed to have been displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if the acquisition is in pursuance of the service by him of a blight notice, within the meaning of Article 2(2) of the Planning Blight (Compensation) (Northern Ireland) Order 1981, served on or after the date of the coming into operation of Article 36 of the Planning (Amendment) (Northern Ireland) Order 2003.” ;

(b)in paragraph (10), after the word “Article” there is inserted “ except paragraph (3AA) ”.

Article 37—Amendments and repeals