The Planning (Electronic Communications) Order (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Order)

Section 1 of the Electronic Communications Act (Northern Ireland) 2001 empowers the appropriate department (defined in section 2 of that Act) by order to modify any statutory provision for the purpose of authorising or facilitating the use of electronic communications. This Order modifies legislation relating to planning.

Articles 2 to 5 modify certain provisions of the Planning (Northern Ireland) Order 1991 (“the 1991 Order”).

Article 2 inserts definitions relating to electronic communication into Article 2 (interpretation) of the 1991 Order. Consequential upon the insertion of a new definition of “address”, Article 5 makes minor amendments to Articles 22(3), 67C and 125 of the 1991 Order, to ensure that requirements in those Articles to give an address can be fulfilled only by giving a postal, and not an electronic, address. Article 2 also amends Article 2 of the 1991 Order to make provision as to when electronic communications are deemed to have been received and authorises the use of electronic communications for the general purpose of giving or serving of notices (including notices of appeal to the planning appeals commission) or other documents under the 1991 Order where certain conditions are fulfilled, and subject to exceptions in cases where criminal sanctions attach to failure to comply with certain types of notice.

Article 4 amends Article 21(1) and Schedule 1 of the 1991 Order to facilitate the use of a website by the Department for the purpose of advertisement of planning applications and applications for listed building consent, respectively.

Articles 6 to 13 give effect to the Schedules to this Order.

Schedule 1 amends the Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 1988 to facilitate the use of electronic communications for making certain applications and claims, under those Regulations, subject to specified conditions.

Schedule 2 amends the Planning (Development Plans) Regulations (Northern Ireland) 1991 to facilitate the use of electronic communications for making representations about proposals to make, alter, repeal or replace development plans, the making of objections to such plans, and the making of objections about those representations, subject to specified conditions. Schedule 2 also amends the definition of the phrase “local advertisement” to facilitate the use of a website by the Department for the purpose of advertisement of development plans and the holding of public local inquiries to consider objections and representations about objections to a development plan.

Schedule 3 amends the Planning (Listed Buildings) Regulations (Northern Ireland) 1992 to authorise the use of electronic communications for making certain applications and claims, under those Regulations, subject to specified conditions.

Schedule 4 amends the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 to authorise the use of electronic communications for making applications and sending certain notices under those Regulations, subject to specified conditions.

Schedule 5 amends the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 to authorise the use of electronic communications for making applications, claims and sending certain notices under those Regulations, subject to specified conditions.

Schedule 6 amends the Planning (General Development) Order (Northern Ireland) 1993 to authorise the use of electronic communications for making applications and sending certain notices and other documents under that Order, subject to specified conditions, and facilitates the use of an electronic planning register by the Department.

Schedule 7 amends the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 to authorise the use of electronic communications for making applications and sending certain notices and other documents under those Regulations, subject to specified conditions. The amendments, where electronic communications are used for certain purposes, facilitate the use of an electronic register by the Department.

Schedule 8 amends the Planning (Trees) Regulations (Northern Ireland) 2003 to authorise the use of electronic communications for making applications and sending certain notices and other documents under those Regulations, subject to specified conditions.