The Planning (Local Development Plan) Regulations (Northern Ireland) 2015

Explanatory Note

(This note is not part of the Regulations)

Part 2 of the Planning Act (Northern Ireland) 2011 (the 2011 Act) establishes a new system of local development planning in Northern Ireland. These Regulations make provision for the operation of that system.

The Regulations prescribe the form and content of the local development plan (LDP) to be prepared by councils and the procedure to be followed to bring it into effect. The 2011 Act provides for two development plan documents (DPD) the plan strategy and the local policies plan which taken together form the LDP. Part 4 of the Regulations prescribe the form and content of DPDs whilst Part 5 provides for the procedure to be followed in the preparation of the DPDs.

The main steps in the LDP procedure are–

• — publication of the preferred option paper and consultation with certain bodies about it (regulations 9 and 10);

• — public consultation on the preferred options paper (regulation 11);

• — form and content of the DPD (regulations 12, 13 and 14);

• — availability and publicity of the DPD (regulation 15);

• — public consultation, consideration and handling of representations received in respect of a DPD (regulations 16 to 19);

• — submission of the DPD and representations to the Department and their availability (regulations 20 and 21);

• — publicity for the independent examination of the DPD and the consideration of the representations at independent examination (regulation 22);

• — withdrawal of a DPD (regulation 23);

• — adoption of the DPD by the council (regulation 24).

The Regulations also contain provisions relating to the Department's intervention and default powers which allow the Department to direct any council to modify its DPD or take over the preparation of any council's DPD (regulations 28 and 29).

The Regulations make provisions for the annual monitoring and review of the LDP (regulations 25 to 27);

The Regulations also make provision for the preparation of joint DPDs (regulations 30 and 31).

Transitional arrangements are set out in the Schedule to the Regulations.

A Regulatory Impact Assessment has been prepared in respect of these regulations. Copies may be downloaded from www.planningni.gov.uk or alternatively, hard copies may be requested from Planning Policy Division, Causeway Exchange, Town Parks, 1–7 Bedford Street, Belfast BT2 7EG.