Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Planning Act (Northern Ireland) 2011

Type Act of the Northern Ireland Assembly

Publication 2011-05-04

Last updated 2023-12-26

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Functions of Department of the Environment with respect to development of land

General functions of Department with respect to development of land

1

(1) The Department must formulate and co-ordinate policy for securing the orderly and consistent development of land and the planning of that development.

(2) The Department must—

(a) ensure that any such policy is in general conformity with the regional development strategy;

(b) exercise its functions under subsection (1) with the objective of furthering sustainable development and promoting or improving well-being.

(3) For the purposes of subsection (2)(b) the Department must take account of—

(a) policies and guidance issued by—

(i) the Department for Regional Development;

(ii) the Office of the First Minister and deputy First Minister;

(b) any other matter which appears to it to be relevant.

(4) The Department may undertake, or cause to be undertaken, such surveys or studies as it may consider necessary, including surveys or studies relating to any of the following matters—

(a) the physical, economic, social and environmental characteristics of any area, including the purposes for which land is used;

(b) the size, composition and distribution of the population of an area;

(d) any changes in relation to the matters mentioned in paragraphs (a) to (c) and the effect which the changes are likely to have on the development of Northern Ireland or any part of Northern Ireland or the planning of that development.

Preparation of statement of community involvement by Department

2

(1) The Department must prepare and publish a statement of community involvement.

(2) The statement of community involvement is a statement of the Department's policy as to the involvement in the exercise of the Department's functions under Part 3 of persons who appear to the Department to have an interest in matters relating to development.

(3) The Department must prepare and publish a statement of community involvement within the period of one year from the day appointed for the coming into operation of this section.

Part 2 — Local development plans

General

Survey of district

3

(1) A council must keep under review the matters which may be expected to affect the development of its district or the planning of that development.

(2) Those matters include—

(a) the principal physical, economic, social and environmental characteristics of the council's district;

(b) the principal purposes for which land is used in the district;

(d) the communications, transport system and traffic of the district;

(e) any other considerations which may be expected to affect those matters;

(f) such other matters as may be prescribed or as the Department (in a particular case) may direct.

(3) The matters also include—

(a) the potential impact of climate change;

(b) any changes which the council thinks may occur in relation to any other matter;

(c) the effect such changes are likely to have on the development of the council's district or on the planning of such development.

(4) A council may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring district to the extent that those matters may be expected to affect the district of the council.

(5) In exercising a function under subsection (4) a council must consult with the council for the neighbouring district in question.

Statement of community involvement

4

(1) A council must prepare a statement of community involvement.

(2) The statement of community involvement is a statement of the council's policy as to the involvement in the exercise of the council's functions under this Part and Part 3 of persons who appear to the council to have an interest in matters relating to development in its district.

(3) The council and the Department must attempt to agree the terms of the statement of community involvement.

(4) But to the extent that the council and the Department cannot agree the terms of the statement of community involvement the Department may direct that the statement must be in the terms specified in the direction.

(5) The council must comply with the direction.

(6) The Department may prescribe—

(a) the procedure in respect of the preparation of the statement of community involvement;

(b) the form and content of the statement;

(d) making the statement available for inspection by the public;

(e) the manner in which—

(i) representations may be made in relation to any matter to be included in the statement; and

(ii) those representations are to be considered;

(f) circumstances in which the requirements of the statement need not be complied with.

Sustainable development

5

(1) Any person who exercises any function under this Part must exercise that function with the objective of furthering sustainable development.

(2) For the purposes of subsection (1) the person must take account of—

(a) policies and guidance issued by—

(i) the Office of the First Minister and deputy First Minister;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the Department of Regional Development;

(b) any matters which appear to that person to be relevant.

Local development plans

Local development plan

6

(1) Any reference—

(a) to a local development plan in this Act and in any other statutory provision relating to planning; and

(b) to a development plan in any statutory provision relating to planning,

is to be construed as a reference to the development plan documents (taken together) which have been adopted by the council or approved by the Department in accordance with section 16(6).

(2) In this Part the development plan documents are—

(a) the plan strategy;

(b) the local policies plan.

(3) If to any extent a policy contained in a local development plan conflicts with another policy in that plan the conflict must be resolved in favour of the policy which is contained in the last development plan document to be adopted or, as the case may be, approved.

(4) Where, in making any determination under this Act, regard is to be had to the local development plan, the determination must be made in accordance with the plan unless material considerations indicate otherwise.

Preparation of timetable

7

(1) A council must prepare, and keep under review a timetable for the preparation and adoption of the council's local development plan.

(2) The council and the Department must attempt to agree the terms of the timetable mentioned in subsection (1).

(3) But to the extent that the Department and the council cannot agree the terms the Department may direct that the timetable must be in the terms specified in the direction.

(4) The council must comply with the direction.

(5) The Department may prescribe—

(a) the procedure in respect of the preparation of the timetable mentioned in subsection (1);

(b) the form and content of the timetable;

(d) publicity about the timetable;

(e) making the timetable available for inspection by the public;

(f) circumstances in which the requirements of the timetable need not be complied with.

Plan strategy

8

(1) A council must prepare a plan for its district (to be known as a plan strategy).

(2) A plan strategy must set out—

(a) the council's objectives in relation to the development and use of land in its district;

(b) its strategic policies for the implementation of those objectives; and

(3) Regulations under this section may prescribe the form and content of the plan strategy.

(4) A plan strategy must be prepared in accordance with—

(a) the timetable set out in section 7(1);

(b) the council's statement of community involvement.

(5) In preparing a plan strategy, the council must take account of—

(a) the regional development strategy;

(aa) the council's current community plan;

(b) any policy or advice contained in guidance issued by the Department;

and may have regard to such other information and considerations as appear to the council to be relevant.

(6) The council must also—

(a) carry out an appraisal of the sustainability of the plan strategy;

(b) prepare a report of the findings of the appraisal.

(7) A plan strategy is a plan strategy only if it is—

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).

Local policies plan

9

(1) A council must, after the plan strategy for its district has been adopted by resolution of the council or, as the case may be, approved by the Department, prepare a plan for its district (to be known as a local policies plan).

(2) The local policies plan must set out—

(a) the council's policies in relation to the development and use of land in its district; and

(b) such other matters as may be prescribed.

(3) Regulations under this section may prescribe the form and content of the local policies plan.

(4) The local policies plan must be prepared in accordance with—

(a) the timetable set out in section 7(1);

(b) the council's statement of community involvement.

(5) The council's local policies plan must be consistent with the council's plan strategy.

(6) In preparing the local policies plan, the council must take account of—

(a) the regional development strategy;

(aa) the council's current community plan;

(b) any policy or advice contained in guidance issued by the Department;

and may have regard to such other information and considerations as appear to the council to be relevant.

(7) The council must also—

(a) carry out an appraisal of the sustainability of the local policies plan;

(b) prepare a report of the findings of the appraisal.

(8) A local policies plan is a local policies plan only if it is—

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).

Independent examination

10

(1) The council must submit every development plan document to the Department for independent examination.

(2) But the council must not submit such a document unless—

(a) it has complied with any relevant requirements contained in regulations under this Part, and

(b) it thinks the document is ready for independent examination.

(3) The council must also send to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

(4) The Department must, unless it intends to make a direction under section 11(2) or 15(1), cause an independent examination to be carried out by—

(a) the planning appeals commission; or

(b) a person appointed by the Department.

(5) The Department must not appoint a person under subsection (4)(b) unless, having regard to the timetable prepared by the council under section 7(1), the Department considers it expedient to do so.

(6) The purpose of an independent examination is to determine in respect of the development plan document—

(a) whether it satisfies the requirements of sections 7 and 8 or, as the case may be, sections 7 and 9, and any regulations under section 22 relating to the preparation of development plan documents;

(b) whether it is sound.

(7) Any person who makes representations seeking to change a development plan document must (if that person so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

(8) The person appointed to carry out the examination must—

(a) make recommendations;

(b) give reasons for the recommendations.

Withdrawal of development plan documents

11

(1) A council may, in such manner as may be prescribed, at any time before a development plan document is submitted to the Department under section 10(1), withdraw the document.

(2) The Department may, at any time after the development plan document has been submitted to it under section 10(1), direct the council to withdraw the document.

Adoption

12

(1) The Department must consider the recommendations made under section 10(8) and direct the council to—

(a) adopt the development plan document as originally prepared;

(b) adopt the development plan document with such modifications as may be specified in the direction; or

(2) The Department must give reasons for a direction given under subsection (1).

(3) The council must comply with a direction given under subsection (1) within such time as may be prescribed.

(4) For the purposes of this section, a development plan document is adopted by resolution of the council.

Review of local development plan

13

(1) A council must carry out a review of its local development plan at such times as the Department may prescribe.

(2) The council must report to the Department on the findings of its review.

(3) A review must—

(a) be in such form as may be prescribed; and

(b) be published in accordance with such requirements as may be prescribed.

Revision of plan strategy or local policies plan

14

(1) The council may at any time prepare a revision of—

(a) its plan strategy; or

(b) its local policies plan.

(2) The council must prepare a revision of its plan strategy or its local policies plan—

(a) at such times and in such manner as may be prescribed;

(b) if, following a review under section 13, it thinks that the plan strategy or the local policies plan should be revised;

(3) This Part applies to the revision of a plan strategy or a local policies plan as it applies to the preparation of a plan strategy or, as the case may be, a local policies plan.

Intervention by Department

15

(1) If the Department thinks that a development plan document is unsatisfactory it may, at any time before the document is adopted under section 12 direct the council to modify the document in accordance with the direction.

(2) If the Department gives a direction under subsection (1) it must state its reasons for doing so.

(3) The council must comply with a direction given under subsection (1).

Department's default powers

16

(1) This section applies if the Department thinks that a council is failing or omitting to do anything it is necessary for it to do in connection with the preparation or revision of a development plan document.

(2) The Department may—

(a) prepare the document; or

(b) revise the document.

(3) The Department must give reasons for anything it does in pursuance of subsection (2).

(4) The Department must cause an independent examination to be carried out by—

(a) the planning appeals commission; or

(b) a person appointed by the Department,

and section 10(5) to (8) applies accordingly.

(5) The Department must publish the recommendations and reasons of the person appointed to hold the examination.

(6) The Department must consider recommendations made in accordance with section 10(8) (as applied by subsection (4) of this section) and may approve the document with or without modification.

(7) The council must reimburse the Department for any expenditure the Department incurs in connection with anything—

(a) which is done by it under subsection (2), and

(b) which the council failed or omitted to do as mentioned in subsection (1).

Joint plans

17

(1) Two or more councils may agree to prepare—

(a) a joint plan strategy; or

(b) a joint plan strategy and joint local policies plan.

(2) This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint plan strategy or a joint local policies plan as it applies for the purposes of any step which may be or is required to be taken in relation to a plan strategy or local policies plan.

(3) For the purposes of subsection (2) anything which must be done by or in relation to a council in connection with a plan strategy or a local policies plan must be done by or in relation to each of the councils mentioned in subsection (1) in connection with a joint plan strategy or local policies plan.

(4) Subsections (5) to (7) apply if a council withdraws from an agreement mentioned in subsection (1).

(5) Any step taken in relation to the joint plan strategy or joint local policies plan must be treated as a step taken by—

(a) a council which was a party to the agreement for the purposes of any corresponding plan strategy or corresponding local policies plan prepared by it;

(b) two or more other councils who were parties to the agreement for the purposes of any corresponding joint plan strategy or corresponding joint local policies plan.

(6) Any independent examination of a plan strategy or a local policies plan to which the agreement relates must be suspended.

(7) If before the end of the period prescribed for the purposes of this subsection a council which was a party to the agreement requests the Department in writing to do so the Department may direct that—

(a) the examination is resumed in relation to the corresponding plan strategy or corresponding local policies plan;

(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

(8) In this section and in section 18—

(a) a joint plan strategy is a plan strategy prepared jointly by two or more councils;

(b) a joint local policies plan is a local policies plan prepared jointly by two or more councils.

(9) The Department may by regulations make provision as to what is—

(a) a corresponding plan strategy;

(b) a corresponding local policies plan.

Power of Department to direct councils to prepare joint plans

18

(1) The Department may direct two or more councils to prepare—

(a) a joint plan strategy; or

(b) a joint plan strategy and joint local policies plan.

(2) A direction given by the Department under subsection (1) may relate to the whole or part of the councils' districts.

(3) A council must comply with a direction given by the Department under subsection (1).

Exclusion of certain representations

19

(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

(a) an order, or proposed order, under section 1 of the New Towns Act (Northern Ireland) 1965 (c. 13);

(b) a redevelopment scheme prepared and submitted under Article 48 of the Housing (Northern Ireland) Order 1981 (NI 3);

(c) the preparation of, or adoption of, a development scheme under Part 7 of the Planning (Northern Ireland) Order 1991 (NI 11);

(d) an order under Article 14 or 15 of the Roads (Northern Ireland) Order 1993 (NI 15);

(e) a simplified planning zone scheme;

(f) an enterprise zone scheme.

(2) If a council, or a person appointed by the Department to carry out an independent examination under this Part, or the planning appeals commission thinks that a representation made in relation to a development plan document is in substance a representation or objection to which this section applies, the council, person or commission (as the case may be) may disregard it.

Guidance

20

In the exercise of any function conferred under or by virtue of this Part, the council must have regard to any guidance issued by—

(a) the Department;

(b) the Department for Regional Development;

Annual monitoring report

21

(1) Every council must make an annual report to the Department.

(2) The annual report must contain such information as is prescribed as to the extent to which the objectives set out in the local development plan are being achieved.

(3) The annual report must—

(a) be made at such time as may be prescribed;

(b) be in such form as may be prescribed;

Regulations

22

(1) The Department may by regulations make provision in connection with the exercise by any person of functions under this Part.

(2) The regulations may in particular make provision as to—

(a) the procedure to be followed by the council in carrying out an appraisal under section 8(6) or 9(7);

(b) the procedure to be followed in the preparation of development plan documents;

(d) requirements about inspection by the public of a development plan document or any other document;

(e) the nature and extent of consultation with and participation by the public in anything done under this Part;

(f) the making of representations about any matter to be included in a development plan document;

(g) consideration of any such representations;

(h) the determination of the time at which anything must be done for the purposes of this Part;

(i) the manner of publication of any draft, report or other document published under this Part;

(j) monitoring the exercise by councils of their functions under this Part.

Part 3 — Planning control

“Development” and requirement of planning permission

Meaning of “development”

23

(1) In this Act, subject to subsections (2) to (6), “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

(2) For the purposes of this Act “building operations” includes—

(a) demolition of buildings;

(b) rebuilding;

(d) other operations normally undertaken by a person carrying on business as a builder.

(3) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;

(b) the carrying out by a council or statutory undertaker of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;

(c) the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;

(d) the use of any land for the purposes of agriculture or forestry and the use for any of those purposes of any building occupied together with land so used;

(e) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Department for the purpose of this section, the use of the buildings or other land or, subject to the provisions of the order, of any part thereof for any other purpose of the same class;

(f) the demolition of any description of building specified in a direction given by the Department to councils generally or to a particular council;

(g) a structural alteration of any description of building specified in a direction given by the Department to councils generally or to a particular council, where the alteration consists of demolishing part of the building.

(4) The Department may in a development order specify any circumstances or description of circumstances in which subsection (3) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(5) For the purposes of this section—

(a) the use as two or more separate dwelling-houses of any building previously used as a single dwelling-house involves a material change in the use of the building and of each part thereof which is so used;

(b) the deposit of refuse or waste material on land involves a material change in the use thereof, notwithstanding that the land is comprised in a site already used for that purpose, if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.

(6) Without prejudice to any regulations made under this Act relating to the control of advertisements, a use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this Act as involving a material change in the use of that part of the building.

Development requiring planning permission

24

(1) Subject to this Act, planning permission is required for the carrying out of any development of land.

(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4) Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.

(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part.

Development management

Hierarchy of developments

25

(1) For the purposes of this Act, a development belongs to one of the following categories—

(a) the first, to be known as “major developments”; and

(b) the second, to be known as “local developments”.

(2) The Department must by regulations describe classes of development and assign each class to one of the categories mentioned in paragraphs (a) and (b) of subsection (1).

(3) But the Department may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.

Department’s jurisdiction in relation to developments of regional significance

26

(1) A person who proposes to apply for permission for any major development (except a development to which section 213 applies) which is prescribed in regulations made for the purposes of this subsection (“the prospective applicant”) must, before complying with section 27, enter into consultations with the Department.

(2) The Department may make regulations prescribing the procedure to be followed in relation to consultations under this section.

(3) Without prejudice to any regulations made under subsection (2), the prospective applicant must, for the purpose of consultations under that subsection, supply to the Department sufficient information in relation to the proposed development to enable the Department to assess the proposed development.

(4) Where, following consultations under this section, the Department is of the opinion that the proposed development would, if carried out—

(a) be of significance to the whole or a substantial part of Northern Ireland or have significant effects outside Northern Ireland, or

(b) involve a substantial departure from the local development plan for the area to which it relates,

it must serve a notice in writing on the prospective applicant stating that the development is development to which this section applies.

(5) An application for planning permission for development to which this section applies must be made to the Department.

(6) Where, following consultations under this section, the Department is of the opinion that the proposed development would not, if carried out—

(a) be of significance to the whole or a substantial part of Northern Ireland or have significant effects outside Northern Ireland, or

(b) involve a substantial departure from the local development plan for the area to which it relates,

it must serve a notice in writing on the prospective applicant stating—

(i) that it is of that opinion; and

(ii) that the prospective applicant's application for planning permission, if it is proceeded with, must be made to the appropriate council.

(7) No application for planning permission in respect of a development specified in regulations made for the purposes of subsection (1) may be made to a council unless or until a notice is served under subsection (6) in relation to the development.

(8) The Department must serve a copy of a notice under subsection (4) or (6), as the case may be, on the appropriate council.

(9) For the purpose of considering representations made in respect of an application for planning permission which is an application to which section 235 (national security) applies, the Department must, subject to any rules made under subsection (2) or (5) of that section, cause a public local inquiry to be held by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(10) For the purpose of considering representations made in respect of an application for planning permission made to it, other than an application mentioned in subsection (9), the Department may cause a public local inquiry to be held by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(11) Where a public local inquiry is not held under subsection (10), the Department must, before determining the application, serve a notice in writing on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department shall afford to each of them an opportunity of appearing before and being heard by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(12) In determining an application for planning permission made to it, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.

(13) The decision of the Department on an application for planning permission made to it shall be final.

Pre-application community consultation

27

(1) Before submitting an application for planning permission for a major development (except a development to which section 213 applies), the prospective applicant must comply with the following provisions of this section.

(2) The prospective applicant must give notice (to be known as a “proposal of application notice”) to the appropriate council that an application for planning permission for the development is to be submitted.

(3) A period of at least 12 weeks must elapse between giving the notice and submitting any such application.

(4) A proposal of application notice must be in such form, and have such content, as may be prescribed but must in any event contain—

(a) a description in general terms of the development to be carried out;

(b) if the site at which the development is to be carried out has a postal address, that address;

(c) a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site, and

(d) details as to how the prospective applicant may be contacted and corresponded with.

(5) Regulations may—

(a) require that the proposal of application notice be given to persons specified in the regulations,

(b) prescribe—

(i) the persons who are to be consulted as respects a proposed application, and

(ii) the form that consultation is to take.

(6) The council may, provided that it does so within the period of 21 days after receiving the proposal of application notice, notify the prospective applicant that it requires (either or both)—

(a) that the proposal of application notice be given to persons additional to those specified under subsection (5) (specifying in the notification who those persons are);

(b) that consultation additional to any required by virtue of subsection (5)(b) be undertaken as regards the proposed development (specifying in the notification what form that consultation is to take).

(7) In considering whether to give notification under subsection (6) the council is to have regard to the nature, extent and location of the proposed development and to the likely effects, at and in the vicinity of that location, of its being carried out.

(8) In the case of an application for planning permission to be made to the Department, this section has effect as if any reference to a council were a reference to the Department.

Pre-application community consultation report

28

(1) A person who, before submitting an application for planning permission for a development, is required to comply with section 27 and who proceeds to submit that application is to prepare a report (a “pre-application community consultation report”) as to what has been done to effect such compliance.

(2) A pre-application community consultation report is to be in such form as may be prescribed.

Call in of applications, etc., to Department

29

(1) The Department may give directions requiring applications for planning permission made to a council, or applications for the approval of a council of any matter required under a development order, to be referred to it instead of being dealt with by councils.

(2) A direction under subsection (1)—

(a) may be given either to a particular council or to councils generally; and

(b) may relate either to a particular application or to applications of a class specified in the direction.

(3) Where the Secretary of State or, as the case may be, the Department of Justice has certified that an application for planning permission or an application for any approval under this Act or a development order is an application to which section 235 (national security) applies, the Department of the Environment must give a direction to the council to which the application was made requiring the application to be referred to the Department of the Environment instead of being dealt with by the council.

(4) Any application in respect of which a direction under this section has effect shall be referred to the Department accordingly.

(5) For the purpose of considering representations made in respect of an application to which section 235 applies which has been referred to it under this section, the Department must, subject to any rules made under subsection (2) or (5) of that section, cause a public local inquiry to be held by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(6) For the purpose of considering representations made in respect of an application referred to it under this section, other than an application mentioned in subsection (5), the Department may cause a public local inquiry to be held by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(7) Where a public local inquiry is not held under subsection (6), the Department must, before determining the application, serve a notice in writing on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department shall afford to each of them an opportunity of appearing before and being heard by—

(a) the planning appeals commission; or

(b) a person appointed by the Department for the purpose.

(8) In determining an application for planning permission referred to it, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.

(9) The decision of the Department on an application for planning permission referred to it shall be final.

Pre-determination hearings

30

(1) Regulations or a development order may provide that, before determining an application for planning permission for a development of a class prescribed in the regulations or specified in the order, a council is to give the applicant and any person so prescribed or specified an opportunity of appearing before and being heard by a committee of the council.

(2) The procedures in accordance with which any such hearing is arranged and conducted (including, without prejudice to the generality of this subsection, procedures for ensuring relevance and avoiding repetition) and any other procedures consequent upon the hearing are to be such as the council considers appropriate.

(3) Any right of attendance at the hearing (other than for the purpose of appearing before and being heard by the committee) is to be such as the council considers appropriate.

(4) In relation to an application other than is provided for in regulations or a development order under subsection (1), a council may elect to give the applicant and any other person an opportunity such as is mentioned in that subsection; and if the council does so elect, subsections (2) and (3) apply accordingly.

Local developments: schemes of delegation

31

(1) A council must—

(a) as soon as practicable after the coming into operation of this section, and thereafter—

(i) whenever required to do so by the Department; or

(ii) subject to sub-paragraph (i), at such intervals as may be provided for in regulations made under this section,

prepare a scheme (to be known as a “scheme of delegation”) by which any application for planning permission for a development within the category of local developments or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category is to be determined by a person appointed by the council for the purposes of this section instead of by it, and

(b) keep under review the scheme so prepared.

(2) The determination of any person so appointed is to be treated as that of the council.

(3) Without prejudice to subsection (1)(a)(ii), regulations under this section may make provision as to—

(a) the form and content of,

(b) the procedures for preparing and adopting, and

a scheme of delegation.

(4) Where an application for planning permission falls to be determined by a person so appointed, sections 41(3), 42, 45, 46, 48, 52(1) and (2), 54, 58 and 60 apply, with any necessary modifications, as they apply to an application which falls to be determined by the council.

(5) The council may, if it thinks fit, decide to determine an application itself which would otherwise fall to be determined by a person so appointed.

(6) Any such decision must include a statement of the reasons for which it has been taken; and a copy of the decision is to be served on the applicant.

Development orders

32

(1) The Department must by order (in this Act referred to as a “development order”) provide for the grant of planning permission.

(2) A development order may either—

(a) itself grant planning permission for development specified in the order or for development of any class so specified; or

(b) in respect of development for which planning permission is not granted by the order itself, provide for the grant of planning permission by a council (or, in the cases provided for elsewhere in this Act, the Department) on an application made to the council or, as the case may be, the Department, in accordance with the order.

(3) A development order may be made either—

(a) as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.

(4) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(5) Without prejudice to the generality of subsection (4), where planning permission is granted by a development order for development of a specified class, the order may enable a council or the Department to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.

(6) Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of other references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(7) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with a local development plan, a development order may direct that any statutory provision in relation to any development specified under the order—

(a) shall not apply to any development specified in the order; or

(b) shall apply to it subject to such modifications as may be so specified.

Simplified planning zone schemes

Simplified planning zones

33

(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.

(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

(4) A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the council for the district within which the zone is located thinks appropriate for explaining or illustrating the provisions of the scheme, and must specify—

(a) the development or classes of development permitted by the scheme;

(b) the land in relation to which permission is granted; and

and must contain such other matters as may be prescribed.

Making and alteration of simplified planning zone schemes

34

(1) A council may at any time make a simplified planning zone scheme in respect of any area within its district.

(2) A council may at any time alter—

(a) a simplified planning zone scheme adopted by it; or

(b) with the consent of the Department, a simplified planning zone scheme approved by the Department.

(3) In exercising its functions under subsection (1) or (2), the council must take account of—

(a) the regional development strategy;

(b) any policy or advice contained in guidance issued by the Department;

(4) Schedule 1 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.

Simplified planning zone schemes: conditions and limitations on planning permission

35

(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—

(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted; and

(b) conditions or limitations requiring the consent, agreement or approval of the council in relation to particular descriptions of permitted development;

and different conditions or limitations may be specified for different cases or classes of case.

(2) Nothing in a simplified planning zone scheme shall affect the right of any person—

(a) to do anything not amounting to development; or

(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;

and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.

Duration of simplified planning zone scheme

36

(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.

(2) Upon the scheme's ceasing to have effect, planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

(3) The provisions of section 64(2) to (6) and sections 65 and 66 apply to planning permission under a simplified planning zone scheme where development has been begun but not completed by the time the area ceases to be a simplified planning zone.

(4) The provisions of section 63(2) apply in determining for the purposes of this section when development shall be taken to be begun.

Alteration of simplified planning zone scheme

37

(1) The adoption of alterations to a simplified planning zone scheme has effect as follows.

(2) The adoption of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.

(3) The adoption of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4) The adoption of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.

(5) The adoption of alterations providing for—

(a) the exclusion of land from the simplified planning zone;

(b) the withdrawal of planning permission; or

(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption.

(6) The adoption of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun before the adoption of alterations has effect; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.

(7) This section applies to the approval of alterations to a simplified planning zone by the Department as it applies to the adoption of such alterations by a council.

Exclusion of certain descriptions of land or development

38

(1) The following descriptions of land may not be included in a simplified planning zone—

(a) land in a conservation area;

(b) land in an area which is—

(i) designated as a National Park under Article 12 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1);

(ii) designated as an area of outstanding natural beauty under Article 14 of that Order;

(iii) declared to be an area of special scientific interest under Article 28 of the Environment (Northern Ireland) Order 2002 (NI 7);

(c) land declared to be a national nature reserve under Article 18 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(d) land of such other description as may be prescribed.

(2) Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

(3) The Department may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a) in relation to an area of land specified in the order or to areas of land of a description so specified; or

(b) for development of a description specified in the order.

(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun before that date; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.

Grant of planning permission in enterprise zones

39

(1) An order designating an enterprise zone under the 1981 Order shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.

(2) The adoption of a modified scheme under Article 4 of the 1981 Order (as applied by Article 10(2) of that Order) shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme or for development of any class so specified.

(3) Planning permission granted by virtue of this section shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.

(4) Where planning permission is so granted for any development or class of development, the Department may direct that the permission shall not apply in relation to—

(a) a specified development; or

(b) a specified class of development; or

(5) If the scheme or the modified scheme specifies matters, in relation to any development it permits, which will require approval by the Department, the permission shall have effect accordingly.

(6) The Department may by regulations make provision—

(a) as to the procedure for giving a direction under subsection (4);

(b) as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (5),

and such regulations may modify any provision of this Act other than this section.

(7) Notwithstanding subsections (1) to (6), planning permission may be granted under any other provision of this Part in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under this Part or by a development order).

(8) Modifications to a scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the effective date of modification.

(9) Upon an area ceasing to be an enterprise zone planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

(10) Section 64(2) to (6) and sections 65 and 66 shall apply to planning permission under the scheme where development has been begun but not completed by the time the area ceases to be an enterprise zone.

(11) Section 63(2) shall apply in determining for the purposes of this section when development shall be taken to be begun.

(12) Nothing in this section prejudices the right of any person to carry out development apart from this section.

(13) In this section “the 1981 Order” means the Enterprise Zones (Northern Ireland) Order 1981 (NI 15) and other expressions used in this section and in that Order have the same meaning in this section as in that Order.

Planning applications

Form and content of applications

40

(1) Any application for planning permission—

(a) must be made in such form and in such manner as may be specified by a development order;

(b) must include such particulars, and be verified by such evidence, as may be required by a development order or by any directions given by a council or the Department under such an order.

(2) A direction under subsection (1)(b) must not be inconsistent with the development order.

(3) A development order must require an application for planning permission of such description as is specified in the order to be accompanied by such of the following as is so specified—

(a) a statement about the design principles and concepts that have been applied to the development;

(b) a statement about how issues relating to access to the development have been dealt with.

(4) The form and content of a statement mentioned in subsection (3) is such as is required by the development order.

(5) Subsection (1) shall apply to applications to a council or the Department for any consent, agreement or approval of the council or, as the case may be, the Department required by a condition imposed on a grant of planning permission as that subsection applies to applications for planning permission.

Notice, etc., of applications for planning permission

41

(1) A development order may make provision requiring notice to be given of any application for planning permission and provide for publicising such applications and for the form, content and service of such notices.

(2) A development order may require an applicant for planning permission to provide evidence that any requirements of the order have been satisfied.

(3) An application for planning permission must not be entertained by a council or the Department unless any requirements imposed by virtue of this section have been satisfied.

Notification of applications to certain persons

42

(1) Subject to subsection (2), a council or, as the case may be, the Department must not entertain an application for planning permission in relation to any land (in this section and in section 43 referred to as “the designated land”) unless it is accompanied by one or other of the following certificates, that is to say—

(a) a certificate stating that the application is made by or on behalf of a person who at the date of the application is in the actual possession of all the designated land, being a person entitled to one of the following estates in that land, namely—

(i) a legal or equitable fee simple absolute, a legal or equitable fee tail or a legal or equitable life estate;

(ii) a tenancy of which not less than 40 years of the term thereof remain unexpired;

(b) a certificate stating that the application is made by or on behalf of the trustees of a trust or settlement which affects all the designated land and that, at the date of the application—

(i) a beneficiary under the trust or settlement is in the actual possession of the designated land; and

(ii) no person other than a beneficiary under the trust or settlement is entitled to enter into the actual possession of the designated land within a period of 40 years;

(c) a certificate stating that the requisite notice of the application has been given by or on behalf of the applicant to each person who at the beginning of the period of 21 days ending with the date of the application, in relation to the designated land or any part thereof, fell into any of the following classes, namely—

(i) that that person was such a person as is described in paragraph (a) or (b);

(ii) that (not being such a person as is described in paragraph (a) or (b)) that person was in the actual possession of the designated land;

(iii) that (not being a person falling under sub-paragraph (i) or (ii)) that person was entitled to enter into the actual possession of the designated land within a period of 40 years;

(d) a certificate stating—

(i) that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b); and

(ii) that the applicant has made due inquiries and is of the opinion, for the reasons specified in the certificate, that he or she is unable to issue a certificate which would satisfy the requirements of paragraph (c); and

(iii) that the applicant has given the requisite notice of the application to any person who, at the beginning of the period of 21 days ending with the date of the application, was in the actual possession of any part of the designated land.

(2) Subsection (1) does not apply to an application for planning permission made—

(a) by the Northern Ireland Housing Executive in pursuance of a redevelopment scheme approved by the Department for Social Development or proposed by the Executive;

(b) by an electricity undertaker to place an electricity line above or below ground across any land;

(d) by a water or sewerage undertaker to lay a main, sewer or pipe for the purposes of its functions under the Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21).

(3) A certificate for the purposes of paragraph (c) or (d) of subsection (1) shall set out the names and postal addresses of the persons to whom the requisite notice was given in accordance with that paragraph and the date of service of the notice.

(4) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(c) or (d), the council or, as the case may be, the Department, must not determine the application before the end of the period of 14 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate.

(5) Where a tenancy subsists in any land, and—

(a) it is necessary, for the purposes of this section, to determine whether a person is entitled to enter into the actual possession of that land; and

(b) by reason of any option or other contractual right with respect to the determination, renewal or continuance of the tenancy the date of expiry of the tenancy is not ascertainable with certainty;

that date shall be taken to be such as appears reasonable and probable having regard to the interests of the party by whom the option is exercisable, or in whose favour the right operates, and to any other material consideration.

(6) If any person—

(a) issues a certificate which purports to comply with the requirements of this section and which contains a statement which that person knows to be false or misleading in a material particular; or

(b) recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular;

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) Any certificate issued for the purposes of this section shall be in such form as may be specified in a development order; and any reference in this section to the requisite notice is a reference to a notice in the form so specified.

Notice requiring planning application to be made

43

(1) Where it appears to a council that development has been carried out—

(a) without the grant of the planning permission required in that behalf in accordance with this Part; or

(b) without the grant of any approval of the council required in that behalf under a development order;

the council may issue a notice under this section requiring the making of an application for such planning permission or approval to the council within 28 days from the service of the notice.

(2) A notice under this section may be issued only within the period of 5 years from the date on which the development to which it relates was begun, and the provisions of section 63(2) apply in determining for the purpose of this section when development shall be taken to be begun.

(3) A notice under this section must specify the matters alleged to constitute the development to which the notice relates.

(4) A copy of a notice under this section must be served on the owner and on the occupier of the land to which it relates.

(5) Where a copy of a notice under this section has been served on any person referred to in subsection (4), then if the application referred to in the notice is not made to the council within the period allowed for compliance with the notice, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If a person against whom proceedings are brought under subsection (5)—

(a) was, at the time when the copy of the notice under this section was served on that person, the owner of the land to which the notice relates; but

(b) has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of that land,

that person shall, upon duly making a complaint and on giving to the prosecution not less than 3 days' notice of his or her intention, be entitled to have the person who then became the owner of the land (in subsection (7) referred to as the “subsequent owner”) brought before the court in the proceedings.

(7) If after it has been proved, in a case to which subsection (6) applies, that the application referred to in the notice under this section has not been made within the period allowed for compliance with the notice, the original defendant proves that the failure to make that application was attributable, in whole or in part, to the default of the subsequent owner—

(a) the subsequent owner may be convicted of the offence; and

(b) the original defendant, if that person further proves that all reasonable steps were taken to secure compliance with the notice, shall be acquitted of the offence.

(8) If, after a person has been convicted under subsections (5) to (7), the application referred to in the notice under this section is not made to the council, that person shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day following the first conviction on which the offence continues.

(9) The council may, at any time before the end of the period allowed for compliance with a notice under this section, withdraw the notice.

(10) If it does so the council must as soon as is reasonably possible give notice of the withdrawal to every person who was served with a copy of the notice.

(11) Any reference in this section and section 44 to the period allowed for compliance with a notice under this section is a reference to the period mentioned in subsection (1) or such extended period as may be allowed by the council for compliance with the notice.

(12) For the purposes of this section an application to the council for any planning permission or approval shall not be taken to be made unless it is accompanied by the fee prescribed under section 223 in relation to that application.

Appeal against notice under section 43

44

(1) A person on whom a copy of a notice has been served under section 43 may, at any time before the end of the period allowed for compliance with that notice, appeal to the planning appeals commission against the notice.

(2) An appeal may be brought on any of the following grounds—

(a) that the matters alleged in the notice do not constitute development;

(b) that the development alleged in the notice has not taken place;

(3) An appeal under this section must be made by notice in writing to the planning appeals commission and such notice shall indicate the grounds of the appeal and state the facts on which it is based.

(4) Before determining an appeal under this section, the planning appeals commission must, if either the appellant or the council so desires, afford to each of them an opportunity of appearing before and being heard by the commission.

(5) Where an appeal is brought under this section the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(6) On an appeal under this section the planning appeals commission—

(a) must quash the notice, vary the terms of the notice or uphold the notice;

(b) may correct any informality, defect or error in the notice, or vary its terms, if it is satisfied that the correction or variation can be made without injustice to the appellant or to the council.

(7) The validity of a notice under section 43 shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.

Determination of planning applications

45

(1) Subject to this Part and section 91(2), where an application is made for planning permission, the council or, as the case may be, the Department, in dealing with the application, must have regard to the local development plan, so far as material to the application, and to any other material considerations, and—

(a) subject to sections 61 and 62, may grant planning permission, either unconditionally or subject to such conditions as it thinks fit; or

(b) may refuse planning permission.

(2) A development order may provide that a council or the Department must not determine an application for planning permission before the end of such period as may be specified by the development order.

(3) In determining any application for planning permission the council or the Department must take into account any representations relating to that application which are received by it within such period as may be specified by a development order.

(4) Where an application for planning permission is accompanied by such a certificate as is mentioned in section 42(1)(c) or (d), the council or, as the case may be, the Department—

(a) in determining the application, must take into account any representations relating to the application which are made to it by any person who satisfies it that, in relation to any of the designated land, that person is such a person as is described in section 42(1)(c); and

(b) must give notice of its decision on the application to every person who made representations which it was required to take into account under paragraph (a).

Power of council to decline to determine subsequent application

46

(1) A council may decline to determine a relevant application if—

(a) any of the conditions in subsections (2) to (4) is satisfied; and

(b) the council thinks there has been no significant change in the relevant considerations since the relevant event.

(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Department has refused a similar application.

(3) The condition is that in that period the planning appeals commission has dismissed an appeal—

(a) against the refusal of a similar application; or

(b) under section 60 in respect of a similar application.

(4) The condition is that—

(a) in that period the council has refused more than one similar application; and

(b) there has been no appeal to the planning appeals commission against any such refusal or, if there has been such an appeal, it has been withdrawn.

(5) A council may also decline to determine a relevant application if—

(a) the condition in subsection (6) is satisfied; and

(b) the council thinks there has been no significant change in the relevant considerations since the relevant event.

(6) The condition is that—

(a) in the period of two years ending with the date on which the application mentioned in subsection (5) is received the planning appeals commission has refused a similar application,

(b) the similar application was an application deemed to have been made by section 145(5).

(7) A relevant application is an application for planning permission for the development of any land.

(8) The relevant considerations are—

(a) the local development plan so far as material to the application;

(b) any other material considerations.

(9) The relevant event is—

(a) for the purposes of subsections (2), (4) and (6) the refusal of the similar application;

(b) for the purposes of subsection (3) the dismissal of the appeal.

(10) An application for planning permission is similar to another application if (and only if) the council thinks that the development and the land to which the applications relate are the same or substantially the same.

Power of Department to decline to determine subsequent application

47

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.