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

(4) Without prejudice to the generality of subsection (3), the Master (Taxing Office) shall have the same powers and duties in relation to an order made under this section as the Master has in relation to an order made by the High Court.

(5) Proceedings before the appeals commission shall, for the purposes of the Litigants in Person (Costs and Expenses) Act 1975 (c. 47), be regarded as proceedings to which section 1(1) of that Act applies.

Orders as to costs: supplementary

206

(1) This section applies where—

(a) for the purpose of any proceedings under this Act—

(i) the appeals commission is required, before a decision is reached, to give any person an opportunity, or ask any person whether that person wishes, to appear before and be heard by it; and

(ii) arrangements are made for a hearing to be held;

(b) the hearing does not take place; and

(c) if it had taken place, the appeals commission would have had power to make an order under section 205 requiring any party to pay any costs of any other party.

(2) Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the hearing, as if the hearing had taken place.

Part 10 — Assessment of council's performance or decision making

Assessment of council’s performance

207

The Department may conduct, or appoint a person (referred to in sections 209 and 210 as the “appointed person”) to conduct on its behalf, an assessment of a council's performance—

(a) of functions generally under this Act, or

(b) of particular functions under this Act,

(not being an assessment which may be conducted under section 208).

Assessment of council’s decision making

208

(1) The Department may conduct, or appoint a person (referred to in sections 209 and 210 as the “appointed person”) to conduct on its behalf, an assessment of how a council deals with applications for planning permission, and in particular as to the basis on which determinations have been made, the processes by which they have been made and as to whether they have been made in accordance with the local development plan or in conformity with advice given to the council by the Department.

(2) No such assessment is to have regard to a decision made by a council within the period of one year which immediately precedes the assessment being notified under section 209(1).

Further provision as respects assessment of performance or decision making

209

(1) Before conducting, or appointing a person to conduct, an assessment under section 207 or 208, the Department is to notify the council of its intention in that regard and as to the intended scope of the assessment; and on making any such appointment, it is to advise the council as to the identity of the appointed person.

(2) Without prejudice to the generality of subsection (1), in determining for the purposes of that subsection the intended scope of an assessment under section 208 the Department may in particular relate its determination to any or all of the following—

(a) a type of application for planning permission,

(b) a period of time within which such an application was made, or

(3) For the purposes of any assessment conducted under section 207 or 208, the Department or the appointed person may require access at all reasonable times—

(a) to any premises of the council, and

(b) to any document relating to the council which appears to the Department, or as the case may be to the appointed person, to be necessary for the purposes of the assessment.

(4) As the case may be—

(a) the Department may require a person holding or accountable for any such document—

(i) to give the Department such information and explanation as it thinks necessary for those purposes, and

(ii) to attend in person to give the information or explanation or to produce the document, or

(b) the appointed person may require a person so holding or accountable—

(i) to give the appointed person such information and explanation as the appointed person thinks necessary for those purposes, and

(ii) to attend in person before the appointed person to give the information or explanation or to produce the document.

(5) The council must provide the Department, or as the case may be, the appointed person, with—

(a) every facility, and

(b) all information,

which the Department or the appointed person may reasonably require to be provided for the purposes of the assessment.

(6) The Department or, as the case may be, the appointed person, must—

(a) give 3 days' notice of any requirement under this section, and

(b) if reasonably required to do so by the council, produce a document of identification.

Report of assessment

210

(1) On completion of an assessment conducted by the Department under section 207 or 208, the Department must—

(a) prepare a report, and

(b) issue it to the council.

(2) On completion of an assessment conducted by an appointed person under section 207 or 208 that person must—

(a) prepare a report,

(b) submit it to the Department, and

(3) A report prepared under subsection (1) or (2) is in this section referred to as an “assessment report”.

(4) The assessment report may—

(a) in the case of an assessment carried out under section 207, recommend improvements which the council should make as to how it carries out its functions under this Act, and

(b) in the case of an assessment carried out under section 208, recommend improvements which the council should make as to how it deals with applications for planning permission.

(5) A council receiving an assessment report must, within the 3 months which immediately follow such receipt or within such longer period as may be agreed between the council and the Department, prepare and submit to the Department a report (in this section referred to as a “response report”) as to—

(a) the extent to which, the manner in which and the period within which it proposes to implement the recommendations of the assessment report, or

(b) in so far as it declines to implement those recommendations, the council's reasons for so declining.

(6) Any person who—

(a) issues an assessment report to a council, or

(b) submits a response report to the Department,

must publish it.

(7) If—

(a) the council declines to implement recommendations of the assessment report, or

(b) it appears to the Department that the council is not timeously carrying out such implementation as the council proposed in the response report,

the Department may issue a direction to the council requiring it to take such action as is specified in the direction.

(8) The Department must publish—

(a) any direction issued under subsection (7), and

(b) any variation or revocation of such a direction.

(9) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means.

Part 11 — Application of Act to Crown land

Crown land

Application to the Crown

211

(1) This Act, except sections 146 (including that section as applied by section 157(6)), 156, 161 and 166, binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) But subsection (1) is subject to express provision made by the following provisions of this Part.

Interpretation of Part 11

212

(1) In this Part—

“the appropriate authority”, in relation to any land, means—in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that government department;

“Crown estate” means any of the following—an estate belonging to Her Majesty in right of the Crown;an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department;such other estate as the Department may specify by order subject to affirmative resolution;

“Crown land” means land in which there is a Crown estate;

“government department” means a department of the Government of the United Kingdom or a Northern Ireland department;

“private estate” means an estate which is not a Crown estate.

(2) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no estate a reference to the appropriate authority must be construed as a reference to the person who makes the application.

Application of Act as respects Crown land

Urgent Crown development

213

(1) This section applies to a development if the appropriate authority certifies—

(a) that the development is of significant public importance, and

(b) that it is necessary that the development is carried out as a matter of urgency.

(2) The appropriate authority must, instead of making an application for planning permission to the council in accordance with Part 3, make an application for planning permission to the Department under this section.

(3) Subsections (5) to (9) of section 29 apply to an application under this section as they apply to an application in respect of which a direction under section 29(1) has effect.

Urgent works relating to listed buildings on Crown land

214

(1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

(a) that the works are of significant public importance, and

(b) that it is necessary that the works are carried out as a matter of urgency.

(2) The appropriate authority may, instead of making an application for consent to the council in accordance with Part 4, make an application for consent to the Department under this section.

(3) If the appropriate authority proposes to make the application to the Department it must publish in one or more newspapers circulating in the locality of the building a notice—

(a) describing the proposed works, and

(b) stating that the authority proposes to make the application to the Department.

(4) For the purposes of an application under this section the appropriate authority must provide to the Department a statement of the authority's grounds for making the application.

(5) If the appropriate authority makes an application under this section, subsections (6) to (8) apply.

(6) The Department may require the authority to provide such further information as the Department thinks necessary to enable it to determine the application.

(7) The Department must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

(8) The Department must consult—

(a) the council for the district to which the proposed development relates, and

(b) such other persons as may be prescribed,

about the application.

(9) Subsections (5) to (9) of section 88 apply to an application under this section as they apply to an application in respect of which a direction under section 88 has effect.

Enforcement in relation to the Crown

215

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2) But subsection (1) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 85(7)(a) to (d).

(3) A council or the Department must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(4) The appropriate authority may give consent under subsection (3) subject to such conditions as it thinks appropriate.

(5) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(6) A step taken for the purposes of enforcement includes—

(a) entering land;

(b) bringing proceedings;

(7) A step taken for the purposes of enforcement does not include—

(a) service of a notice;

(b) the making of an order (other than by a court).

References to an estate in land

216

(1) Subsection (2) applies to the extent that an estate in land is a Crown estate.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the estate in land shall be done by or in relation to the appropriate authority.

(3) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this section as having an estate in that land.

Applications for planning permission, etc. by Crown

217

(1) This section applies to an application made by or on behalf of the Crown for—

(a) planning permission, listed building consent, hazardous substances consent or conservation area consent; or

(b) a determination under section 102 or a certificate under section 170.

(2) The Department may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

Service of notices on the Crown

218

(1) Any notice or other document required under this Act to be served on the Crown shall be served on the appropriate authority.

(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) does not apply for the purposes of the service of such a notice or document.

Part 12 — Correction of errors

Correction of errors in decision documents

219

(1) This section applies if—

(a) a council issues a decision document which contains a correctable error; or

(b) the Department issues a decision document (other than a document referred to in section 222(2)(d) or (e)) which contains a correctable error.

(2) The council may correct the error—

(a) if it is requested to do so in writing by any person;

(b) if it sends a statement in writing to the applicant which explains the error and states that it is considering making the correction.

(3) But the council must not correct the error unless not later than the end of the relevant period it—

(a) receives a request mentioned in subsection (2)(a); or

(b) sends a statement mentioned in subsection (2)(b).

(4) The relevant period is the period specified for the purposes of subsection (3) in a development order.

(5) In this section references to “the council” means—

(a) in relation to a decision document issued by a council, the council which issued the document;

(b) in relation to a decision document issued by the Department, the council within whose district the land to which the decision document relates is situated.

Correction notice

220

(1) If paragraph (a) or (b) of section 219(2) applies the council must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—

(a) specifies the correction of the error; or

(b) gives notice of its decision not to correct such an error.

(2) The council must give the correction notice to—

(a) the applicant;

(b) if the applicant is not the owner of the land in respect of which the original decision was made, the owner;

Effect of correction

221

(1) If a correction is made in pursuance of section 219—

(a) the original decision is taken not to have been made;

(b) the decision is taken for all purposes to have been made on the date the correction notice is issued.

(2) If a correction is not made—

(a) the original decision continues to have full force and effect;

(b) nothing in this Part affects anything done in pursuance of or in respect of the decision.

Supplementary

222

(1) This section applies for the purposes of this Part.

(2) A decision document is a document which records any of the following decisions—

(a) a decision to grant or refuse planning permission;

(b) a decision to grant outline planning permission;

(d) a decision to grant or to refuse to grant a certificate under section 169 or 170;

(e) any decision relating—

(i) to an application for consent under a tree preservation order,

(ii) to an application for consent under any regulations made under section 130, or

(iii) to any certificate or direction under any such order or regulations;

(f) a decision on an application for listed building consent under section 85(2) or (3);

(g) a decision relating to any consent under section 105 (conservation area consent);

(h) a decision under section 110 (determination of applications for hazardous substances consent);

(i) any other decision under this Act which is of a description specified by the Department in a development order.

(3) A correctable error is an error—

(a) which is contained in any part of the decision document which records the decision; but

(b) which is not part of any reasons given for the decision.

(4) The applicant is in the case of a decision made on an application under this Act, the person who made the application.

(5) Error includes omission.

Part 13 — Financial provisions

Fees and charges

223

(1) The Department may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) the performance by a council or the Department of any function the council or the Department has under this Act;

(b) anything done by a council or the Department which is calculated to facilitate or is conducive or incidental to the performance of any such function.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (3)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (3)(b).

(3) The functions are—

(a) functions relating to the determination of an application for planning permission for development begun before the application was made;

(b) functions relating to the determination of an application for planning permission other than an application referred to in paragraph (a).

(4) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (5)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (5)(b).

(5) The functions are—

(a) functions relating to the determination of an application for an approval under a development order for development begun before the application was made;

(b) functions relating to the determination of an application for an approval under a development order other than an application referred to in paragraph (a).

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

(7) The Office of the First Minister and deputy First Minister may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) an application for planning permission which is deemed to be made to the planning appeals commission under this Act;

(b) an appeal to the planning appeals commission under this Act.

(8) Without prejudice to the generality of subsection (7), regulations made under that subsection may provide for the payment of a charge or fee in respect of an application mentioned in paragraph (a) of that subsection to be a multiple of the charge or fee to be paid under regulations made under subsection (1) in relation to the determination by a council or the Department of an application for planning permission for development not begun before the application was made.

(9) Regulations under this section may prescribe—

(a) the person by whom any charge or fee is payable;

(b) provision as to the calculation of any charge or fee (including provision as to who is to make the calculation);

(d) circumstances in which any charge or fee paid is to be remitted or refunded (in whole or in part);

(e) circumstances in which a charge or fee is to be transferred from one council to another.

Grants for research and bursaries

224

(1) The Department may, with the consent of the Department of Finance and Personnel, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical or built environment.

(2) For the purpose of enabling persons to undertake a course in town planning, the Department may, with the consent of the Department of Finance and Personnel, make provision for the payment by the Department of sums by way of bursaries in respect of those persons.

Grants to bodies providing assistance in relation to certain planning policy or development proposals

225

(1) The Department may make grants to any body of persons (not being a body carried on for profit) which appears to the Department to have among its principal objectives—

(a) furthering an understanding of planning policy proposals and of the planning and other technical aspects of other proposals made by any body or person for the development, redevelopment or improvement of land; and

(b) providing assistance to the community, or to a section of the community, in relation to such proposals.

(2) The Department may make grants to any body of persons (not being a body carried on for profit) which appears to the Department to have among its principal objectives furthering the preservation, conservation and regeneration of historic buildings.

(3) Grants under subsection (1) or (2) shall be of such amounts and subject to such terms and conditions as the Department thinks fit.

Contributions by councils and statutory undertakers

226

(1) Any statutory undertaker may contribute towards any expenses incurred by a council for the purposes of carrying out a review under section 3.

(2) Any council may contribute towards any expenses incurred by any other council for the purposes of carrying out a review under section 3.

(3) Any statutory undertaker may contribute towards any expenses incurred by a council in or in connection with the performance of any of its functions under—

(a) Part 3;

(b) Part 4;

(d) Part 6;

(e) Part 7.

(4) Any council may contribute towards any expenses incurred by any other council in or in connection with the performance of the second mentioned council's functions under any of the provisions mentioned in subsection (3)(a) to (e).

(5) Where any expenses are incurred by a council in the payment of compensation payable in consequence of anything done under any provision mentioned in section 227(2) (except for anything done under section 176 or 177), the Department may, if it appears to it to be expedient to do so, require any other council to contribute towards those expenses such sum as appears to the Department to be reasonable, having regard to any benefit accruing to that council by reason of the proceeding giving rise to the compensation.

Contributions by departments towards compensation paid by councils

227

(1) Where—

(a) compensation is payable by a council under this Act or the Act of 1965 in consequence of any decision or order to which this section applies, and

(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a Northern Ireland department and the cost of which is defrayed by money provided by the Assembly,

the department responsible for the administration of that service may pay to that council a contribution of such amount as that department may with the consent of the Department of Finance and Personnel determine.

(2) This section applies to any decision or order given or made under Part 3, 4, 5 or 7.

Part 14 — Miscellaneous and general provisions

Review of Act

228

(1) The Department must—

(a) not later than 3 years after the commencement of Part 3 of this Act, and

(b) at least once in every period of 5 years thereafter,

review and publish a report on the implementation of this Act.

(2) Regulations under this section shall set out the terms of the review.

Duty to respond to consultation

229

(1) This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any statutory provision.

(2) A prescribed requirement to consult is a requirement—

(a) with which the council or the Department must comply before granting any permission or consent under or by virtue of this Act; and

(b) which is prescribed for the purposes of this subsection.

(3) The consultee must give a substantive response to any consultation mentioned in subsection (2) before the end of—

(a) the period prescribed for the purposes of this subsection, or

(b) such other period as is agreed in writing between the consultee and the council or the Department (as the case may be).

(4) The Department may also prescribe—

(a) the procedure to be followed for the purposes of this section;

(b) the information to be provided to the consultee for the purposes of the consultation;

(5) Anything prescribed for the purposes of subsections (1) to (4) must be prescribed by development order.

(6) A development order may—

(a) require consultees to give the Department a report as to their compliance with subsection (3);

(b) specify the form and content of the report;

Application of Act in special cases

Minerals

230

(1) This Act shall apply to development consisting of the winning and working of minerals subject to the adaptations and modifications specified in subsection (2).

(2) For the purposes of this Act “use” in relation to the development of land does not include the use of land by the carrying out of mining operations, so, however, that—

(a) section 23(5) shall apply in relation to the deposit of refuse or waste materials in the course of mining operations; and

(b) in the following provisions—

(i) section 24;

(ii) section 52(1)(b);

(iii) section 68(3);

(iv) section 73 or section 76;

(v) sections 133, 140(4), 145, 149 and 152;

(vi) section 168, 169 or 170,

references to the use of land or the purpose for which land may be used shall include the carrying out of mining operations and references to the continuance or discontinuance of a use of land shall include the continuance or discontinuance of mining operations.

Inquiries

Local inquiries

231

(1) The Department may cause a public local inquiry to be held for the purpose of the exercise of any of its functions under this Act.

(2) Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) applies in relation to a public local inquiry held under this Act as it applies in relation to a local inquiry held under an enactment passed or made as mentioned in section 23 of that Act.

(3) Without prejudice to the provisions of Schedule A1 to the Interpretation Act (Northern Ireland) 1954, the Department may make rules regulating the procedure (except the procedure in relation to any matter for which rules under subsection (3) of section 233, subsection (3) of section 234 or subsection (2) or (5) of section 235 may make provision) to be followed in connection with inquiries held by or on behalf of the Department under this Act.

(4) Rules made under subsection (3) shall be subject to negative resolution.

Inquiries to be held in public subject to certain exceptions

232

(1) Subject to subsections (2) and (4), at any public local inquiry or independent examination held under this Act oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(2) If the Secretary of State is satisfied in the case of any public local inquiry or independent examination—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (3); and

(b) that the public disclosure of that information would be contrary to the national interest,

the Secretary of State may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry or examination by such persons or persons of such descriptions as may be specified in the direction.

(3) The matters referred to in subsection (2)(a) are—

(a) national security;

(b) the measures taken or to be taken to ensure the security of any premises or property belonging to Her Majesty in right of the Crown or belonging to a department of the government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department;

(c) the measures taken or to be taken to ensure the security of any premises or property which is used for the purposes of the armed forces of the Crown or the Ministry of Defence Police.

(4) If the Department of Justice is satisfied in the case of any public local inquiry or independent examination—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (5); and

(b) that the public disclosure of that information would be contrary to the public interest,

the Department of Justice may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry or examination by such persons or persons of such descriptions as may be specified in the direction.

(5) The matters referred to in subsection (4)(a) are the measures taken or to be taken to ensure the security of any premises or property (other than premises or property mentioned in subsection (3)(b) or (c)) except where those matters are matters of national security.

Directions: Secretary of State

233

(1) If the Secretary of State is considering giving a direction under section 232(2), the Advocate General for Northern Ireland may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at any inquiry or examination if the direction is given.

(2) If before the Secretary of State gives a direction under section 232(2) no person is appointed under subsection (1), the Advocate General for Northern Ireland may at any time appoint a person as mentioned in subsection (1) for the purposes of the inquiry or examination.

(3) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before a direction is given under section 232(2) in a case where a person has been appointed under subsection (1);

(b) as to the functions of a person appointed under subsection (1) or (2).

(4) Rules made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

(5) If a person is appointed under subsection (1) or (2) (the appointed representative) the Secretary of State may direct any person who the Secretary of State thinks is interested in the inquiry or examination in relation to a matter mentioned in section 232(3) (the responsible person) to pay the fees and expenses of the appointed representative.

(6) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount shall be determined by the Secretary of State.

(7) The Secretary of State shall cause the amount agreed between the appointed representative and the responsible person or determined by the Secretary of State to be certified.

(8) An amount so certified is recoverable from the responsible person as a civil debt.

Directions: Department of Justice

234

(1) If the Department of Justice is considering giving a direction under section 232(4) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at any inquiry or examination if the direction is given.

(2) If before the Department of Justice gives a direction under section 232(4) no person is appointed under subsection (1), the Attorney General may at any time appoint a person as mentioned in subsection (1) for the purposes of the inquiry or examination.

(3) The Department of Justice may by rules make provision—

(a) as to the procedure to be followed by that Department before a direction is given under section 232(4) in a case where a person has been appointed under subsection (1);

(b) as to the functions of a person appointed under subsection (1) or (2).

(4) Rules made under subsection (3) shall be subject to negative resolution.

(5) If a person is appointed under subsection (1) or (2) (the appointed representative) the Department of Justice may direct any person who that Department thinks is interested in the inquiry or examination in relation to a matter mentioned in section 232(5) (the responsible person) to pay the fees and expenses of the appointed representative.

(6) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount shall be determined by the Department of Justice.

(7) The Department of Justice shall cause the amount agreed between the appointed representative and the responsible person or determined by that Department to be certified.

(8) An amount so certified is recoverable from the responsible person as a civil debt.

National security

235

(1) Where, in relation to an application for planning permission or an application for any consent or approval under this Act or a development order, the Secretary of State is of the opinion—

(a) that the consideration by the council or, as the case may be, the Department of the Environment of the application or of any representations or objections made in respect of the application raises matters relating to—

(i) national security;

(ii) the measures taken or to be taken to ensure the security of any premises or property belonging to Her Majesty in right of the Crown or belonging to a department of the government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department;

(iii) the measures taken or to be taken to ensure the security of any premises or property which is used for the purposes of the armed forces of the Crown or the Ministry of Defence Police; and

(b) that the public disclosure of information as to any of those matters would be contrary to the national interest,

the Secretary of State may certify that the application is one to which this subsection applies.

(2) The Secretary of State may by rules make provision—

(a) for the procedure to be followed in relation to the issue of a certificate under subsection (1);

(b) enabling the Department of the Environment to dispense with an inquiry where that Department or the relevant council has not received any objections or representations in respect of an application to which subsection (1) applies or where every objection or representation made in respect of such an application is withdrawn.

(3) Rules made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

(4) Where, in relation to an application for planning permission or an application for any consent or approval under this Act or a development order, the Department of Justice is of the opinion—

(a) that the consideration by the council or, as the case may be, the Department of the Environment of the application or of any representations or objections made in respect of the application raises matters relating to the measures taken or to be taken to ensure the security of any premises or property, other than premises or property mentioned in subsection (1)(a)(ii) or (iii); and

(b) that the public disclosure of information as to any of those matters would be contrary to the public interest,

the Department of Justice may certify that the application is one to which this subsection applies.

(5) The Department of Justice may by rules make provision—

(a) for the procedure to be followed in relation to the issue of a certificate under subsection (4);

(b) enabling the Department of the Environment to dispense with an inquiry where that Department or the relevant council has not received any objections or representations in respect of an application to which subsection (4) applies or where every objection or representation made in respect of such an application is withdrawn.

(6) Rules made under subsection (5) shall be subject to negative resolution.

Rights of entry

236

(1) Any person duly authorised in writing by a council may at any reasonable time enter any land for the purpose—

(a) of surveying it in connection with—

(i) the preparation, revision or adoption of a local development plan relating to the land under Part 2;

(ii) the making or altering of a simplified planning zone scheme relating to the land;

(iii) any application under Part 3 or 4, or under any order or regulations made thereunder, for any permission, consent, agreement, approval or determination to be given or made in connection with that land or any other land under Part 3 or 4 or under any such order or regulations;

(iv) any proposal by the council to make, issue or serve any order or notice under Part 3 or 4, or under any order or regulations made thereunder;

(b) of ascertaining—

(i) whether any listed building on the land is being maintained in a proper state of repair;

(ii) whether any order or notice made, issued or served as mentioned in paragraph (a)(iv) in respect of the land has been complied with;

(c) of affixing a notice in accordance with section 82(1) or displaying a notice in accordance with section 150(10) or (11).

(2) Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose—

(a) of surveying it in connection with—

(i) the preparation, revision or approval of a local development plan relating to the land under Part 2;

(ii) any application under Part 3 or 4, or under any order or regulations made thereunder, for any permission, consent, agreement, approval or determination to be given or made in connection with that land or any other land under Part 3 or 4 or under any such order or regulations;

(iii) any proposal by the Department to make, issue or serve any order or notice under Part 3 or 4, or under any order or regulations made thereunder, or any notice under section 202;

(b) of surveying any building on the land in connection with a proposal to include the building in, or exclude it from, a list compiled under section 80;

(i) whether any listed building on the land is being maintained in a proper state of repair;

(ii) whether any order or notice made, issued or served as mentioned in paragraph (a)(iii) in respect of the land has been complied with;

(d) of displaying a notice in accordance with section 150(10) or (11) (as applied by section 151).

(3) Any member of the planning appeals commission may at any reasonable time enter any land for the purpose of surveying it in connection with the exercise of the functions of the commission under this Act.

(4) Any person, being an officer of the Department of Finance and Personnel or a person duly authorised in writing by the Department for Communities or the Department for Infrastructure or a council, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with—

(a) any proposal to acquire that land or any other land under this Act or any claim for compensation in respect of any such acquisition;

(b) any claim for compensation in respect of that land under any of sections 181 to 187.

(5) Any power conferred by this section to survey land shall be construed as conferring power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein, but a person shall not carry out any works authorised by virtue of this subsection unless notice of that person's intention to do so was included in the notice required by section 237(1)(b).

(6) Where it is proposed to search or bore in pursuance of subsection (5) in a street within the meaning of the Street Works (Northern Ireland) Order 1995 (NI 19)—

(a) Article 15 of that Order (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works;

(b) Article 29 of that Order (requirements to be complied with where works likely to affect another person's apparatus in the street); and

have effect in relation to the searching or boring as if they were street works within the meaning of that Order.

Supplementary provisions as to powers of entry

237

(1) A person authorised or permitted under section 236 to enter upon any land—

(a) must, if so required, produce evidence of that person's authority or of that person's appointment as a member of the planning appeals commission and state the purpose of entry before so entering;

(b) must not demand admission as of right to any land which is occupied unless 3 days' notice of the intended entry has been given to the occupier.

(2) Any person who wilfully obstructs a person acting in the exercise of powers under section 236 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If any person who, in compliance with section 236, is admitted into a factory, workshop or work place discloses to any person any information obtained by the first-mentioned person as to any manufacturing process or trade secret, that person shall, unless the disclosure is made in the course of performing a duty in connection with the survey or estimate for which that person was authorised to enter the land, be guilty of an offence and liable—

(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.

(4) Where any property is damaged in the exercise of a right of entry conferred under section 236, or in the making of a survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the property from the council on whose behalf the entry was effected or, as the case may be, the relevant department .

(5) Any question of disputed compensation recoverable under subsection (4) shall be determined by the Lands Tribunal.

Supplementary provisions as to powers of entry: Crown land

238

(1) Section 236 applies to Crown land subject to the following modifications.

(2) A person must not enter Crown land unless that person has the relevant permission.

(3) Relevant permission is the permission of—

(a) a person appearing to the person seeking entry to the land to be entitled to give it; or

(b) the appropriate authority.

(4) In subsection (5) the words from “, but a person” to the end of that subsection shall be omitted.

(5) Section 237 does not apply to anything done by virtue of this section.

(6) “Appropriate authority” and “Crown land” shall be construed in accordance with section 212(1).

Miscellaneous and general provisions

Service of notices and documents

239

(1) Without prejudice to section 24(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any notice or other document required or authorised to be served on or sent or given to any person under the provisions of this Act may be served, sent or given, in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (2), to that person at that address (subject to subsection (3)).

(2) The condition mentioned in subsection (1) is that the notice or other document is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(3) Subsection (1) does not apply to—

(a) service of a copy of a notice under section 43(4);

(b) service of a building preservation notice under section 81;

(c) giving of notice of the making of a tree preservation order or the service of a copy of such an order, in accordance with regulations under section 122;

(d) service of a planning contravention notice under section 133;

(e) service of a temporary stop notice under section 135;

(f) service of a copy of an enforcement notice under section 138 or 139;

(g) the variation or withdrawal of an enforcement notice under section 141 or 142;

(h) service under section 149(4) of a notice of a council's intention to take steps required by an enforcement notice;

(i) service of a stop notice, or notice of withdrawal of a stop notice, under section 150 or 151;

(j) service of a breach of condition notice under section 152;

(k) service of a notice under section 153 or 154;

(l) service of a copy of a listed building enforcement notice, or notice of variation or withdrawal of a listed building enforcement notice under section 157 or 158;

(m) service of a copy of a hazardous substances contravention notice, or notice of withdrawal of a hazardous substances contravention notice under section 162;

(n) service of a copy of a notice varying a hazardous substances contravention notice under section 163;

(o) service of a notice under section 240 requiring information as to estates in land.

(4) Where a person uses electronic communications to transmit any notice or other document for any purpose of this Act which is capable of being carried out electronically that person shall be taken to have agreed, except where a contrary intention appears, to the use of such communications and that his or her address for that purpose is the address incorporated into, or otherwise logically associated with the notice or document.

(5) Where a person is no longer willing to accept the use of electronic communications for any purpose of this Act which is capable of being carried out electronically, he or she must give notice in writing—

(a) withdrawing any address notified to the council, the Department for Communities, the Department for Infrastructure or the planning appeals commission for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the council, the Department for Communities, the Department for Infrastructure or the planning appeals commission for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given.

Information as to estates in land

240

(1) For the purpose of enabling a council the Department for Infrastructure or the Department for Communities to make an order or issue or serve a notice or other document which by any of the provisions of this Act a council the Department for Infrastructure or the Department for Communities is authorised or required to make, issue or serve, the council the Department for Infrastructure or the Department for Communities may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give, in writing, within 21 days after the date on which the notice is served, or such longer time as may be specified in the notice or as the council or the Department for Infrastructure or the Department for Communities, as the case may be may allow, such information as to the matters mentioned in subsection (2) as may be specified.

(2) The matters referred to in subsection (1) are—

(a) the nature of the estate in the premises of the person on whom the notice is served;

(b) the name and postal address of any other person known to that person as having an estate in the premises;

(d) the time when that use began;

(e) the name and postal address of any person known to the person on whom the notice is served as having used the premises for that purpose; and

(f) the time when any activities being carried out on the premises began.

(3) Any person who, without reasonable excuse, fails to comply with a notice served on that person under subsection (1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Any person who having been required by a notice under subsection (1) to give any information knowingly makes any misstatement in respect of that information shall be guilty of an offence and liable—

(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.

Information as to estates in Crown land

241

(1) This section applies to an estate in Crown land which is not a private estate.

(2) Section 240 does not apply to an estate to which this section applies.

(3) For a purpose mentioned in section 240(1) the Department may request the appropriate authority to give the Department such information as to the matters mentioned in section 240(2) as the Department specifies in the request.

(4) The appropriate authority must comply with a request under subsection (3) except to the extent—

(a) that the matter is not within the knowledge of the authority, or

(b) that to do so will disclose information as to any of the matters mentioned in section 232(3).

(5) Expressions used in this section and in Part 11 shall be construed in accordance with that Part.

Planning register

242

(1) A council must keep, in such manner as may be specified by a development order, one or more registers containing such information as may be so specified with respect to—

(a) applications made, or deemed to be made, under this Act to the council, to the Department or to the planning appeals commission for any permission, consent, approval or determination;

(b) the manner in which such applications have been dealt with;

(d) pre-application community consultation reports under section 28;

(e) the revocation or modification of any permission or consent granted under this Act;

(f) enforcement notices or listed building enforcement notices;

(g) stop notices;

(h) orders under section 73;

(i) simplified planning zones and enterprise zones;

(j) directions given by the Department under—

(i) section 105(4);

(ii) section 118; and

(iii) any provision included in a development order by virtue of section 32;

(k) hazardous substances contravention notices;

(l) tree preservation orders;

(m) notices under section 127;

(n) breach of condition notices;

(o) certificates under section 169 or 170;

(p) building preservation notices;

(q) temporary stop notices issued under section 135; and

(r) applications for a determination under paragraph 9 of Schedule 2 or paragraph 7 of Schedule 3.

(2) A development order may make provision for requiring the Department for Infrastructure or the Department for Communities to supply to a council such information as may be so specified in the order with regard to the matters mentioned in subsection (1)(a) to (j).

(3) Every register kept under subsection (1) must be available for inspection by the public at all reasonable hours.

(4) The council may provide a copy of, or of an extract from, any register kept under this section to any person on payment of such reasonable charge as the council may specify.

Power to appoint advisory bodies or committees

243

(1) The Minister for Infrastructure may appoint such advisory bodies or committees as the Minister considers necessary to assist the Department for Infrastructure in the exercise and performance of the functions conferred on that Department by this Act.

(2) The Minister for Communities may appoint such advisory bodies or committees as the Minister considers necessary to assist the Department for Communities in the exercise and performance of the functions conferred on that Department by this Act.

Time limit for certain summary offences under this Act

244

Notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26), a magistrates' court shall have jurisdiction to hear and determine a complaint charging the commission of an offence under section 152 if the complaint is made within 3 years from the time when the offence was committed or ceased to continue.

Registration of matters in Statutory Charges Register

245

In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) (matters requiring to be registered in the Statutory Charges Register) for entry 27 substitute the following entry—

(27) Any of the following matters under the Planning Act (Northern Ireland) 2011— (a) planning agreements under section 76; (b) an entry in a list compiled under section 80; (c) tree preservation orders; (d) enforcement notices which take effect in relation to any land; (e) listed building enforcement notices which take effect in relation to any land; (f) any conditions imposed on the grant of planning permission— (i) relating to the occupancy of a dwelling house; or (ii) requiring that a dwelling house on any land which is under the control of the applicant be demolished or cease to be used as a dwelling house; (g) notices under section 164 which take effect in relation to any land; (h) orders under section 68, 72 or 73; (i) any designation under section 104(1).

Directions

246

Any directions which may be given, or must be given, under this Act may be withdrawn or may be varied or revoked by a subsequent direction.

Regulations and orders

247

(1) The Department may make regulations for prescribing anything which under this Act is authorised or required to be prescribed.

(2) Subject to subsection (3), any regulations made under this Act are subject to negative resolution.

(3) Regulations under sections 153(9) and 154(9) shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(4) Subject to subsection (5), orders made under sections 23(3)(e), 32, 38(3) and 251 are subject to negative resolution.

(5) Subsection (4) applies subject to section 251(4).

(6) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

Amendment of the Planning (Northern Ireland) Order 1991

Amendment of certain time periods in relation to enforcement

248

(1) In Article 23 of the Planning (Northern Ireland) Order 1991 (NI 11) (in this section referred to as “the 1991 Order”) (notice requiring planning application) in paragraph (2) for “four” substitute “ 5 ”.

(2) In Article 24 of the 1991 Order (appeal against notice under Article 23) in paragraph (2)(c) for “four” substitute “ 5 ”.

(3) In Article 67B of the 1991 Order (time limits)—

(a) in paragraphs (1), (2) and (4)(b) for “4” substitute “ 5 ”;

(b) in paragraph (3) for “10” substitute “ 5 ”.

(4) In Article 67F of the 1991 Order (temporary stop notice: restrictions) in paragraph (2) for “4” substitute “ 5 ”.

(5) In Article 73 of the 1991 Order (service of stop notice) in paragraph (3D) for “4” substitute “ 5 ”.

(6) In Article 82 of the 1991 Order (enforcement of duties as to replacement of trees) in paragraph (2) for “4” substitute “ 5 ”.

Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991

249

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 15 — Supplementary

Interpretation

250

(1) In this Act—

“the Act of 1965” means the Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23);

“address” in relation to electronic communications, means any number or address used for such purposes;

“advertisement” means any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the preceding provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

“aftercare condition” has the meaning given in section 53(2);

“aftercare scheme” has the meaning given in section 53(3);

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing lands, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

“breach of condition notice” has the meaning given in section 152;

“breach of planning control” has the meaning given in by section 131;

“building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

“buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings;

“building operations” has the meaning given in section 23;

“building preservation notice” has the meaning given in section 81(1);

“clerk of the council”, in relation to a council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972 (c. 9);

“current community plan” has the same meaning as in Part 10 (community planning) of the Local Government Act (Northern Ireland) 2014;

“conservation area” has the meaning given in section 104(12);

“conservation area consent” has the meaning given in section 105(2);

“contravention of hazardous substances control” has the meaning given in section 117(2);

“council”, except in Schedule 5, means a district council;

“the Department”, except where otherwise specified, means the Department of the Environment;

“depositing of mineral waste” means any process whereby a mineral working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

“development” has the meaning given in section 23;

“development order” has the meaning given in section 32;

“electricity undertaker” means a holder of a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992 (NI 1);

“electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001 (c. 9);

“enforcement notice” means a notice under section 138 or 139;

“engineering operations” includes the formation or laying out of means of access to roads;

“enterprise zone scheme” means a scheme or modified scheme under Part II of the Enterprise Zones (Northern Ireland) Order 1981 (NI 15) having effect to grant planning permission by virtue of section 39;

“erection” in relation to buildings includes extension, alteration and re-erection;

“gas undertaker” means a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996 (NI 2);

“hazardous substances consent” means consent required by section 108;

“hazardous substances contravention notice” has the meaning given in section 162(3);

“lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;

“listed building” has the meaning given in section 80;

“listed building consent” has the meaning given in section 85;

“listed building enforcement notice” has the meaning given in section 157;

“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;

“mineral working deposit” means any deposit of material remaining after materials have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;

“minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include turf cut for purposes other than sale;

“mining operations” means—the winning and working of minerals in, on, or under land whether by surface or underground working; andthe management of waste resulting from the winning, working, treatment and storage of minerals,and, for the purposes of paragraph (b), treatment does not include smelting, thermal manufacturing processes (other than the burning of limestone) and metallurgical processes;

“Minister”, except where otherwise specified, means the Minister for Infrastructure;

“mortgage” includes any charge or lien on any property for securing money or money's worth;

“outline planning permission” has the meaning given in section 62(1);

“owner” in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;

“planning contravention notice” has the meaning given in section 133(1);

“planning decision” means a decision made on an application in accordance with Part 3;

“planning permission” means permission under Part 3;

“planning permission granted for a limited period” has the meaning assigned to it by section 52(3);

“prescribed” means prescribed by regulations under this Act;

“public body” has the same meaning as in the Local Government Act (Northern Ireland) 1972 (c. 9);

“purchase notice” means a notice served under section 191;

“regional development strategy” means the strategy formulated by the Department for Regional Development under the Strategic Planning (Northern Ireland) Order 1999 (NI 4);

“regulations” means regulations made by the Department;

“restoration condition” has the meaning given in section 53(2);

“road” has the same meaning as in the Roads (Northern Ireland) Order 1993 (NI 15) but includes land in respect of which street planning functions, as defined in the Private Streets (Northern Ireland) Order 1980 (NI 12), have been exercised under Article 3(1) of that Order;

“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 33;

“statutory undertaker” means persons authorised by any statutory provision to carry on any railway, road transport, water transport, inland navigation, dock or harbour undertaking, or a gas undertaker or an electricity undertaker, or a universal service provider (within the meaning of the Postal Services Act 2000 (c. 26)) in connection with the provision of a universal postal service (within the meaning of that Act) or the airport operator (within the meaning of the Airports (Northern Ireland) Order 1994 (NI 1)) of any airport to which Article 25 of that Order applies or a water undertaker or sewerage undertaker;

“stop notice” has the meaning given in section 150;

“tenancy” includes a tenancy created by an agreement for a lease and a tenancy created under any statutory provision, but does not include—a mortgage term; ora tenancy for a year (or any shorter term) or from year to year (or any other periodic tenancy) having reference to any period less than a year; ora tenancy at will;

“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit;

“tree preservation order” has the meaning given in section 122;

“trustee” includes an implied or constructive trustee and a personal representative;

“use” in relation to land, does not include the use of land for the carrying out of any building or other operations thereon.

(2) Where—

(a) an electronic communication is used for the purpose of giving or serving a notice or other document on or to any person for the purposes of this Act, and

(b) the communication is received by that person outside that person's business hours,

it shall be taken to have been received on the next working day, and in this subsection, “working day” means a day which is not a Saturday, Sunday or a public holiday.

Further provision

251

(1) The Department may by order make such supplementary, incidental or consequential provision as it thinks appropriate—

(a) for the general purposes, or any particular purpose, of this Act;

(b) in consequence of any provision made by or under this Act, or for giving full effect to it.

(2) The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with—

(a) the coming into operation of any provision of this Act; or

(b) any provision made by an order under subsection (1).

(3) An order under this section may amend, modify or repeal any statutory provision (including a statutory provision restating, with or without modifications, a statutory provision amended by this Act).

(4) An order which does so shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(5) The powers conferred by this section are not restricted by any other provision of this Act.

Minor and consequential amendments

252

The statutory provisions mentioned in Schedule 6 shall have effect with the amendments specified there.

Repeals

253

The statutory provisions mentioned in Schedule 7 are repealed to the extent specified in the second column of that Schedule.

Commencement

254

(1) This Act, apart from this section, section 250, 251 and section 255, shall come into operation on such day or days as the Department may by order appoint.

(2) No order shall be made under subsection (1) in respect of Part 3 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(3) Section 249 comes into operation on Royal Assent.

Short title

255

This Act may be cited as the Planning Act (Northern Ireland) 2011.

SCHEDULE 1

1

Where a council decides under section 34 to make or alter a simplified planning zone scheme it must—

(a) notify the Department of its decision as soon as practicable, and

(b) determine the date on which the council will begin to prepare the scheme or the alterations.

2

(1) A council proposing to make or alter a simplified planning zone scheme must, before determining the content of its proposals, comply with this paragraph.

(2) The council must consult or notify such persons as regulations may require it to consult or, as the case may be, notify.

(3) The council must take such steps as may be prescribed or as the Department may, in a particular case, direct to publicise—

(a) the fact that the council proposes to make or alter a simplified planning zone scheme, and

(b) the matters which it is considering including in the proposals.

(4) The council must consider any representations that are made in accordance with regulations.

3

Where a council has prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, it must—

(a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,

(b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,

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