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PLANNING (NORTHERN IRELAND) ORDER 1972 PLANNING (NORTHERN IRELAND) ORDER 1972 - LONG TITLE [1st November 1972]4P ART I [{4}( a ) makes an order under Article 13 or 14 of the Roads (Northern Ireland) Order 1980|;] or <1980 NI 11 makes an order under section 1 of the New Towns Act (Northern Ireland) 1965|; or <1965 c.13 ] ; or (d)adopts a development scheme under Article 53; PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 10 10.(1) Without prejudice to Articles 4 to 9, the Ministry may make regulations with respect to the form and content of development plans and with respect to the procedure to be followed in connection with their preparation, adoption, alteration, repeal and replacement. (2) A development plan or any alteration, revocation or replacement thereof shall become operative on a date appointed for the purpose in the order adopting it or order affecting the alteration, repeal or replacement. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 11 11.(1) In this Order, subject to paragraphs (2) to (4), "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) The following operations or uses of land shall not be taken for the purposes of this Order 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 district council or statutory undertaker of any works for the purpose of inspecting, repairing or renewing any 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 Ministry for the purpose of this Article, the use thereof for any other purpose of the same class. (3) For the purposes of this Article (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. (4) Without prejudice to any regulations made under this Order 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 Article as involving a material change in the use of that part of the building. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 12 12. Subject to this Order, planning permission is required for the carrying out of any development of land. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 13 13.(1) The Ministry shall by order (in this Order referred to as a "development order") provide for the granting 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 the Ministry on an application in that behalf made to the Ministry in accordance with the order. (3) 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. (4) Without prejudice to the generality of paragraph (3), where planning permission is granted by a development order for development of a specified class, the order may enable the Ministry to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development. (5) 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 Order 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. (6) 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 acordance with a development plan, a development order may authorise the Ministry to suspend the operation of any enactment contained in a local Act or of any regulations, orders, or bye-laws made at any time under any statutory provision in relation to any development specified under the order. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 14 14.(1) Any application to the Ministry for planning permission (a)shall be made in such manner as may be prescribed; and (b)shall include such particulars, and be verified by such evidence, as may be required by the regulations or by any directions given by the Ministry thereunder; and [(c)shall be accompanied by the prescribed fee.] (2) Provision shall be made by regulations for regulating the manner in which applications for planning permission to develop land are to be dealt with by the Ministry and in particular (a)for requiring the Ministry before granting or refusing planning permission for any development to consult with the appropriate district council and with such authorities or persons as may be prescribed; (b)for requiring the Ministry to give to any applicant for planning permission, within such time as may be prescribed, such notice as may be prescribed as to the manner in which his application has been dealt with. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 15 15. Where an application for planning permission is made to the Ministry, the Ministry (a)shall publish notice of the application in at least one newspaper circulating in the locality in which the land to which the application relates is situated; and (b)shall not determine the application before the expiration of fourteen days from the date on which notice of the application is first published in a newspaper in pursuance of paragraph (a). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 16 16.(1) Subject to paragraph (2), the Ministry shall not entertain an application for planning permission in relation to any land (in this Article and in Article 17 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 forty 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 forty 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 twenty-one 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 he was such a person as is described in sub-paragraph (a) or (b); (ii)that (not being such a person as is described in sub-paragraph (a) or (b)) he was in the acutal possession of the designated land; <(iii)that (not being a person falling under head (i) or (ii)) he was entitled to enter into the actual possession of the designated land within a period of forty years; (d)a certificate stating (i)that the applicant is unable to issue a certificate in accordance with sub-paragraph (a) or (b); and (ii)that he has made due inquiries and is of the opinion, for the reasons specified in the certificate, that he is unable to issue a certificate which would satisfy the requirements of sub-paragraph (c); and <(iii)that he has given the requisite notice of the application to any person who, at the beginning of the period of twenty-one days ending with the date of the application, was in the actual possession of any part of the designated land. (2) Paragraph (1) shall 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 Ministry or proposed by the Executive; (b)by the Northern Ireland Electricity Service to place an electricity line above or below ground across any land. (3) A certificate for the purposes of sub-paragraph (c) or (d) of paragraph (1) shall set out the names and addresses of the persons to whom the requisite notice was given in accordance with that sub-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 paragraph (1)(c) or (d), the Ministry shall not determine the application before the end of the period of fourteen 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 Article, 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; (6) If any person (a)issues a certificate which purports to comply with the requirements of this Article and which contains a statement which he 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; (7) Any certificate issued for the purposes of this Article shall be in such form as may be prescribed; and any reference in this Article to the requisite notice is a reference to a notice in the prescribed form. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 17 17.(1) Subject to this Part, where an application is made to the Ministry for planning permission, the Ministry, in dealing with the application shall have regard to the development plan, so far as material to the application, and to any other material considerations, and (a)subject to Articles 25 and 26, may grant planning permission, either unconditionally or subject to such conditions as it thinks fit, or (b)may refuse planning permission. (2) In determining any application for planning permission, the Ministry shall take into account any representations relating to that application which are received by it before the expiration of the period of fourteen days from the date on which notice of the application is first published in a newspaper. (3) Where an application for planning permission is accompanied by such a certificate as is mentioned in Article 16(1)(c) or (d), the Ministry (a)in determining the application, shall take into account any representations relating thereto which are made to it by any person who satisfies it that, in relation to any of the designated land, he is such a person as is described in Article 16(1)(c); and (b)shall give notice of its decision on the application to every person who made representations which it was required to take into account under sub-paragraph (a). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 18 18.(1) Without prejudice to the generality of Article 17(1), conditions may be imposed on the grant of planning permission (a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the Ministry to be expedient for the purposes of or in connection with the development authorised by the permission; (b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period. (2) Any planning permission granted subject to such a condition as is mentioned in paragraph (1)(b) is in this Order referred to as "planning permission granted for a limited period". PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 19 19.(1) An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application, whether (a)the buildings or works were constructed or carried out or the use instituted without planning permission or in accordance with planning permission granted for a limited period; or (b)the application is for permission to retain the buildings or works or to continue the use of land without complying with some condition subject to which a previous planning permission was granted. (2) Any power to grant planning permission to develop land under this Order shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in paragraph (1); and references in this Order to planning permission to develop land or carry out any development of land and to applications for such permission, shall be construed accordingly. (3) Any planning permission granted under paragraph (2) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or a use instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 20 20.(1) Without prejudice to Articles 25 to 29, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being having an estate therein. (2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified the permission shall be construed as including permission to use the building for the purpose for which it is designed. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 21 21.(1) The Ministry shall keep one or more registers containing information with respect to applications for planning permission including information as to the manner in which such applications have been dealt with. (2) Every register kept under paragraph (1) shall be available for inspection by the public at all reasonsable hours. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 22 22.(1) Where, in relation to an application for planning permission, or an application for any approval required under a development order, the Ministry considers that the development for which the permission or approval is sought would, if permitted (a)involve a substantial departure from the development plan for the area to which it relates; or (b)be of significance to the whole or a substantial part of Northern Ireland; or (c)affect the whole of a neighbourhood; [or (d)consist of or include the construction, formation, laying out or alteration of a means of access to a trunk road or of any other development of land within 67 metres of the middle of such a road, or of the nearest part of a special road;] (2) For the purpose of considering representations made in respect of an application for planning permission to which this Article applies, the Ministry may cause a public local inquiry to be held by the planning appeals commission. (3) Where a public local inquiry is not held under paragraph (2), the Ministry shall, before determining the application, serve a notice on the applicant 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 twenty-eight days from the date of service thereof) the applicant so desires, the Ministry shall afford to him an opportunity of appearing before and being heard by the planning appeals commission. (4) In determining an application for planning permission to which this Article has been applied, the Ministry shall, where any inquiry or hearing is held, take into account the report of the planning appeals commission. (5) The decision of the Ministry on an application for planning permission to which this Article has been applied shall be final. [(6) In this Article "road" includes a proposed road and "special road", "trunk road" and "proposed road" have the same meaning as in the Roads (Northern Ireland) Order 1980.] PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 23 23.(1) This Article has effect in relation to an application for planning permission other than an application in relation to which the Ministry serves a notice under Article 22(1). (2) Where an application is made to the Ministry (a)for planning permission to develop land; or (b)for any approval of the Ministry required under a development order; (3) Any notice under this Article (a)shall be served on the planning appeals commission within six months from the date of notification of the decision to which it relates or such longer period as the commission may allow; [(b)shall be accompanied by the prescribed fee [(if any)].] (4) Where an appeal is brought under this Article from a decision of the Ministry, the planning appeals commission, subject to paragraphs (5) and (6), may allow or dismiss the appeal or may reverse or vary any part of the decision whether the appeal relates to that part thereof or not [and may deal with the application as if it had been made to it in the first instance]. (5) Before determining an appeal under this Article, the planning appeals commission shall if either the applicant or the Ministry so desires, afford to each of them an opportunity of appearing before and being heard by the commission. (6) Subject to paragraph (5), Articles 15 to 18 shall apply, with any necessary modifications, in relation to an appeal to the planning appeals commission under this Article as they apply to an application for planning permission. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 24 24. Where an application is made to the Ministry for planning permission, or for any approval required under a development order, then unless within such period as may be prescribed, or within such extended period as may be agreed upon in writing between the applicant and the Ministry, the Ministry either (a)gives notice to the applicant of its decision on the application; or (b)gives notice to him that the application is one to which Article 22 applies, (i)as if the permission or approval to which it relates had been refused by the Ministry; and (ii)as if notification of the Ministry's decision had been received by the applicant at the end of the said prescribed period, or at the end of the said extended period, as the case may be. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 25 25.(1) Subject to this Article, every planning permission granted shall be granted subject to the condition that the development to which it relates must be begun within (a)five years of the date on which the permission is granted; or (b)such other period (whether longer or shorter) as the Ministry considers appropriate. (2) If planning permission is granted without the condition required by paragraph (1), it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun within five years of the date of the grant. (3) Nothing in paragraphs (1) and (2) applies (a)to any outline planning permission; or (b)to any planning permission granted by a development order; or (c)to any planning permission granted for a limited period; or (d)to any planning permission granted under Article 19. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 26 26.(1) In this Article and in Article 25 "outline planning permission" means planning permission granted in accordance with the provisions of a development order, conditional on the subsequent approval by the Ministry of the particulars of the proposed development (in this Article referred to as "reserved matters"). (2) Subject to this Article, where outline planning permission is granted for development consisting of or including the carrying out of building or other operations it shall be granted subject to conditions to the following effect (a)that in the case of any reserved matter application for approval must be made within three years of the date of the grant of outline planning permission; and (b)that the development to which the permission relates must be begun by whichever is the later of the following dates (i)the expiration of five years from the date of the grant of outline planning permission; or (ii)the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. (3) If outline planning permission is granted without the conditions required by paragraph (2), it shall be deemed to have been granted subject to those conditions. (4) The Ministry may, in applying paragraph (2), substitute for the periods of three years, five years or two years referred to in that paragraph, such other periods respectively (whether longer or shorter) as it considers appropriate. (5) The Ministry may, in applying paragraph (2), specify separate periods under paragraph (2)(a) in relation to separate parts of the development to which the planning permission relates; and if it does so, the condition required by paragraph (2)(b) shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 27 27.(1) For the purposes of Articles 25 and 26, development shall be taken to have begun on the earliest date on which any of the following operations comprised in the development begins to be carried out (a)where the development consists of or includes the erection of a building, any work of construction in the course of the erection of the building; (b)where the development consists of or includes alterations to a building, any work involved in the alterations; (c)where the development consists of or includes a change of use of any building or other land, that change of use; (d)where the development consists of or includes mining operations, any of those operations. (2) For the purposes of Article 26(2), a reserved matter shall be treated as finally approved when an application for approval is granted, or, where there is an appeal under Article 23, on the date of the determination of the appeal. (3) Where the Ministry grants planning permission on an application to which Article 22 does not apply the fact that any of the conditions of the permission are required by this Order to be imposed or are deemed by this Order to be imposed, shall not prevent the conditions being the subject of an appeal under Article 23 against the decision of the Ministry. (4) Where a planning permission (whether outline or other) has conditions attached to it by or under Article 25 or 26 (a)development commenced and carried out after the date by which the conditions of the permission require it to be commenced shall be treated as not authorised by the permission; and (b)an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission. (5) Compensation under Part II of the Act of 1965 shall not be payable in respect of the application to any planning permission of any of the conditions referred to in Articles 25 and 26. (6) The said conditions shall be disregarded for the purposes of section 29 of the Act of 1965 (compensation for planning decisions restricting development other than new development). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 28 28.(1) Paragraphs (2) to (6) shall have effect where by virtue of Article 25 or 26, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed. (2) If the Ministry is of the opinion that the development will not be completed within a reasonable period, it may make an order (in this Article referred to as a "completion order") whereby the planning permission will cease to have effect at the expiration of a further period specified in the order, being a period of not less than twelve months after the order takes effect. (3) Before making a completion order, the Ministry shall serve notice of its intention to make the order on the owner and occupier of the land affected and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than twenty-eight days from the date of service thereof) any person on whom the notice is served so desires, the Ministry shall afford to him an opportunity of appearing before and being heard by the planning appeals commission. (4) Where a completion order is made, the planning permission therein referred to shall at the expiration of the period specified in the order be invalid except so far as it authorises any development carried out thereunder up to the end of that period. (5) Where the Ministry makes an order under this Article it shall serve a notice on any person mentioned in paragraph (3) stating the general effect of the order. (6) The Ministry may withdraw a completion order at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if it does so it shall forthwith give notice of the withdrawal to every person who was served with notice of the making of the order. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 29 29.(1) If it appears to the Ministry, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part, the Ministry may, subject to paragraphs (2) to (4), by order revoke or modify the permission to such extent as (having regard to those matters) it considers expedient. (2) Before making an order under this Article, the Ministry shall serve notice on the owner and occupier of the land affected and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than twenty-eight days from the date of service thereof) any person on whom notice is served so desires, the Ministry shall afford to him an opportunity of appearing before and being heard by the planning appeals commission. (3) The power conferred by this Article to revoke or modify permission to develop land may be exercised (a)where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; (b)where the permission relates to a change of use of any land, at any time before the change has taken place; (4) An order made under this Article in respect of mining operations by surface working shall not prevent the continuation of those operations on any land in use for the purpose of those operations at the date on which the order comes into operation. (5) Where the Ministry makes an order under this Article it shall serve a notice on any person mentioned in paragraph (2) stating the general effect of the order. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 30 30. If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined (a)whether the carrying out of those operations or the making of that change would constitute or involve development of the land; and (b)if so whether an application for planning permission in respect thereof is required under this Part, having regard to the development order, PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 31 31.(1) The Ministry (a)shall compile lists of buildings of special architectural or historic interest, and (b)may amend any list so compiled. (2) In considering whether to include a building in a list compiled under this Article the Ministry may take into account not only the building itself but also (a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and (b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building which consists of a man-made object or structure fixed to the building or which forms a part of the land and which is comprised within the curtilage of the building. (3) Before compiling or amending any list under this Article, the Ministry shall consult with the Historic Buildings Council and with the appropriate district council. (4) As soon as may be after any list has been compiled under this Article, or any amendments of such a list have been made, the Ministry shall cause a copy of so much of the list, or so much of the amendments, as relates to the area of a district council to be deposited with the clerk of that council. (5) As soon as may be after the inclusion of any building in a list under this Article, whether on the compilation of the list or by its amendment, or as soon as may be after any such list has been amended by the exclusion of any building from it, the Ministry shall serve a notice in the prescribed form on every owner and occupier of the building, stating that the building has been included in, or excluded from the list, as the case may be. (6) The Ministry shall keep available for inspection by the public at all reasonable hours copies of lists and amendments of lists compiled or made under this Article. (7) In this Order "listed building" means a building which is for the time being included in a list compiled under this Article; and, for the purposes of the provisions of this Order relating to listed buildings, any object or structure fixed to a building, or forming part of the land and comprised within the curtilage of a building, shall be treated as part of the building. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 32 32.(1) Subject to this Part, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under this Part, he shall be guilty of an offence. (2) Works for the demolition, alteration or extension of a listed building are authorised under this Part only if (a)written consent (in this Order referred to as "listed building consent") for the execution of the works has been granted by the Ministry and the works are carried out in accordance with the terms of the consent and any conditions which may be attached to the consent under Article 33; and (b)in the case of demolition (i)a person duly authorised in writing by the Ministry has been afforded reasonable access to the building for a period of at least one month following the grant of listed building consent and before the commencement of the works, for the purpose of recording it; or (ii)the Ministry has stated in writing that it has completed its recording of the building or that it does not wish to record it. (3) Without prejudice to paragraph (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent under Article 33, he shall be guilty of an offence. (4) A person guilty of an offence under paragrah (1) or (3) shall be liable on summary conviction to a fine of not more than [#1,000] or on conviction on indictment to a fine and in determining the amount of any fine imposed on a person convicted on indictment the court shall have particular regard to any financial benefit which has accrued or is likely to accrue to him in consequence of the offence. (5) In proceedings for an offence under this Article it shall be a defence to prove that the works were urgently necessary (a)in the interests of safety or health; or (b)for the preservation of the building; PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 33 33.(1) Article 32 shall not apply to works for the demolition, alteration or extension of (a)an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or (b)a building which is the subject of a guardianship or protection order under the Historic Monuments Act (Northern Ireland) 1971; or (c)a building for the time being included in a schedule of historic monuments published by the Ministry of Finance under that Act. (2) Where, on an application in that behalf, planning permission is granted and (a)the development for which the permission is granted includes the carrying out of any works for the alteration or extension of a listed building; and (b)the planning permission or any condition subject to which it is granted is so framed as expressly to authorise the execution of the works (describing them), (3) In considering whether to grant planning permission for development which consists in or includes works for the alteration or extension of a listed building, and in considering whether to grant listed building consent for any works, the Ministry shall have special regard to the desirability of preserving the building or any features of special architectural or historic interest which it possesses. (4) Without prejudice to Article 17(1), the conditions which may be attached to a grant of planning permission shall, in the case of such development as is referred to in paragraph (2), include conditions with respect to (a)the preservation of particular features of the building either as part of it or after severance therefrom; (b)the making good, after the works are completed, of any damage caused to the building by the works; and (c)the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions. (5) Listed building consent may be refused, or granted either unconditionally or subject to conditions which may include such conditions as are mentioned in paragraph (4). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 34 34. Articles 14 to 16 and 17(2) and (3), 20, 21, 23 and 24 shall, with any necessary modifications, apply to applications for listed buildings consent as they apply to applications for planning permission. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 35 35. Article 29 shall, with any necessary modifications, apply to the revocation or modification of listed building consent as it applies to the revocation or modification of planning permission. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 36 36.(1) Where a building, not being a building excluded by Article 33 from the operation of Article 32, is included in a list compiled under Article 31, then, if any person who, but for this Article, would be entitled to do so (a)does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works); and (b)does or permits the act with the intention of causing such damage; (2) In paragraph (1) "excepted works" means (a)works authorised by planning permission granted in pursuance of an application under this Order; or (b)works for which listed building consent has been given under this Order. (3) Where a person convicted under this Article fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding #20 for each day on which the failure continues. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 37 37.(1) The Ministry may designate areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance. (2) The Ministry may vary or cancel a designation under (1). (3) Before making, varying or cancelling a designation under this Article, the Ministry shall consult with the Historic Buildings Council and with any appropriate district council. (4) The Ministry shall publish notice of the designation of any conservation area and of any variation or cancellation of any such designation, with sufficient particulars to identify the area affected, in at least one newspaper circulating in the locality of the area. (5) Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Order. (6) In this Order "conservation area" means an area designated under paragraph (1). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 38 38. The Ministry shall (a)ensure wherever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and (b)make such orders under Article 39 as appear to the Ministry to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 39 39.(1) Where it appears to the Ministry that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in any area, it may for that purpose make an order (in this Order referred to as a "tree preservation order") with respect to such trees, groups of trees or woodlands as may be specified in the order; and in particular, provision may be made by any such order (a)for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the Ministry, and for enabling the Ministry to give its consent subject to conditions; (b)for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order; (c)for applying, in relation to any consent under the order and to applications for such consent, any of the provisions of Part IV, subject to such adaptations and modifications as may be specified in the order. (2) The Ministry may make regulations as to the form of tree preservation orders and the procedure to be followed in connection with such orders; and the regulations may (without prejudice to the generality of this paragraph) make provision as follows (a)that the Ministry may make a provisional tree preservation order, which shall take effect immediately, and notice of its making shall be given to the owners and occupiers of the land affected and to such other persons, if any, as may be specified in the regulations; (b)that objections and representations with respect to the provisional order may be made within twenty-eight days of the giving of the notice; (c)that if within that period any person on whom the notice is served so desires the Ministry shall afford to him an opportunity of appearing before and being heard by the planning appeals commission; (d)that (i)after considering any objections and representations received within that period, and where a hearing is held the report of the planning appeals commission; or (ii)where no objections or representations are received within that period; (d)the Ministry may confirm the provisional tree preservation order, withdraw it or modify it, and shall give notice of the confirmation, withdrawal or modification to the persons on whom notice of the provisional tree preservation order was served. (3) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligations imposed by or under any statutory provision or so far as may be necessary for the prevention or abatement of a nuisance. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 40 40.(1) If any person, in contravention of a tree preservation order, cuts down or wilfully destroys a tree, or tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [#1,000.] (2) If any person contravenes a tree preservation order otherwise than as mentioned in paragraph (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding #100. (3) If in the case of a continuing offence under this Article, the contravention is continued after the conviction, the offender shall be guilty of a further offence and liable on summary conviction to an additional fine not exceeding #5 for each day on which the contravention is continued. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 41 41.(1) Subject to this Article, provision shall be made by regulations under this Order for restricting or regulating the display of advertisements so far as appears to the Ministry to be expedient in the interests of amenity or public safety. (2) Without prejudice to paragraph (1), any such regulations may provide (a)for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed and the manner in which they are to be affixed to the land; (b)for requiring the consent of the Ministry to be obtained for the display of advertisements; (c)for applying in relation to any such consent and to applications for such consent any of the provisions of Part IV or IX [or of Part III of the Act of 1965 (compensation for planning restrictions)], subject to such adaptations and modifications as may be specified in the regulations. (3) Areas of special control for the purposes of regulations under this Article may be defined by means of orders made by the Ministry in accordance with the regulations. (4) Where the Ministry is authorised by the regulations to make any such order as is mentioned in paragraph (3), the regulations shall provide for the publication of notice of the proposed order in such manner as may be prescribed by the regulations, for the consideration of objections duly made thereto and for the holding of such inquiries or other hearings by the planning appeals commission as may be so prescribed before the order is made. (5) Where the display of advertisements in accordance with regulations made under this Article involves development of land, planning permission for that development shall be deemed to be granted by virtue of this Article, and no application shall be necessary in that behalf under Part IV. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 42 42.(1) Where it appears to the Ministry that there has been a breach of planning control then, subject to this Article, the Ministry, if it considers it expedient to do so having regard to the provisions of the development plan and to any other material considerations, may serve a notice under this Article (in this Order referred to as an "enforcement notice") requiring the breach to be remedied. (2) There is a breach of planning control if development has been carried out, whether before or after the commencement of this Order (a)without the grant of planning permission required in that behalf in accordance with the Act of 1944 or Part IV of this Order; or (b)if any conditions or limitations subject to which planning permission was granted have not been complied with. [(3) Where an enforcement notice relates to a breach of planning control consisting in (a)the carrying out without planning permission of building, engineering, mining or other operations in, on, over, or under land; or (b)the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land; or (c)the making without planning permission of a change of use of any building to use as a single dwelling-house, (4) An enforcement notice shall be served on the owner and on the occupier of the land to which it relates and on any other person having an estate in that land, being an estate which in the opinion of the Ministry is materially affected by the notice. (5) An enforcement notice shall specify (a)the matters alleged to constitute a breach of planning control; (b)the steps required by the Ministry to be taken in order to remedy the breach, that is to say steps for the purpose of restoring the land to its condition before the development took place or (according to the particular circumstances of the breach) of securing compliance with the conditions or limitations subject to which planning permission was granted; and (c)the period for compliance with the notice, that is to say the period (beginning with the date when the notice takes effect) within which those steps are required to be taken. (6) The steps which may be required by an enforcement notice to be taken include the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations. (7) Subject to paragraphs (8) and (9), an enforcement notice shall take effect at the end of such period (not being less than twenty-eight days from the date of service of the notice) as may be specified in the notice. (8) If within the period specified under paragraph (7) an application for planning permission is made for permission for the retention on the land of any buildings or works, or for the continuance of any use of the land, to which the enforcement notice relates, the notice shall be of no effect pending the final determination of that application. (9) Where an appeal is brought under Article 43 the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal. (10) If on a complaint by the owner of any land, it appears to a court of summary jurisdiction that the occupier of that land prevents the owner from executing any work which he is required to execute under this Part, the court may order the occupier to permit the execution of the work. (11) The Ministry may withdraw an enforcement notice (without prejudice to its power to serve another) at any time before it takes effect; and if it does so it shall forthwith give notice of the withdrawal to every person who was served with the notice. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 43 43.(1) A person on whom an enforcement notice is served or any other person having an estate in the land may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to a court of summary jurisdiction for the petty sessions district within which the land to which the notice relates is situated against the notice on any of the following grounds (a)that the matters alleged in the notice do not constitute a breach of planning control; <(ba)where a notice does not fall within sub-paragraph (b), that the breach of planning control occurred before the beginning of the period of four years before the commencement of Article 7 of the Planning (Amendment) (Northern Ireland) Order 1978;] (c)that the enforcement notice was not served as required by Article 42(4); (d)that the steps required by the notice to be taken exceed what is necessary to remedy any breach of planning control; (e)that the specified period for compliance with the notice falls short of what should reasonably be allowed. (2) On an appeal under this Article (a)the court may correct any informality, defect or error in the enforcement notice if it is satisfied that the informality, defect or error is not material; (b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by Article 42(4) to be served with the notice was not served, the court may disregard that fact if neither the appellant nor the person has been substantially prejudiced by the failure to serve him. (3) The court shall quash the enforcement notice, vary the terms of the notice in favour of the appellant or uphold the notice. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 44 44.(1) Subject to this Article, where an enforcement notice has been served on the person who, at the time when the notice was served on him, was the owner of the land to which it relates, then, if any steps required by the notice to be taken (other than the discontinuance of a use of land) have not been taken 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 [#1,000.] (2) If a person against whom proceedings are brought under paragraph (1) has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of the land, he shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land (in this Article referred to as the "subsequent owner") brought before the court in the proceedings. (3) If after it has been proved that any steps required by the enforcement notice have not been taken within the period allowed for compliance with the notice, the original defendant proves that the failure to take those steps 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 he further proves that he took all reasonable steps to secure compliance with the enforcement notice, shall be acquitted of the offence. (4) If, after a person has been convicted under paragraphs (1) to (3), he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding #50 for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of a use of land) remain unfulfilled. (5) Where, by virtue of an enforcement notice, a use of land is required to be discontinued, or any conditions or limitations are required to be complied with in respect of a use of land or in respect of the carrying out of operations thereon, then if any person uses the land or causes or permits it to be used or carries out those operations or causes or permits them to be carried out, in contravention of the notice (a)he shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [#1,000]; and (b)if the use is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding #50 for each day on which the use is so continued. (6) Any reference in this Article to the period allowed for compliance with an enforcement notice is a reference to the period specified in the notice for compliance therewith or such extended period as may be allowed for compliance with the notice. [ PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 45 45.(1) Where in respect of any land the Department (a)has served an enforcement notice requiring a breach of planning control to be remedied; but (b)considers it expedient to prevent, before the expiry of the period allowed for compliance with the notice, the carrying out of any activity which is, or is included in, a matter alleged by the notice to constitute the breach, (2) A stop notice shall not prohibit (a)any person from continuing to use any building, caravan or other structure situated upon the land as his permanent residence whether as owner, occupier, tenant, patient, guest or otherwise; (b)any person from taking any steps necessary to comply or secure compliance with an enforcement notice. (3) A stop notice shall not take effect (and so cannot be contravened) until such date as it may specify, being a date not earlier than three nor later than twenty-eight days from the day on which it is first served on any person. (4) A stop notice shall cease to have effect when (a)the enforcement notice referred to in it is withdrawn or quashed; or (b)the period allowed for compliance with that enforcement notice expires; or (c)notice of withdrawal of the stop notice is first served under paragraph (6); or (d)if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice referred to in it, to be included in the matters alleged by the enforcement notice to constitute a breach of planning control. (5) A stop notice may be served by the Department on any person who appears to it to have an estate in the land or to be engaged in any activity prohibited by the notice; and where a stop notice has been served in respect of any land, the Department may display there a notice (in this Article referred to as a "site notice") stating (a)that a stop notice has been served; and (b)that any person contravening the stop notice may be prosecuted for an offence under this Article, giving the date when the stop notice takes effect and indicating its requirements. (6) The Department may at any time withdraw a stop notice (without prejudice to its power to serve another) (a)by serving notice to that effect on persons served with the stop notice; and (b)if a site notice was displayed in respect of the stop notice, displaying a notice of the withdrawal in place of the site notice. (7) If any person contravenes, or causes or permits the contravention of, a stop notice (a)after a site notice has been displayed, or (b)after a stop notice has been served on him, (7A) In proceedings for an offence under this Article it shall be a defence for the accused to prove that the stop notice was not served on him and that he did not know, and could not reasonably have been expected to know, of its existence. (7B) A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by Article 42(4) if it is shown that the Department took all such steps as were reasonably practicable to effect proper service. (7C) Any reference in this Article to the period allowed for compliance with an enforcement notice shall be construed in accordance with Article 44(6).] Para.(8) spent PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 46 46.(1) If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the Ministry may allow, any steps required by the notice to be taken (other than the discontinuance of a use of land) have not been taken, a person authorised in writing by the Ministry may enter upon the land and take those steps and the Ministry may recover from the person who is then the owner of the land any expenses reasonably incurred by it in that behalf and those expenses shall be a civil debt recoverable summarily. (2) Any expenses incurred by the owner or occupier of any land for the purposes of complying with an enforcement notice in respect of any breach of planning control, and any sums paid by the owner of any land under paragraph (1), in respect of expenses incurred by the Ministry in taking steps required to be taken by such a notice, shall be deemed to be incurred for the use and at the request of the person by whom the breach of planning control was committed. (3) The Ministry may sell any materials which have been removed by it from any land when carrying into effect this Part if, before the expiration of three days from their removal, they are not claimed by their owner and taken away by him. (4) Where the Ministry sells any materials under paragraph (3), it shall pay the proceeds to the person to whom the materials belonged after deducting the amount of any expenses recoverable by it from him. (5) Paragraphs (3) and (4) do not apply to refuse removed by the Ministry. (6) Where the Ministry claims to recover any expenses under this Article from a person as being the owner of the land in respect of which the expenses were incurred and that person proves that he (a)is receiving the rent of that land merely as agent or trustee for some other person; and (b)has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the Ministry, (7) Any expenses recoverable by the Ministry under this Article shall, until recovered, be deemed to be charged on and payable out of the estate in the land in relation to which they have been incurred, of the owner of the land and of any person deriving title from him. (8) The charge created by paragraph (7) shall be enforceable in all respects as if it were a valid mortgage by deed created in favour of the Ministry by the person on whose estate the charge has been created (with, where necessary, any authorisation or consent required by law) and the Ministry may exercise the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881 on mortgages by deed accordingly. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 47 47.(1) If, after the service of an enforcement notice, planning permission is granted for the retention on land of buildings or works, or for the continuance of the use of land, to which the enforcement notice relates, the enforcement notice shall cease to have effect in so far as it requires steps to be taken for the demolition or alteration of those buildings or works or the discontinuance of that use, as the case may be. (2) If the planning permission granted as mentioned in paragraph (1) is granted so as to permit the retention of buildings or works, or the continuance of a use of land, without complying with some condition subject to which a previous planning permission was granted, the enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition. (3) Paragraphs (1) and (2) shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the enforcement notice before the relevant provision of the enforcement notice ceased to have effect. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 48 48.(1) Compliance with an enforcement notice whether in respect of (a)the demolition or alteration of any buildings or works, or (b)the discontinuance of any use of land, (2) Without prejudice to paragraph (1), any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part IV; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice. (3) Without prejudice to paragraph (1), if any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered; and, subject to paragraph (4), Article 46 shall apply accordingly. (4) Where, at any time after an enforcement notice takes effect (a)any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the notice, and (b)the Ministry proposes, under Article 46(1), to take any steps required by the enforcement notice for the demolition or alteration of the buildings or works in consequence of the reinstatement or restoration, (5) A person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding #400; and no person shall be liable under Article 44(1) to (4) for failure to take any steps required to be taken by an enforcement notice by way of demolition or alteration of what has been so reinstated or restored. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 49 49.(1) Where it appears to the Ministry that any works have been, or are being, executed to a listed building and are such as to involve a contravention of Article 32(1) or (3), then, subject to paragraph (2), the Ministry may, if it considers it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest serve a notice (in this Order referred to as "a listed building enforcement notice") (a)specifying the alleged contravention; and (b)requiring such steps as may be specified in the notice for restoring that building to its former state or, as the case may be, for bringing it to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with, to be taken within such period as may be so specified. (2) A listed building enforcement notice may be served only within the period of four years from the date of the contravention to which it relates. (3) Subject to paragraphs (4) and (5) a listed building enforcement notice shall take effect at the end of such period (not being less than twenty-eight days from the date of service of the notice) as may be specified in the notice. (4) If within the period specified in paragraph (3) an application is made for listed building consent to carry out the works to which the listed building enforcement notice relates, the notice shall be of no effect pending the final determination of that application, and if that consent is granted on that application, the notice shall not take effect. (5) Where an appeal is brought under Article 50 the listed building enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal. (6) Articles 42(4), (10) and (11), and 44 and 46 shall with any necessary modifications apply to a listed building enforcement notice as they apply to an enforcement notice. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 50 50.(1) A person on whom a listed building enforcement notice is served, or any other person having an estate in the building to which it relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to a court of summary jurisdiction for the petty sessions district within which the building to which the notice relates is situated against the notice on any of the following grounds: (a)that the matters alleged to constitute a contravention of Article 32 do not involve such a contravention; (b)that the works were urgently necessary in the interests of safety or health, or for the preservation of the building; (c)that the period of four years referred to in Article 49(2) has elapsed at the date on which the notice was served; (d)that the notice was not served as required by Article 49; (e)that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out; (f)that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed. (2) Article 43(2) and (3) shall, with any necessary modifications, apply to appeals against listed building enforcement notices as it applies to appeals against enforcement notices. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 51 51.(1) The matters for which provision may be made by regulations under Article 41 shall include provision for enabling the Ministry to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Order with respect to enforcement notices, subject to such adaptations and modifications as may be specified in the regulations. (2) Without prejudice to any provision included in regulations made under Article 41 by virtue of paragraph (1), if any person displays an advertisement in contravention of the regulations he shall be guilty of an offence and liable on summary conviction to a fine not exceeding #100 and, in the case of a continuing offence to a fine not exceeding #5 for each day during which the offence continues after conviction. (3) For the purposes of paragraph (2) and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if (a)the advertisement is displayed on land of which he is the owner or occupier; or (b)the advertisement gives publicity to his goods, trade, business or other concerns, PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 52 52. Where the Ministry considers it expedient that any area should be developed, redeveloped or improved as a whole the Ministry may, after consultation with the appropriate district council, prepare a development scheme defining, by reference to a map, the area of the scheme and indicating in general terms the manner in which it is intended that the area should be laid out and the land therein used. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 53 53.(1) The Ministry shall not adopt a development scheme under paragraph (2) or (3) until it has published in two successive weeks in one or more newspapers circulating in the locality to which the scheme relates a notice (a)describing the area to which the scheme relates and referring to the preparation of the scheme; (b)specifying the place at which copies of the scheme may be inspected at reasonable times; (c)stating the time (not being less than twenty-eight days from the last of the publications of the notice) during which objections to the scheme may be sent to the Ministry. (2) If (a)no objections are made to a development scheme; or (b)all objections to a development scheme are withdrawn; (3) If objections made to a development scheme are not withdrawn the Ministry shall, unless it considers them to be solely of a frivolous or vexatious nature, (a)cause a public local inquiry to be held by the planning appeals commission; and (b)consider any objections not withdrawn and the report of that commission; (4) The Ministry may at any time prepare proposals for amending an adopted development scheme in so far as it relates to the manner in which the area of the development scheme is to be laid out and the land therein used. (5) The Ministry may by order adopt any proposals prepared under paragraph (4) with or without amendment and may amend the development scheme accordingly. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 54 54.(1) The Ministry may, by agreement or compulsorily, acquire any land where it is satisfied (a)that the land is required in order to secure the treatment as a whole, by development, redevelopment or improvement, or partly by one and partly by another method, of the land or of any area in which the land is situated; or (b)that it is expedient in the public interest that the land should be held together with land so required; or (c)that the land is required for development or redevelopment, or both, as a whole for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the redevelopment or improvement of another area as a whole; or (d)that it is expedient to acquire the land for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated. (2) Where the Ministry in exercise of the power conferred on it by paragraph (1) desires to acquire any land otherwise than by agreement, the Ministry may make an order (in this Article referred to as a "vesting order") vesting the land in the Ministry. (3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 1, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act. (4) The power to make a vesting order in respect of land (a)which is the property of a public body which has power under any transferred provision to acquire land compulsorily; or (b)which is declared by or under any transferred provision to be inalienable; (5) Before acquiring any land under paragraph (1) the Ministry shall consult with the district council in whose area the land is situated. (6) Proceedings under this Article for the acquisition of land in connection with a development scheme may be taken concurrently (so far as practicable) with proceedings required by Article 53 to be taken for the purpose of the making of an order in relation to that development scheme, so, however, that a vesting order vesting any such land in the Ministry shall not be made until the order adopting the development scheme has been made. (7) The Ministry may appropriate land for the purposes set out in paragraph (1). (8) Nothing in this Article shall authorise the acquisition without the consent of the Ministry of Finance of any land on or in which there is, to the knowledge of the Ministry, any historic monument or archaeological object within the meaning of the Historic Monuments Act (Northern Ireland) 1971. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 55 55.(1) Where (a)land is acquired compulsorily or is proposed to be acquired compulsorily by the Ministry under this Part for the purposes of a development scheme or proposed development scheme; and (b)that land comprises a house in respect of which, if the development scheme or proposed development scheme had been a redevelopment scheme under [Chapter III of Part III of the Housing (Northern Ireland) Order 1981] in the opinion of the Ministry, compensation would be, or would have been, payable in accordance with [Article 91 of the Housing (Northern Ireland) Order 1981] (compensation for certain land restricted to site value); (2) Before making an order under this Article, the Ministry shall serve notice of its intention to make the order and stating the effect of the proposed order on the owner and occupier of the house affected and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than twenty-eight days from the date of service thereof) any person on whom the notice is served so desires, the Ministry shall afford to him an opportunity of appearing before and being heard by the planning appeals commission. (3) Where the Ministry makes an order under this Article it shall serve a notice on any person mentioned in paragraph (2) stating the general effect of the order. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 56 56. Where any land acquired or appropriated by the Ministry for planning purposes is for the time being held by the Ministry for those purposes, the Ministry may appropriate the land for any purpose for which it is or may be authorised in any capacity to acquire land under any transferred provision. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 57 57.(1) Where any land acquired or appropriated by the Ministry for planning purposes is for the time being held by the Ministry for those purposes, the Ministry may dispose of the land to such person as may appear to it to be expedient in order to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out thereon, whether by itself or by any other person, or to secure the erection, construction or carrying out thereon of any buildings or works appearing to it to be needed for the proper planning of the area in which the land is situated. (2) The Ministry shall dispose of any land under this Article so as to secure, so far as may be practicable, to persons who were living or carrying on business or other activities on any such land, who desire to obtain accommodation on such land and who are willing to comply with any requirements of the Ministry as to the development and use of such land, an opportunity to obtain thereon accommodation suitable to their reasonable requirements. (3) Section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (which contains provisions with respect to the disposal of land by government departments) shall not apply to the disposal of any land under this Article. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 58 58.(1) The Ministry may erect, construct or carry out any building or work on any land to which this Article applies. (2) The Ministry may enter into an agreement with any person for the development of any land to which this Article applies. (3) This Article applies to any land which has been acquired or appropriated by the Ministry for planning purposes and is for the time being held by it for those purposes. (4) The Ministry may repair, maintain and insure any buildings or works on land to which this Article applies, and generally deal therewith in a proper course of management. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 59 59. On the termination of any tenancy of any premises let by the Ministry under article 57 possession of the premises may (without prejudice to any other method of recovery) be recovered by the Ministry in a summary manner under sections 76 to 84 of the Magistrates' Courts Act (Northern Ireland) 1964 whatever may be the rent or term of the tenancy. Arts.60, 61 rep. by 1973 NI 21 art.72(2) sch.3 PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 62 62. Where the Ministry proposes to acquire land for planning purposes by means of a vesting order, the Ministry may disregard any objection to the proposed order which, in the opinion of the Ministry, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 63 63. In this Part any reference to the acquisition or appropriation of land for planning purposes is a reference to its acquisition or appropriation under Article 54. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 64 64.(1) Paragraphs (2) to (4) shall have effect where an application is made for listed building consent for the alteration or extension of a listed building and (a)either the works do not constitute development or they do so but the development is such that planning permission therefor is granted by a development order; and (b)that consent is refused or is granted subject to conditions. (2) If on a claim made to the Ministry within the time and in the manner prescribed it is shown that the value of any compensatable estate is less than it would have been if listed building consent had been granted or had been granted unconditionally, compensation of an amount equal to the difference shall be payable by the Ministry in respect of that compensatable estate. (3) In determining for the purposes of paragraph (2) whether or to what extent the value of a compensatable estate in land is less than it would have been if the consent had been granted or had been granted unconditionally it shall be assumed that any subsequent application for the like consent would be determined in the same way. (4) Sections 22, 24, 30, 31, 33, 38 and 39 of the Act of 1965 shall, subject to any necessary modifications, have effect for the purposes of a claim for compensation or compensation payable under this Article as they have effect for the purposes of a claim for compensation or compensation payable under section 29 of that Act. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 65 65.(1) Where listed building consent is revoked or modified by an order under Article 35, then if on a claim made to the Ministry within the time and in the manner prescribed it is shown that a person interested in the building (a)has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or (b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification; (2) For the purposes of this Article, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work. (3) Subject to paragraph (2), compensation shall not be paid under this Article in respect of (a)any work carried out before the grant of the listed building consent which is revoked or modified; or (b)any other loss or damage (not being loss or damage consisting of depreciation of the value of a compensatable estate in any land) arising out of anything done or omitted to be done before the grant of that consent. (4) Sections 22, 27 to 33 and 37 to 39 of the Act of 1965 shall, subject to any necessary modifications, have effect for the purposes of a claim for compensation or compensation payable under this Article as they have effect for the purposes of a claim for compensation or compensation payable under section 26 of that Act. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 66 66.(1) Any person who has suffered loss or damage in consequence of any refusal of consent to cut down, top or lop a tree which is the subject of a tree preservation order, or of the granting of any such consent subject to conditions, or of the revocation or modification of any such consent, shall, if he makes a claim to the Ministry within the time and in the manner prescribed be entitled to recover from the Ministry compensation in respect of the loss or damage. (2) In assessing compensation payable under paragraph (1) account shall be taken of (a)any compensation under paragraph (1) which has been paid whether to the claimant or to any other person, in respect of the same tree; and (b)any injurious affection to any land of the claimant which would result from the felling of the tree which is the subject of the claim. (3) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 67 67.(1) Where a stop notice under Article 45 ceases to have effect, a person who, at the time when it was first served, had an estate in [or occupied] the land to which it relates shall, in any of the circumstances mentioned in paragraph (2), be entitled to be compensated by the Ministry in respect of any loss or damage suffered by him which is directly attributable to the prohibition contained in the notice. (2) A person shall be entitled to compensation under paragraph (1) in respect of a prohibition contained in a stop notice in any of the following circumstances [(a)the enforcement notice is quashed; (b)the enforcement notice is varied so that the matters alleged to constitute a breach of planning control cease to include one or more of the activities prohibited by the stop notice] (c)the enforcement notice is withdrawn by the Ministry otherwise than in consequence of the grant of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted; (d)the stop notice is withdrawn. Para.(3) rep. by 1978 NI 18 art.12(4) (4) A claim for compensation under this Article shall be made to the Ministry within the time and in the manner prescribed. (5) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition or of any liability arising by virtue of Article 45(8). [(5A) In the assessment of compensation under this Article, account shall be taken of the extent (if any) to which the claimant's entitlement is attributable (a)to his failure to comply with a notice under Article 104; or (b)to any mis-statement made by him in response to such a notice.] (6) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 68 68.(1) This Article shall apply (a)where the development of land was permitted before the appointed day by virtue of Article 4 of, and paragraph 5 of the Schedule to, the Planning (Interim Development) Order (Northern Ireland) 1944 (development by mining undertakers); or (b)where by virtue of section 9(1)(i) of the Act of 1944, the erection before the appointed day of certain buildings for the purpose of agriculture did not constitute development, (2) In a case falling within paragraph (1), section 26 of the Act of 1965 shall apply as if (a)planning permission had been granted for the development; and (b)on the date of the planning decision in question that permission had been revoked or modified under Article 29. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 69 69. Where a claim for compensation is made to the Ministry under Part II, or section 26 or 29, of the Act of 1965 in relation to a planning decision or order, the Ministry may, if it appears to it that planning permission might reasonably be expected to be granted (either unconditionally or subject to conditions) for some development of the land to which the claim relates, direct that in assessing the compensation payable in respect of the decision or order it shall be assumed that permission for that development would granted either unconditionally or subject to such conditions as may be specified in the direction. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 70 70.(1) Where (a)on an application for planning permission under Part IV to develop any land permission is refused or is granted subject to conditions; or (b)by an order under Article 29 planning permission in respect of any land is revoked, or is modified by the imposition of conditions; (i)that the land has become incapable of reasonably beneficial use in its existing state; and (ii)in a case where planning permission was granted subject to conditions, or was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and (iii)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted; (2) Where, for the purpose of determining whether the conditions in paragraph (1)(i) to (iii) are fulfilled in relation to any land, any question arises as to what is a reasonably beneficial use of that land, then in determining that question for that purpose no account shall be taken of any prospective use of that land which would involve the carrying out of new development as defined in section 43(1) of the Act of 1965. (3) For the purposes of this Article, the conditions referred to in Articles 25 and 26 shall be disregarded. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 71 71. Where a purchase notice is served on the Ministry, it shall within two months serve on the owner by whom the notice was served (a)a notice that the Ministry is willing to comply with the purchase notice; or (b)a counter-notice, objecting to the purchase notice, stating that for the reasons specified the Ministry is not willing to comply with the purchase notice; or (c)a counter-notice, objecting to the purchase notice and stating that the Ministry considers that planning permission for development other than that applied for might reasonably be expected to be granted being development which in the opinion of the Ministry would if carried out render the land capable of reasonably beneficial use. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 72 72.(1) This Article shall have effect where, on an appliction for planning permission to develop any land which has a restricted use by virtue of a previous planning permission, permission is refused or granted subject to conditions and the owner of the land serves a purchase notice. (2) For the purposes of this Article, land has a restricted use by virtue of a previous planning permission if it is part of a larger area in respect of which planning permission was previously granted (and has not been revoked) and either (a)it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or (b)the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as aforesaid. (3) If a purchase notice is served on the Ministry, the Ministry, although satisfied that the land has become incapable of reasonably beneficial use, may nevertheless serve a counter-notice if it appears to the Ministry that the land ought, in accordance with the previous planning permission, to remain undeveloped or, as the case may be, to remain or be preserved or laid out as amenity land in relation to the remainder of the larger area for which that planning permission was granted. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 73 73.(1) Where the Ministry serves a counter-notice under Article 71(b) or (c), the owner who served the purchase notice may, within two months of the date of receipt of the counter-notice, refer the matter to the Lands Tribunal. (2) On any such reference, if the counter-notice is not withdrawn, the Lands Tribunal shall consider the matters set out in the purchase notice and the reasons specified in the counter-notice and shall determine whether the purchase notice or the counter-notice should be upheld. (3) If the Tribunal determines to uphold the purchase notice it shall declare it valid. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 74 74.(1) Where a purchase notice has been served and either (a)a notice is served under Article 71(a); or (b)where a counter-notice has been served, the objection is withdrawn, or on a reference to the Lands Tribunal, is not upheld by the Tribunal, (2) The amount to be paid for an estate by the Ministry under a contract deemed to have effect under paragraph (1) shall be the amount which the Ministry would have paid for the estate if it had compulsorily acquired the estate on the date of acceptance under Article 54. (3) Any dispute as to the amount to be paid under paragraph (2) for an estate shall be determined by the Lands Tribunal. (4) The date for the completion of the purchase of an estate in pursuance of a contract deemed to have effect under paragraph (1) shall, unless the owner of the estate and the Ministry otherwise agree, be three months from the date on which they agree upon the amount to be paid for that estate or, in default of agreement on that amount, from the date on which the Lands Tribunal determines that amount. (5) If on the date for the completion of a contract deemed to have effect under paragraph (1), the Ministry fails to pay to the claimant the amount payable to him under this Article, the Ministry shall, unless that failure arises from a cause other than the Ministry's act or default, pay to him, from that date until the date on which it pays that amount, interest on that amount at such rate as may for the time being be determined by the Ministry of Finance under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972. (6) For the purposes of determining the amount to be paid for an estate under a contract deemed to have effect under paragraph (1), for any reference in Part II of the Act of 1971 to the date of acquisition there shall be substituted a reference to the date of acceptance. (7) In this Article "the date of acceptance" (a)in a case where the Lands Tribunal, on a reference to it, does not uphold an objection, is the date of the Tribunal's determination; (b)in any other case, is the date on which a notice is served under Article 71(a) or two months from the date of service of the purchase notice, whichever is the earlier. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 75 75. Where by virtue of section 26 of the Act of 1965 compensation is payable in respect of expenditure incurred in carrying out any work on land, then, if a purchase notice is served in respect of an estate in that land, any compensation payable in respect of the acquisition of that estate in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under that section. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 76 76. This Part shall apply, with any necessary modifications, in relation to an application for listed building consent which is refused or granted subject to conditions, or to a listed building consent which is revoked or modified as it applies to an application for planning permission which is refused or granted subject to conditions or to a planning permission which is revoked or modified, as the case may require. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 77 77.(1) The Ministry may, for the purpose of improving the amenity of any area, by order provide for the extinguishment of any right which persons may have to use vehicles on a road, being a road other than a trunk road or a special road. (2) An order under paragraph (1) may include such provision as the Ministry thinks fit for permitting the use on the road of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that paragraph; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes. (3) No provision contained in, or having effect under, any transferred provision, being a provision prohibiting or restricting the use of footpaths shall affect any use of a vehicle on a road in relation to which an order made under paragraph (1) has effect, where the use is permitted in accordance with provisions of the order included by virtue of paragraph (2). (4) Any person who, at the time of an order under paragraph (1) coming into force, has an estate in land having lawful access to a road to which the order relates shall be entitled to be compensated by the Ministry in respect of any depreciation in the value of his estate which is directly attributable to the order and of any other loss or damage which is so attributable. In this paragraph "lawful access" means access authoried by virtue of [planning permission or Article 42 of the Roads (Northern Ireland) Order 1980], or access in respect of which no such authorisation is necessary. (5) A claim for compensation under paragraph (4) shall be made to the Ministry within the time and in the manner prescribed. (6) Sections 31 to 33 of the Act of 1965 shall, subject to any necessary modifications, have effect in relation to compensation under paragraph (4) as they have effect in relation to compensation payable under Part II of that Act. (7) Where the Ministry revokes an order under paragraph (1), the effect of the order shall be to reinstate any right to use vehicles on the road, being a right which was extinguished by virtue of the order under that paragraph. (8) Any order made under this Article may contain provisions for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the road to which the order relates. (9) This Article shall have effect without prejudice to (a)any power conferred on the Ministry under any other enactment to authorise the stopping up or diversion of a road; or (b)Article 79. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 78 78.(1) Where in relation to a road an order has been made under Article 77, the Ministry may carry out and maintain any such works on or in the road, or place on or in it any such objects or structures, as appear to it to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the road and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public. (2) The powers exercisable by the Ministry under this Article shall extend to laying out any part of the road with lawns, trees, shrubs and flower beds and to providing facilities for recreation or refreshment. (3) The Ministry may so exercise its powers under this Article as to restrict the access of the public to any part of the road, but shall not so exercise them as (a)to prevent persons from entering the road at any place where they could enter it before the order under Article 77 was made; or (b)to prevent the passage of the public along the road; or (c)to prevent normal access by pedestrians to premises adjoining the road; or (d)to prevent any use of vehicles which is permitted by an order made under that Article and applying to the road; or (e)to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the road. (4) An order under Article 77(7) may make provision requiring the removal of any obstruction of the road resulting from the exercise by the Ministry of its powers under this Article. (5) A district council may, with the consent of the Ministry, exercise any of the powers of the Ministry under this Article. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 79 79.(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by the Ministry for the purposes for which it was acquired or appropriated, the Ministry may by order extinguish any public right of way over the land where it is satisfied that the extinguishment of the right of way is necessary for the proper development of the land. (2) In this Article any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with Article 54 as if this Article were in Part VIII. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 80 80.(1) Before making an order under Article 77 or 79 the Ministry shall publish in at least one newspaper circulating in the relevant area a notice (a)stating the general effect of the order; (b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person at all reasonable hours during a period of twenty-eight days from the date of publication of the notice; and (c)stating that, within that period, any person may by notice to the Ministry object to the making of the order. (2) Not later than the date on which that notice is so published, the Ministry shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on every district council in whose area any land to which the order relates is situated, and on the Post Office and on any gas or electricity undertakers having any cables, mains, pipes, or wires laid along, across, under or over any land over which a right of way is to be extinguished, under the order. (3) The Ministry may cause a public local inquiry to be held by the planning appeals commission to hear objections to the proposed order. (4) After considering any objections to the order which are not withdrawn and, where a public local inquiry is held, the report of the planning appeals commission, the Ministry may make the order either without modification or subject to such modifications as it thinks fit. (5) Where the Ministry makes an order under Article 77 or 79 the Ministry shall publish, in the manner specified in paragraph (1), a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and paragraph (2) shall have effect in relation to any such notice as it has effect in relation to a notice under paragraph (1). (6) In this Article "the relevant area", in relation to an order, means the area in which any land to which the order relates is situated. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 81 81.(1) Where an order is made under Article 79 and immediately before the date on which the order became operative, there was under, in, on, over, along or across the right of way a telegraphic line belonging to or used by the Post Office, the Post Office shall, subject to paragraph (2), have the same powers in respect of that line as if the order had not become operative. (2) If the Ministry requires that the telegraphic line should be altered, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration, and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Ministry. (3) If the Post Office removes the telegraphic line or any part of it and serves a notice on the Ministry notifying the Ministry of the removal, the Post Office shall be entitled to recover from the Ministry the expense of providing, in substitution for the line or part and any telegraphic line connected therewith which is rendered useless in consequence of the removal of the line or part, a telegraphic line in such other place as the Post Office may require. (4) In this Article "telegraphic line" and "alter" have the same meanings as in the Telegraph Act 1878. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 82 82.(1) There shall be constituted a Council, to be called "the Historic Buildings Council" (in this Order referred to as "the Council"), for the purpose of exercising such functions as may be conferred on the Council by this Order. (2) Schedule 2 shall have effect with respect to the Council. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 83 83.(1) The Ministry may make grants or loans towards the whole or part of any expenditure incurred or to be incurred in the repair or maintenance of a listed building other than a building specified in Article 33(1), or in the upkeep of any land comprising, or contiguous or adjacent to any such building, or in the repair or maintenance of any objects ordinarily kept in the building. [(1A) Grants under this Article to the National Trust for Places of Historic Interest or Natural Beauty may, if the Department thinks fit, be made by way of endowment.] (2) The Ministry may attach to any grant or loan under this Article such conditions as it thinks fit for securing public access to the whole or part of the property to which the grant or loan relates. (3) Before making any grant or loan under this Article the Ministry shall consult with the Council both as to the making of the grant or loan and as to the conditions subject to which it should be made. (4) Any loan under this Article shall be made on such terms as to repayment, payment of interest and otherwise as the Ministry may, with the approval of the Ministry of Finance, determine. [ PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 83A 83A.(1) The Department may make grants or loans to the National Trust for Places of Historic Interest or Natural Beauty towards the cost of acquiring (a)any listed building; (b)any land comprising or contiguous or adjacent to any such building; (c)any objects ordinarily kept in any such building. (2) Before making any grant or loan under this Article the Department shall consult with the Historic Buildings Council both as to the making of the grant or loan and as to the conditions subject to which it should be made. (3) Grants and loans under this Article shall be on such terms and conditions as the Department, with the approval of the Department of Finance, thinks fit.] PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 84 84.(1) The Ministry may acquire by agreement, whether by purchase, lease or otherwise, or may accept the gift of (a)any listed building; (b)any land comprising, or contiguous or adjacent to any such building. (2) The Ministry may purchase by agreement, or accept a gift of, any objects which are or have been ordinarily kept in a listed building which, or any estate in which, is vested in the Ministry, or in a listed building which is under its control or management. (3) The Ministry may make such arrangements as it thinks fit for the management, custody and use of any property acquired or accepted by it under this Article. (4) Where the Ministry is of the opinion that any property acquired by it under this Article would be more expediently or efficiently managed or preserved by (a)the National Trust for Places of Historic Interest or Natural Beauty; or (b)any government department; or (c)a district council; or (d)such other body as the Ministry thinks suitable; (i)impose such restrictions as the Ministry may think necessary on the user of the land so conveyed; and (ii)grant or reserve such rights over such land as the Ministry thinks fit. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 85 85.(1) Where any instrument coming into operation after the making of this Order contains a provision purporting to be a gift of property to the Ministry upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of a listed building or other property acquired or accepted by the Ministry under Article 84 or a building which the Ministry proposes so to acquire or accept, the Ministry may accept the gift, and if it does so, and the provision does not constitute a charitable trust, paragraphs (2) to (7) shall have effect. (2) The validity of the gift and of the trust to use the income as aforesaid (in this Article referred to as "the endowment trust") shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable. (3) In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (in this Article collectively referred to as "the trust fund") the Ministry shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of settled land are conferred by law on the tenant for life and the trustees of the settlement in relation to the land and the proceeds of its sale, respectively. (4) Paragraph (3) does not prejudice any additional or larger powers conferred on the Ministry by the trust instrument. (5) If while the endowment trust continues an event happens such that immediately thereafter the Ministry is neither entitled to any estate in the building to which the trust relates nor has the building under its control or management, and apart from this paragraph the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this paragraph and the trust fund shall devolve accordingly as on a failure of the trust. (6) If the trust instrument contains a provision whereby on the failure or determination of the endowment trust, the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities. (7) In this Article "gift" includes devise, bequest, appointment, conveyance, assignment, transfer and any other assurance of property, and "property" means real or personal property of any description. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 86 86.(1) If it appears to the Ministry that, owing to the neglect of the owner or person having control of a listed building, the listed building is liable to fall into disrepair, the Ministry may, if it considers it expedient in order to preserve the building, compulsorily acquire the building and any land comprising or contiguous or adjacent to it which appears to the Ministry to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management. (2) Paragraph (1) applies to any listed building, except (a)a building which is the subject of a guardianship or protection order under the Historic Monuments Act (Northern Ireland) 1971; or (b)a building for the time being included in a schedule of historic monuments published by the Ministry of Finance under that Act. (3) Where the Ministry desires to acquire, otherwise than by agreement, any land under paragraph (1), the Ministry may make an order vesting that land in the Ministry; and Articles 54 to 63 shall, with any necessary modifications, apply in relation to such acquisitions accordingly. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 87 87. For the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which, before the date of the order vesting the land, was listed, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building, or for its demolition. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 88 88.(1) There shall be established a Planning Appeals Commission (in this Part referred to as the "appeals commission"). (2) Schedule 3 shall have effect with respect to the constitution and staff of the appeals commission. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 89 89.(1) Where, under this Order or any other transferred provision, the appeals commission may determine an appeal, or hold an inquiry or hearing, the appeal or the inquiry or hearing held shall be heard by such member of the appeals commission as the chief commissioner may appoint in that behalf, but any decision on the appeal or report on the inquiry or hearing shall be made by the appeals commission. (2) Where, under this Order or any other transferred provision, the appeals commission may determine an appeal in relation to a decision of the Ministry, the commission may confirm, reverse or vary the decision and any determination of the commission on the appeal shall have the like effect as a decision of the Ministry for the purpose of this Order or any such provision, except a provision relating to appeals. (3) The Ministry, after consultation with the appeals commission, may make rules for regulating the procedure for proceedings before the appeals commission and, subject to this Order and any such rules, that procedure shall be such as the appeals commission may determine. (4) Where, under this Order or any other transferred provision a person has been afforded an opportunity of appearing before and being heard by the appeals commission or the appeals commission holds an inquiry, the appeals commission shall make a report on the hearing or inquiry to the Ministry and the Ministry shall consider that report. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 90 90. Where a person would have been entitled to make a Part I application (within the meaning of the Act of 1965) in relation to any land if that land had not at the specified date (as defined in section 5(11) of that Act) been registered land he shall be deemed to have been so entitled at that date. Arts.91, 92 insert ss.12A, 13(7A) in, and substitute s.13(1) of, 1971 c.23 (NI) PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 93 93.(1) Where the Ministry has issued a certificate under section 13 of the Act of 1971 in respect of an interest in land (a)the person for the time being entitled to that interest; or (b)any authority possessing compulsory acquisition powers by whom that interest is proposed to be acquired; (2) On any appeal under this Article against a certificate, the planning appeals commission shall consider the matters to which the certificate relates as if the application therefor had been made to it in the first instance, and shall either confirm the certificate or vary it or cancel it and issue a different certificate in its place, as the commission may consider appropriate. (3) Before determining any appeal under this Article the commission shall, if any such person or authority as is mentioned in paragraph (1)(a) to (b) so desires, afford to each such person or authority and to the Ministry an opportunity of appearing before and being heard by the commission. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 94 94. Regulations under section 14 of the Act of 1971 may include provisions as to the manner in which notices of appeals are to be given and the time for giving any such notice. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 95 95.1) This Order shall apply to development consisting of the winning and working of minerals subject to the adaptations and modifications specified in paragraph (2). (2) For the purposes of this Order "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)Article 11(3) 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)Article 18(1)(b); (ii)Article 19; <(iii)Article 29(4); <(iv)Article 42(6) and (8), 44(5), 47 and 48; (b)sxxtf1lf70tif3xtf1lf80nbbw0261f3f1lf20f5.(1) Where any planning permission for development consisting of the winning and working of minerals is revoked or modified, a claim for expenditure or loss shall not be entertained under section 26(1) of the Act of 1965 in respect of buildings, plant or machinery unless the claimant proves that he is unable to use the buildings, plant or machinery or (as the case may be) to use them except at the loss claimed. (2) For the purposes of a claim for expenditure or loss to which paragraph (1) applies the Lands Tribunal may give a direction that the claim be severed from the remainder of the claim and be dealt with at such later date as may be fixed by the Tribunal either in such direction or subsequently on application by either party. Part XV (arts.98, 99) inserts ss.2A, 7A in 1965 c.9(NI) PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 100 100.(1) The Ministry may, with the consent of the Ministry of Finance, 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 environment. (2) For the purpose of enabling persons to undertake a course in town planning, the Ministry may, with the consent of the Ministry of Finance, make provision for the payment by the Ministry of sums by way of bursaries in respect of those persons. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 101 101.(1) Any person duly authorised in writing by the Ministry may at any reasonable time enter any land for the purpose of surveying it in connection with (a)the preparation, adoption or amendment of a development plan relating to the land under Part III or a development scheme under Part VII; (b)any application under Part IV or Articles 34, 39 and 41, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part IV or any of those Articles, or under any such order or regulations; (c)any proposal by the Ministry to make or serve any order or notice under Part IV, V or VI, or under any order or regulations made thereunder. [(1A) 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 Order.] (2) Any person duly authorised in writing by the Ministry may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled under Article 31. (3) Any person duly authorised in writing by the Ministry may at any reasonable time enter any land for the purpose of ascertaining whether with respect to any building on the land, an offence has been or is being committed under Article 32 or 36, or whether the building is being maintained in a proper state of repair. [(3A) Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose of displaying a notice in accordance with Article 45(5) or (6).] (4) Any person, being an officer of the Valuation Office of the Ministry of Finance or a person duly authorised in writing by the Ministry, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land under this Order, or in connection with any claim for compensation in respect of any such acquisition. (5) Any person duly authorised in writing by the Ministry may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in paragraph (1)(c), for the purpose of ascertaining whether the order or notice has been complied with. (6) Subject to Article 102, any power conferred by this Article 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. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 102 102.(1) A person authorised [or permitted] under Article 101 to enter upon any land (a)shall, if so required, produce evidence of his authority [or of his appointment as a member of the planning appeals commission] before so entering; (b)shall not demand admission as of right to any land which is occupied unless three 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 his powers under Article 101 shall be guilty of an offence and liable on summary conviction to a fine not exceeding [#50]. (3) If any person who, in compliance with Article 101, is admitted into a factory, workshop or work place discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the survey or estimate for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding [#1,000] or to imprisonment for a term not exceeding three months. (4) Where any property is damaged in the exercise of a right of entry conferred under Article 101, 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 Ministry. (5) Any question of disputed compensation recoverable under paragraph (4) shall be determined by the Lands Tribunal. (6) Where under Article 101 a person proposes to carry out any works authorised by virtue of paragraph (6) of that Article, he shall not carry out those works unless notice of his intention to do so was included in the notice required by paragraph (1)(b). PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 103 103.(1) The Ministry may cause a public local inquiry to be held for the purpose of the exercise of any of its functions under this Order. (2) Without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954, the Ministry may make rules regulating the procedure to be followed in connection with inquiries held by or on behalf of the Ministry under this Order. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 104 104.(1) For the purpose of enabling the Ministry to make an order or serve a notice or other document, which by any of the provisions of this Order, it is authorised or required to make or serve, the Ministry 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 twenty-one days after the date on which the notice is served, or such longer time as may be specified in the notice or as the Department may allow, such information as to the matters mentioned in paragraph (1A) as may be specified.] [(1A) The matters referred to in paragraph (1) are (a)the nature of the estate in the premises of the person on whom the notice is served; (b)the name and address of any other person known to that person as having an estate in the premises; (c)the purpose for which the premises are being used; (d)the time when that use began; (e)the name and 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.] (2) Any person who, [without reasonable excuse, fails to comply with a notice served on him under paragraph (1)], shall be guilty of an offence and liable on summary conviction to a fine not exceeding #100. (3) Any person who having been [required by a notice under paragraph (1)] to give any information knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding [#1,000]. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 105 105. The Minister may appoint such advisory bodies or committees as he considers necessary to assist the Ministry in the exercise and performance of the functions conferred on the Ministry by this Order. [ PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 105A 105A.(1) The Department may by regulations make such provision as it thinks fit for the payment of a fee of the prescribed amount in respect of (a)an application made to the Department under the Planning (Northern Ireland) Orders 1972 and 1978 for any permission, consent, approval or determination; (b)an appeal to the Planning Appeals Commission under those Orders. (2) The regulations may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.] PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 106 106.(1) The Ministry may make regulations for prescribing anything which, under this Order is authorised or required to be prescribed. (2) Any regulations made under this Order and orders made under Articles 11(2)(e) and 13 shall be subject to negative resolution. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 107 107.(1) Any expenses incurred by the Ministry under this Order shall be defrayed either out of moneys hereafter appropriated for the purposes of defraying such expenses or, if the Ministry of Finance so directs, by means of sums charged on and issued out of the Consolidated Fund. (2) The Ministry of Finance may borrow moneys for the purpose of providing money for issues out of the Consolidated Fund under paragraph (1). (3) Any money borrowed under paragraph (2) shall be repaid within any period or periods not exceeding twenty-five years from the date of borrowing, and provision for such repayment may be made out of moneys thereafter appropriated for that purpose. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 108 108. There shall be included amongst the matters which are required to be registered in the Statutory Charges Register the matters set out in Schedule 4. PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 109 109. The savings and transitional provisions set out in Schedule 5 shall have effect. Art.110(1), with Schedule 6, effects amendments; para.(2), with Schedule 7, effects repeals 1. References to the Ministry or to the Council shall be construed as references to the Ministry within the meaning of this Order. 2. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule. 3. Omit paragraph 1 of that Schedule. 4. In paragraph 2 of that Schedule (a)omit the words "in such form and manner as the Ministry directs"; (b)in sub-paragraph (c) for the words "as may be prescribed " substitute the words "as the Ministry considers fit". 5. In paragraph 3(1)(b) after the word "held" insert the words "by the planning appeals commission or by any other person". 6. In paragraph 4 omit the words from "and may provide" onwards. 7. In paragraph 5 (a)in sub-paragraph (1)(a) omit the words "in the prescribed form and manner"; (b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order; (c)in sub-paragraph (1)(d) omit the words "in the prescribed form"; (d)in sub-paragraph (2) for the words "as may be prescribed" substitute the words "as the Ministry considers fit". 8. In paragraph 6(2) for the words "fund out of which the expenses of the Council in acquiring the land are to be defrayed" substitute the words "Consolidated Fund" and for the words "out of the Compensation Fund" there shall be substituted the words "made by the Ministry". 9. In paragraph 11(3) omit the words "in the prescribed form". 10. In paragraph 12 (a)in sub-paragraph (1) omit the words "such" and "as may be prescribed"; (b)in sub-paragraph (2) for the words from "clerk" to "directs" substitute the words "Ministry as correct, and publish". 11. In paragraph 14(1) omit the words "in the prescribed form". 12. In paragraph 15(1) for the words "in the prescribed form" substitute the words "in such form as may be approved by the Ministry". 13. Omit paragraph 19. 14. Omit paragraph 20(2). 1. The Council shall consist of a Chairman appointed by the Minister of Development and such number of other members so appointed as the Minister may determine. 2. A member of the Council shall hold office for a maximum period of three years but shall be eligible for re-appointment. 3. The Ministry may pay to the Chairman and members of the Council allowances for travelling and other out-of-pocket expenses increased in connection with the business of the Council at such rates as the Ministry, with the approval of the Ministry of Finance, may determine. 4. The Council may regulate its own quorum and procedure. 5. The Council shall prepare and submit to the Minister an annual report, and the Minister shall lay a copy of the report before each House of Parliament. 6. The secretary to the Council shall be such person as the Ministry may appoint. 1.(1) The appeals commission shall consist of the following persons appointed by the Governor, that is a chief commissioner and such number, if any, of other commissioners as the Ministry may, with the consent of the Ministry of Finance determine. (2) A commissioner shall not engage, whether directly or indirectly, or be a partner of any person who engages, in a gainful profession, occupation or business if to do so would in any way be incompatible with his functions under this Order. (3) There shall be paid to a commissioner such remuneration and allowances and to him, or in respect of his services, such pensions, allowances or benefits as the Ministry may determine with the approval of the Ministry of Finance. Sub-para.(4) rep. by 1975 c.25 s.5(2) sch.3 2.(1) The Ministry may appoint persons to assist the appeals commission in the performance of its functions. (2) There shall be paid to persons appointed under sub-paragraph (1) such remuneration and allowances and to, or in respect of the service of, those persons such pensions, allowances or benefits as the Ministry may determine with the approval of the Ministry of Finance. 1. Any entry in a list compiled under Article 31. 2. Tree preservation orders. 3. Enforcement notices which take effect in relation to any land. 4. Listed building enforcement notices which take effect in relation to a building. 1.(1) Any application for permission to develop land made under the Act of 1944 to an interim development authority before the appointed day, being an application which has not been determined before that day, shall be treated for the purposes of this Order as an application made to the Ministry under Part IV for planning permission for the like development, and shall be treated as having been so made on the appointed day, except that so much of Article 15 as requires the publication of planning applications shall not apply. (2) The repeal by Schedule 7 of sections 2(6) and 5 of the Act of 1944 shall not affect the operation of those sections in their application to any appeal before the appointed day or to any planning decision given under that Act if before the appointed day no appeal has been brought against the decision and the period during which an appeal could have been brought has not expired. (3) The repeal by Schedule 7 of section 6 of the New Towns Act (Northern Ireland) 1965 shall not affect the operation of that section in its application to an application for permission for the interim development of land if, before the appointed day, the Ministry has served a notice on the applicant, affording him an opportunity of appearing before a person appointed by the Ministry under section 6(4) of that Act. (4) Any application for permission for the interim development of land which, under section 6 of the said Act of 1965, is made to the Ministry, other than an application such as is mentioned in sub-paragraph (3), shall be treated for the purposes of this Order as an application made to the Ministry under Part IV for planning permission for the like development, and shall be treated as having been so made on the appointed day, except that so much of Article 15 as requires the publication of planning applications shall not apply. 2.(1) Where any works on land existing at the appointed day were carried out, or any use to which land is put on that day, was begun otherwise than in accordance with planning permission granted under the Act of 1944 or under the terms of an interim development order then, subject to this paragraph, Part VI shall apply thereto as it applies in relation to development carried out after the appointed day without the grant of permission in that behalf under Part IV. (2) The power of the Ministry under Article 19 to grant permission for the retention on land of buildings or works constructed or carried out before the date of application, or for the continuance of any use of land instituted before that date, shall include power to grant such permission in respect of which the Ministry is empowered to serve an enforcement notice by virtue of this paragraph; and where permission is so granted sub-paragraph (1) shall cease to apply to the works or use to which the permission relates, but without prejudice to the application thereto of the provisions of this Order relating to enforcement with respect to the contravention of conditions subject to which permission for development has been granted thereunder. 3.(1) Where any works on land existing at the appointed day, or any use to which land is put on that day, has been authorised by a permission under the Act of 1944 granted subject to conditions, Part VI shall apply in relation to those works or that use as if the conditions had been imposed on the grant of planning permission under Part IV. (2) Without prejudice to the generality of sub-paragraph (1), where any such permission as aforesaid was granted subject to a condition in whatever form restricting the period for which the works or use may be continued on the land, then if that period has not expired at the appointed day and the works are not removed, or the use discontinued, at the end of that period, Part VI shall apply in relation thereto as if the works had been carried out, or the use begun, as the case may be, at the end of that period and without the grant of planning permission in that behalf under Part IV. (3) The power of the Ministry under Article 19 to grant permission for the retention on land of buildings or works constructed or carried out before the date of the application, or the continuance of any use of land instituted before that date, shall include power to grant such permission in respect of any works or use authorised by a permission granted subject to any such conditions as are mentioned in sub-paragraph (2); and where permission is so granted sub-paragraph (2) shall cease to apply to the works or use to which the permission relates, but without prejudice to the application thereto of the provisions of Part VI with respect to the contravention of conditions subject to which permission for development has been granted under Part IV. 4. Articles 25 and 26 do not apply to planning permissions granted before 1st September 1971 but shall apply to planning permissions granted on or after that date. 5.(1) Subject to sub-paragraph (2), every planning permission granted before 1st September 1971 shall, if the development to which it relates had not been begun before that date, be deemed to have been granted subject to a condition that the development must be begun within the period of five years following that date. (2) Sub-paragraph (1) does not apply (a)to any planning permission which was granted before 1st September 1971 subject to an express condition that the development to which it relates should be begun or be completed not later than a specified date or within a specified period; or (b)to any such planning permission as is mentioned in Article 25(3). 6.(1) Subject to sub-paragraph (2), where before 1st September 1971 outline planning permission (as defined by Article 26(1)) has been granted for development consisting in or including the carrying out of building or other operations, and the development had not been begun before that date, that planning permission shall be deemed to have been granted subject to conditions to the following effect: (a)that, in the case of any reserved matter (as defined in that Article), application for approval must be made within three years of 1st September 1971; and (b)that the development to which the permission relates must be begun by whichever is the later of the following dates: (i)the expiration of five years from 1st September 1971; or (ii)the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. (2) Sub-paragraph (1) does not apply to an outline planning permission granted before 1st September 1971 subject to an express condition that the development to which it relates should be begun, or be completed, or that application for approval of any reserved matter should be made, not later than a specified date or within a specified period. (3) For the purposes of sub-paragraph (1), a reserved matter shall be treated as finally approved when an application for approval is granted or, when there is an appeal under section 2(6) of the Act of 1944, on the date of the determination of the appeal. 7.(1) In Articles 27 and 28, references to Articles 25 and 26 shall respectively include references to paragraphs 5 and 6. (2) In Articles 27 and 70(3) references to the conditions referred to in Articles 25 and 26 shall include references to the conditions referred to in paragraphs 5 and 6. 8. In respect of planning decisions given before the appointed day, references in Articles 25 and 26 and in paragraphs 5 and 6 to outline planning permission shall be construed as references to general planning permission and the reference in Article 27 (2) to an appeal under Article 23 shall be construed as a reference to an appeal under section 2(6) of the Act of 1944. 9.(1) Where permission for any development of land has been granted before the appointed day on an application made under the Act of 1944 or the New Towns Act (Northern Ireland) 1965 then if and so far as that development has not been carried out before the appointed day and the permission granted as aforesaid is in force immediately before that day, planning permission shall be deemed by virtue of this paragraph to be granted in respect thereof under Part IV, subject to the like conditions, if any, as were in force in respect of that permission at that time. (2) Article 29 shall apply in relation to a permission which is deemed to be granted by virtue of sub-paragraph (1) as if it had been granted on an application made in that behalf under Part IV. 10. Where a hearing has been held under section 3 of the Act of 1944 before the appointed day but no order has been made under that section, the Ministry may make an order under Article 29 as if the hearing already held had been a hearing held under Article 29 following an application for the making of an order by the Ministry under that Article. 11. The repeal by Schedule 7 of sections 35 and 36 of the Act of 1965 shall not have effect in relation to a planning decision given under the Act of 1944 before the appointed day. 12.(1) Where any planning permission granted in relation to any land before 4th February 1968 is subject to the conditions specified in paragraph 5 or 6, then notwithstanding anything in Part I of the Act of 1965, an application or a further application may, within five years from 1st September 1971, be made to the Ministry under section 5 of that Act requiring it to ascertain the development value of that land. (2) In ascertaining the development value of any land in pursuance of an application or further application made by virtue of sub-paragraph (1), Part I of the Act of 1965 shall have effect as if (a)any planning permission which, under section 3(4) of that Act, would otherwise be taken into account in ascertaining the restricted or unrestricted value of the land, had not been granted; (b)for any reference to the specified date there were substituted a reference to 1st September 1971; (c)any reference (except in section 7(a) of that Act) to a Part I application included a reference to such an application made by virtue of sub-paragraph (1). (3) Except as provided by Article 81, nothing in this Order or in any instrument (within the meaning of the Interpretation Act (Northern Ireland) 1954) made under it shall affect any functions of the Post Office under the enactments relating to telegraphs or apply to any telegraphic lines (within the meaning of the Telegraph Act 1878) placed or maintained by virtue of those enactments. Schedule 6Amendments. Schedule 7Repeals 1878 c.76

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	Statutes of Northern Ireland
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Statutes of Northern Ireland