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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Planning General Regulations (Northern Ireland) 2015 No. 39 URL: http://www.bailii.org/nie/legis/num_reg/2015/nisr_201539_en_1.html |
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Statutory Rules of Northern Ireland
Planning
Made
9th February 2015
Coming into operation
1st April 2015
The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by sections 71(2), 79(1), (3), (4) and (5) and 247(1) of the Planning Act (Northern Ireland) 2011(1).
1.-(1) These Regulations may be cited as the Planning General Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015.
(2) In these Regulations-
"the 2011 Act" means the Planning Act (Northern Ireland) 2011;
"planning permission", except in regulations 7 and 8, includes any consent of a council required under a development order; and
a reference to a section is a reference to a section of the 2011 Act.
2. In relation to-
(a)land of an interested council; and
(b)development of any land by an interested council or such council jointly with any person,
the provisions of Parts 3, 4 (except chapters 1 and 2 of that part) and 5 (except sections 157 to 163) of the 2011 Act shall apply subject to regulations 3 to 10.
3. Subject to regulation 4, an application for planning permission by an interested council to develop any land of that council, or for development of any land by an interested council or by an interested council jointly with any other person, shall be determined by the council, unless the application is referred to the Department under section 29 for determination by it.
4. Regulation 3 does not apply in the case of an application for planning permission to develop land of an interested council where the council does not intend to develop the land itself or jointly with any person.
5.-(1) In the case of applications for planning permission for development to which regulation 3 applies-
(a)sections 46 and 58 shall not apply;
(b)sections 64 and 65 shall not apply except to the extent that they apply to a completion notice served under section 66 by the Department; and
(c)the provisions of Part 3 of the 2011 Act listed in the first column of the Schedule to these Regulations shall have effect subject to the modifications in the second column of that Schedule.
(2) If an application for planning permission for development to which regulation 3 applies is referred to the Department under section 29 for determination by it that section shall have effect subject to the modification that, in subsection (7), for the words "the applicant or the council so requests in writing, the Department shall afford each of them an opportunity" substitute the words "the interested council wishes, give it the opportunity".
6. In Part 3 of the 2011 Act any reference to "council", in relation to development to which regulation 3 applies, is a reference to the interested council concerned, and references to "the council" shall be construed accordingly.
7.-(1) Any provision made by virtue of section 41, 42 or 45(2) to (4) or by a development order shall apply to applications for planning permission for development to which regulation 3 applies subject to the modifications prescribed in paragraph (2).
(2) Any reference in such a development order to "council" is a reference to the interested council concerned, and references to "the council" shall be construed accordingly.
8. Any grant of planning permission by an interested council for development falling within regulation 3 shall have effect only for the benefit of the applicant interested council, except in the case of development of any land by an interested council jointly with any other person where that person is specified in the application for planning permission as a joint developer, in which case the permission shall have effect for the benefit of the applicant interested council and that other person.
9. Notwithstanding anything in section 7 (arrangements for discharge of functions of council) of the Local Government Act (Northern Ireland) 2014(2) no application for planning permission for development to which regulation 3 applies may be determined-
(a)by a committee or sub-committee of the interested council concerned if that committee or sub-committee is responsible (wholly or partly) for the management of any land or buildings to which the application relates; or
(b)by an officer of the interested council concerned if that officer's responsibilities include any aspect of the management of any land or buildings to which the application relates.
10. Where an interested council is seeking a consent of a council under Parts 3, 4 (except chapters 1 and 2 of that Part) or 5 (except sections 157 to 163) of the 2011 Act other than planning permission to develop land or a consent to display an advertisement pursuant to regulations made under section 130 and that council is itself the council by whom such consent would be given, it shall make an application for such consent to the Department.
11.-(1) Where an order has been made to which section 71(2) applies, a council shall-
(a)publish notice of the order in at least one newspaper circulating in the locality in which the land to which the order relates is situated;
(b)serve notice of the order to any identified occupier on neighbouring land in accordance with paragraph (2); and
(c)where it maintains a website for the purpose of advertisement of orders, publish the notice on that website.
(2) The notice to be given in accordance with paragraph (1)(b) must specify-
(a)the date within which persons affected by the order may give notice to the Department that they wish for an opportunity of appearing before, and being heard by, the planning appeals commission (being a date not less than 28 days from the date of service of the notice); and
(b)the date at the expiration of which, if no such notice is given to the Department, the order may take effect without being confirmed by the Department (being a date not less than 14 days from the date referred to in paragraph (2)(a)).
Sealed with the Official Seal of the Department of the Environment on 9th February 2015.
Angus Kerr
A senior officer of the Department of the Environment
Regulation 5
| Provision of the 2011 Act | Modification |
|---|---|
| Section 63 | In subsection (3) omit the words "or, where on an appeal under section 58, the planning appeals commission grants the approval, on the date of the determination of the appeal". Omit subsection (4). |
| Section 65 | In subsection (3) omit the words "and the council". |
| Section 66 | Omit subsection (3). |
| Section 70 | In subsection (4) for the words "both to that person and the council" substitute the words "to that person". |
| Section 72 | Omit subsections (3) to (6). |
| Section 74 | In subsection (5) for the words "both to that person and the council" substitute the words "to that person". |
| Section 75 | Omit subsections (3) to (7). |
(This note is not part of the Regulations.)
Regulations 2 to 10 apply Parts 3, 4 (except chapters 1 and 2 of that Part) and 5 (except sections 157 to 163) of the Planning Act (Northern Ireland) 2011 with modifications to-
(a)land in which a council has any interest and in relation to which the council exercises any of the functions of a planning authority, and
(b)the development of any land by a council exercising any of the functions of a planning authority in relation to that land, whether the development is by the council alone, or jointly with any other person.
Regulation 11 makes provision for the procedure to be followed for publicising an unopposed order under section 68.
A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department of the Environment, Causeway Exchange, 1-7 Bedford Street, Town Parks, Belfast, BT2 7EG or accessed at www.doeni.gov.uk.
The Explanatory Memorandum is available alongside the Regulations on the government's website www.legislation.gov.uk.
