The Planning (Northern Ireland) Order 1991

• Citation: S.I. 1991/1220 (N.I.)
• Sections: 253

Section 1 Title and commencement

(1) This Order may be cited as the Planning (Northern Ireland) Order 1991.

(2) Subject to paragraph (3), this Order shall come into operation on the expiration of 3 months from the day on which it is made.

(3) Articles 28, 53 to 63 and 81 shall come into operation on such day or days as the Head of the Department may by order appoint .

Section 2 Interpretation

(1) Subject to Article 112E(2), the Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order, “the Department”—

(a) in relation to any function under, or for the purposes of, Part 7, and so far as relating to that Part, Articles 102 to 104, 121, 122, 125, 125A and 130, means the Department for Social Development;

(b) in relation to any function under, or for the purposes of,Articles 100 and 101 and Article 103 so far as relating to the making of an order under Article 100, means the Department for Regional Development.

(2A) Section 250(1) of the Planning Act (Northern Ireland) 2011, in so far as it relates to the definition of words or expressions used in that Act and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Act.

(3) For the purposes of section 42(3) of the Northern Ireland Constitution Act 1973 (validity of Orders in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972) provisions of this Order which re-enact provisions of an Order in Council under the said section 1(3) shall be deemed to be provisions of such an Order.

Section 2A Service of Notices and Documents

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Section 3 General functions of Department of the Environment with respect to development of land

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Section 3A Statement of community involvement

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Section 4 Development plans

(1) The Department may at any time make a development plan for any area or alter, repeal or replace a development plan adopted by it for any area.

(1A) A development plan for an area must be in general conformity with the regional development strategy.

(2) A development plan for an area shall consist of—

(a) a map and a written statement formulating, in such detail as the Department thinks appropriate, proposals for the development or other use of land in the area to which the plan relates; and

(b) such diagrams, illustrations and descriptive matter as the Department thinks appropriate to explain or illustrate the proposals in the plan.

(3) Where a development plan has not been adopted for an area, any provision of this Order which requires or authorises regard to be had to the development plan shall have effect in relation to that area as if any reference to the development plan were omitted.

Section 5 Publicity and consultation

(1) Where the Department proposes to make, alter, repeal or replace a development plan for an area, it shall proceed in accordance with this Article, unless Article 6 (which provides a short procedure for certain alterations, etc. ) applies.

(2) The Department shall consult with the district council for the area or any part of the area to which the plan or proposed plan relates.

(3) The Department shall take such steps as will in its opinion secure—

(a) that adequate publicity is given, in the area to which the plan or proposed plan relates, to the Department's proposals or to the issues involved;

(b) that persons who may be expected to wish to make representations to the Department about those proposals or issues are made aware that they are entitled to do so;

(c) that such persons are given an adequate opportunity of making such representations,

and the Department shall consider any representations made to it within the prescribed period.

(4) The Department shall then prepare the relevant documents, that is, the plan, alterations, instrument of repeal or replacement plan, as the case may be, and shall make copies of the documents available for inspection at such places as the Department considers appropriate.

(5) Each copy of the documents made available for inspection shall be accompanied by a statement of the prescribed period within which objections may be made to the Department.

(6) The Department shall then take such steps as may be prescribed for the purpose of advertising-

(a) the fact that the documents are available for inspection;

(b) the places and times at which, and period during which, they may be inspected; and

(c) the prescribed period within which objections may be made to the Department.

Section 6 Publicity and consultation-short procedure for certain alterations, etc.

(1) Where the Department proposes to alter, repeal or replace a development plan for an area and it appears to the Department that the issues involved are not of sufficient importance to warrant the full procedure set out in Article 5, the Department may proceed instead in accordance with this Article.

(2) The Department shall consult with the district council for the area or any part of the area to which the plan relates.

(3) The Department shall prepare the relevant documents, that is, the alteration, instrument of repeal or replacement plan, as the case may be, and shall make copies of the documents available for inspection at such place as the Department considers appropriate.

(4) Each copy of the documents made available for inspection shall be accompanied by a statement of the prescribed period within which representations or objections may be made to the Department.

(5) The Department shall then take such steps as may be prescribed for the purpose of—

(a) advertising the fact that the documents are available for inspection and the places and times at which, and period during which, they may be inspected; and

(b) inviting the making of representations or objections in accordance with regulations,

and shall consider any representations or objections made to it within the prescribed period.

Section 7 Independent examination

(1) The Department may cause an independent examination to be carried out by the planning appeals commission for the purpose of considering objections to a development plan or to the alteration, repeal or replacement of a development plan.

(2) Any person who makes objections to a development plan or to the alteration, repeal or replacement of a development plan shall, if he so requests, be given the opportunity to appear before and be heard by the planning appeals commission.

Section 8 Adoption by Department

(1) After the expiry of the period afforded for making objections to a development plan or to the alteration, repeal or replacement of a development plan or, if such objections have been duly made within that period, after considering the objections so made, and, where an independent examination is held, the report of the planning appeals commission, the Department may by order adopt the plan, alteration, repeal or replacement in whole or in part (whether with or without modifications) or reject it.

(2) A development plan or any alteration, repeal or replacement of a development plan shall become operative on a date appointed for the purpose in the order under paragraph (1) adopting the plan or the alteration, repeal or replacement.

Section 9 Incorporation in development plans of certain orders and schemes

(1) Any development plan for an area which includes land to which an order or scheme listed in paragraph (2) relates shall have effect as if the provisions of the order or scheme were included in the plan.

(2) The orders and schemes mentioned in paragraph (1) are—

(a) an order under section 1 of the New Towns Act (Northern Ireland) 1965;

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

(c) a redevelopment scheme approved under Article 49 of the Housing (Northern Ireland) Order 1981;

(d) an enterprise zone scheme;

(e) a simplified planning zone scheme; and

(f) a development scheme adopted under Article 86.

Section 10 Regulations as to development plans

Without prejudice to Articles 4 to 9, the Department may make regulations with respect to—

(a) the form and content of development plans; and

(b) the procedure to be followed in connection with the making, alteration, repeal and replacement of development plans.

Section 10A Sustainable development

(1) Where the Department or the planning appeals commission exercises any function under Article 3(1) or this Part, the Department or, as the case may be, the commission shall exercise that function with the objective of contributing to the achievement of sustainable development.

(2) For the purposes of paragraph (1) the Department and the commission shall have regard to policies and guidance issued by—

(a) the Department;

(b) the Department for Regional Development.

Section 11 Meaning of “development”

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Section 12 Development requiring planning permission

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Section 13 Development orders

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Section 14 Simplified planning zones

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Section 15 Simplified planning zone schemes: conditions and limitations on planning permission

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Section 16 Duration of simplified planning zone scheme

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Section 17 Alteration of simplified planning zone scheme

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Section 18 Exclusion of certain descriptions of land

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Section 19 Grant of planning permission in enterprise zones

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Section 20 Form and content of applications

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Section 21 Publication of notices of applications

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Section 22 Notification of applications to certain persons

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Section 23 Notice requiring planning application

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Section 24 Appeal against notice under Article 23

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Section 25 Determination of planning applications

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Section 25A Power to decline to determine subsequent application

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Section 25B Assessment of environmental effects

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Section 25AA Power to decline to determine overlapping application

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Section 26 Duty to draw attention to certain provisions for benefit of disabled

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Section 27 Conditional grant of planning permission

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Section 27A Power to impose aftercare conditions on grant of mineral planning permission

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Section 28 Permission to develop land without compliance with conditions previously attached

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Section 28A Planning permission for development already carried out

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Section 30 Effect of planning permission

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Section 31 Special procedure for major planning applications

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Section 32 Appeals

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Section 33 Appeal in default of planning decision

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Section 34 Duration of planning permission

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Section 35 Duration of outline planning permission

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Section 36 Provisions supplementary to Articles 34 and 35

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Section 37 Termination of planning permission by reference to time limit

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Section 38 Revocation or modification of planning permission

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Section 39 Orders requiring discontinuance of use or alteration or removal of buildings or works

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Section 40 Planning agreements

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Section 40A Modification and discharge of planning agreements

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Section 40B Appeals

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Section 42 Lists of buildings of special architectural or historic interest

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