Planning Act (Northern Ireland) 2011
Planning Act (Northern Ireland) 2011 (2011 c. 25 (N.I.))
- Planning Act (Northern Ireland) 2011 (2011 c. 25 (N.I.))
- Part 1 Functions of Department of the Environment with respect to development of land
- 1 General functions of Department with respect to development of land
- 2 Preparation of statement of community involvement by Department
- Part 2 Local development plans
- General
- 3 Survey of district
- 4 Statement of community involvement
- 5 Sustainable development
- Local development plans
- 6 Local development plan
- 7 Preparation of timetable
- 8 Plan strategy
- 9 Local policies plan
- 10 Independent examination
- 11 Withdrawal of development plan documents
- 12 Adoption
- 13 Review of local development plan
- 14 Revision of plan strategy or local policies plan
- 15 Intervention by Department
- 16 Department's default powers
- 17 Joint plans
- 18 Power of Department to direct councils to prepare joint plans
- 19 Exclusion of certain representations
- 20 Guidance
- 21 Annual monitoring report
- 22 Regulations
- Part 3 Planning control
- “Development” and requirement of planning permission
- 23 Meaning of “development”
- 24 Development requiring planning permission
- Development management
- 25 Hierarchy of developments
- 26 Department's jurisdiction in relation to developments of regional significance
- 27 Pre-application community consultation
- 28 Pre-application community consultation report
- 29 Call in of applications, etc., to Department
- 30 Pre-determination hearings
- 31 Local developments: schemes of delegation
- Development orders
- 32 Development orders
- Simplified planning zone schemes
- 33 Simplified planning zones
- 34 Making and alteration of simplified planning zone schemes
- 35 Simplified planning zone schemes: conditions and limitations on planning permission
- 36 Duration of simplified planning zone scheme
- 37 Alteration of simplified planning zone scheme
- 38 Exclusion of certain descriptions of land or development
- Grant of planning permission in enterprise zones
- 39 Grant of planning permission in enterprise zones
- Planning applications
- 40 Form and content of applications
- 41 Notice, etc., of applications for planning permission
- 42 Notification of applications to certain persons
- 43 Notice requiring planning application to be made
- 44 Appeal against notice under section 43
- Determination of planning applications
- 45 Determination of planning applications
- 46 Power of council to decline to determine subsequent application
- 47 Power of Department to decline to determine subsequent application
- 48 Power of council to decline to determine overlapping application
- 49 Power of Department to decline to determine overlapping application
- 50 Duty to decline to determine application where section 27 not complied with
- 51 Assessment of environmental effects
- 52 Conditional grant of planning permission
- 53 Power to impose aftercare conditions on grant of mineral planning permission
- 54 Permission to develop land without compliance with conditions previously attached
- 55 Planning permission for development already carried out
- 56 Directions etc. as to method of dealing with applications
- 57 Effect of planning permission
- Appeals
- 58 Appeals
- 59 Matters which may be raised in an appeal under section 58
- 60 Appeal against failure to take planning decision
- Duration of planning permission
- 61 Duration of planning permission
- 62 Duration of outline planning permission
- 63 Provisions supplementary to sections 61 and 62
- 64 Termination of planning permission by reference to time limit
- 65 Effect of completion notice
- 66 Power of Department to serve completion notices
- 67 Power to make non-material changes to planning permission
- 68 Revocation or modification of planning permission by council
- 69 Aftercare conditions imposed on revocation or modification of mineral planning permission
- 70 Procedure for section 68 orders: opposed cases
- 71 Procedure for section 68 orders: unopposed cases
- 72 Revocation or modification of planning permission by the Department
- 73 Orders requiring discontinuance of use or alteration or removal of buildings or works
- 74 Confirmation by Department of section 73 orders
- 75 Power of Department to make section 73 orders
- 76 Planning agreements
- 77 Modification and discharge of planning agreements
- 78 Appeals
- Land belonging to councils and development by councils
- 79 Land belonging to councils and development by councils
- Part 4 Additional planning control
- Chapter 1 Listed buildings and conservation areas
- Listed buildings
- 80 Lists of buildings of special architectural or historic interest
- 81 Temporary listing: building preservation notices
- 82 Temporary listing in urgent cases
- 83 Lapse of building preservation notices
- 84 Issue of certificate that building is not intended to be listed
- 85 Control of works for demolition, alteration or extension of listed buildings
- 86 Applications for listed building consent
- 87 Notification of applications for listed building consent to certain persons
- 88 Call in of certain applications for listed building consent to Department
- 89 Duty to notify Department of applications for listed building consent
- 90 Directions concerning notification of applications, etc.
- 91 Decision on application for listed building consent
- Power to decline to determine application for listed building consent
- 92 Power to decline to determine subsequent application for listed building consent
- 93 Power to decline to determine overlapping application for listed building consent
- 94 Duration of listed building consent
- 95 Consent to execute works without compliance with conditions previously attached
- 96 Appeal against decision
- 97 Appeal against failure to take decision
- 98 Revocation or modification of listed building consent by council
- 99 Procedure for section 98 orders: opposed cases
- 100 Procedure for section 98 orders: unopposed cases
- 101 Revocation or modification of listed building consent by the Department
- 102 Applications to determine whether listed building consent required
- 103 Acts causing or likely to result in damage to listed buildings
- Areas of special architectural or historic interest
- 104 Conservation areas
- 105 Control of demolition in conservation areas
- 106 Grants in relation to conservation areas
- Land and works of councils
- 107 Application of Chapter 1, etc., to land and works of councils
- CHAPTER 2 HAZARDOUS SUBSTANCES
- 108 Requirement of hazardous substances consent
- 109 Applications for hazardous substances consent
- 110 Determination of applications for hazardous substances consent
- 111 Grant of hazardous substances consent without compliance with conditions previously attached
- 112 Revocation or modification of hazardous substances consent
- 113 Confirmation by Department of section 112 orders
- 114 Call in of certain applications for hazardous substances consent to Department
- 115 Appeals
- 116 Effect of hazardous substances consent and change of control of land
- 117 Offences
- 118 Emergencies
- 119 Health and safety requirements
- 120 Applications by councils for hazardous substances consent
- Chapter 3 Trees
- 121 Planning permission to include appropriate provision for trees
- 122 Tree preservation orders: councils
- 123 Provisional tree preservation orders
- 124 Power for Department to make tree preservation orders
- 125 Replacement of trees
- 126 Penalties for contravention of tree preservation orders
- 127 Preservation of trees in conservation areas
- 128 Power to disapply section 127
- Chapter 4 Review of mineral planning permissions
- 129 Review of mineral planning permissions
- Chapter 5 Advertisements
- 130 Control of advertisements
- Part 5 Enforcement
- Introductory
- 131 Expressions used in connection with enforcement
- 132 Time limits
- Planning contravention notices
- 133 Power to require information about activities on land
- 134 Penalties for non-compliance with planning contravention notice
- Temporary stop notices
- 135 Temporary stop notice
- 136 Temporary stop notice: restrictions
- 137 Temporary stop notice: offences
- Enforcement notices
- 138 Issue of enforcement notice by councils
- 139 Issue of enforcement notice by Department
- 140 Contents and effect of enforcement notice
- 141 Variation and withdrawal of enforcement notices by councils
- 142 Variation and withdrawal of enforcement notices by Department
- 143 Appeal against enforcement notice
- 144 Appeal against enforcement notice - general supplementary provisions
- 145 Appeal against enforcement notice - supplementary provisions relating to planning permission
- 146 Execution and cost of works required by enforcement notice
- 147 Offence where enforcement notice not complied with
- 148 Effect of planning permission, etc., on enforcement or breach of condition notice
- 149 Enforcement notice to have effect against subsequent development
- 150 Service of stop notices by councils
- 151 Service of stop notices by Department
- Breach of condition notices
- 152 Enforcement of conditions
- Fixed penalties
- 153 Fixed penalty notice where enforcement notice not complied with
- 154 Fixed penalty notice where breach of condition notice not complied with
- 155 Use of fixed penalty receipts
- Injunctions
- 156 Injunctions
- Listed buildings
- 157 Issue of listed building enforcement notices by councils
- 158 Issue of listed buildings enforcement notices by Department
- 159 Appeal against listed building enforcement notice
- 160 Effect of listed building consent on listed building enforcement notice
- 161 Urgent works to preserve building
- Hazardous substances
- 162 Hazardous substances contravention notice
- 163 Variation of hazardous substances contravention notices
- Trees
- 164 Enforcement of duties as to replacement of trees
- 165 Appeals against section 164 notices
- 166 Execution and cost of works required by section 164 notice
- 167 Enforcement of controls as respects trees in conservation areas
- Discontinuance orders
- 168 Enforcement of orders under section 73
- Certificate of lawful use or development
- 169 Certificate of lawfulness of existing use or development
- 170 Certificate of lawfulness of proposed use or development
- 171 Certificates under sections 169 and 170: supplementary provisions
- 172 Offences
- 173 Appeals against refusal or failure to give decision on application
- 174 Further provisions as to appeals under section 173
- Advertisements
- 175 Enforcement of advertisement control
- Rights of entry for enforcement purposes
- 176 Rights to enter without warrant
- 177 Right to enter under warrant
- 178 Rights of entry: supplementary provisions
- Part 6 Compensation
- 179 Compensation where planning permission is revoked or modified
- 180 Modification of the Act of 1965 in relation to minerals
- 181 Compensation where listed building consent revoked or modified
- 182 Compensation in respect of orders under section 73, 75 or 112
- 183 Compensation in respect of tree preservation orders
- 184 Compensation where hazardous substances consent modified or revoked under section 116
- 185 Compensation for loss due to stop notice
- 186 Compensation for loss or damage caused by service of building preservation notice
- 187 Compensation for loss due to temporary stop notice
- 188 Compensation where planning permission assumed for other development
- 189 Compensation: failure of consultee to respond under section 229
- 190 Interpretation of Part 6
- Part 7 Purchase of estates in certain land affected by planning decisions
- 191 Service of purchase notice
- 192 Purchase notices: Crown land
- 193 Action by council following service of purchase notice
- 194 Further ground of objection to purchase notice
- 195 Reference of counter-notices to Lands Tribunal
- 196 Effect of valid purchase notice
- 197 Special provision as to compensation under this Part
- Part 8 Further provisions as to historic buildings
- 198 Historic Buildings Council
- 199 Grants and loans for preservation or acquisition of listed buildings
- 200 Acquisition of listed buildings by agreement
- 201 Acceptance by Department of endowments in respect of listed buildings
- 202 Compulsory acquisition of listed buildings
- Part 9 The Planning Appeals Commission
- 203 The Planning Appeals Commission
- 204 Procedure of appeals commission
- 205 Power to award costs
- 206 Orders as to costs: supplementary
- Part 10 Assessment of council's performance or decision making
- 207 Assessment of council's performance
- 208 Assessment of council's decision making
- 209 Further provision as respects assessment of performance or decision making
- 210 Report of assessment
- Part 11 Application of Act to Crown land
- Crown land
- 211 Application to the Crown
- 212 Interpretation of Part 11
- Application of Act as respects Crown land
- 213 Urgent Crown development
- 214 Urgent works relating to listed buildings on Crown land
- 215 Enforcement in relation to the Crown
- 216 References to an estate in land
- 217 Applications for planning permission, etc. by Crown
- 218 Service of notices on the Crown
- Part 12 Correction of errors
- 219 Correction of errors in decision documents
- 220 Correction notice
- 221 Effect of correction
- 222 Supplementary
- Part 13 Financial provisions
- 223 Fees and charges
- 224 Grants for research and bursaries
- 225 Grants to bodies providing assistance in relation to certain planning policy or development proposals
- 226 Contributions by councils and statutory undertakers
- 227 Contributions by departments towards compensation paid by councils
- Part 14 Miscellaneous and general provisions
- Review of Act
- 228 Review of Act
- Duty to respond to consultation
- 229 Duty to respond to consultation
- Application of Act in special cases
- 230 Minerals
- Inquiries
- 231 Local inquiries
- 232 Inquiries to be held in public subject to certain exceptions
- 233 Directions: Secretary of State
- 234 Directions: Department of Justice
- 235 National security
- Rights of entry
- 236 Rights of entry
- 237 Supplementary provisions as to powers of entry
- 238 Supplementary provisions as to powers of entry: Crown land
- Miscellaneous and general provisions
- 239 Service of notices and documents
- 240 Information as to estates in land
- 241 Information as to estates in Crown land
- 242 Planning register
- 243 Power to appoint advisory bodies or committees
- 244 Time limit for certain summary offences under this Act
- 245 Registration of matters in Statutory Charges Register
- 246 Directions
- 247 Regulations and orders
- Amendment of the Planning (Northern Ireland) Order 1991
- 248 Amendment of certain time periods in relation to enforcement
- 249 Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991
- Part 15 Supplementary
- 250 Interpretation
- 251 Further provision
- 252 Minor and consequential amendments
- 253 Repeals
- 254 Commencement
- 255 Short title
- SCHEDULES
- SCHEDULE 1 SIMPLIFIED PLANNING ZONES
- SCHEDULE 2 REVIEW OF OLD MINERAL PLANNING PERMISSION
- Interpretation
- Phase I and II sites
- The “first list”
- The “second list”
- Advertisement of the first and second lists
- Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
- Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory
- Service on owners etc. of notice of preparation of the first and second lists
- Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed
- Notice of determination of conditions to be accompanied by additional information in certain cases
- Right to appeal against council's determination of conditions etc.
- Permissions ceasing to have effect
- Call in of applications to Department
- Two or more applicants
- Compensation
- Appeals: general procedural provisions
- SCHEDULE 3 PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS
- Duty to carry out periodic reviews
- Interpretation
- The first review date
- Service of notice of first periodic review
- Application for postponement of the first review date
- Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
- Permissions ceasing to have effect
- Appeals
- Call in of applications to Department
- Time from which conditions determined under this Schedule are to take effect
- Two or more applicants
- Second and subsequent periodic reviews
- Compensation
- SCHEDULE 4 AMENDMENTS TO THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 (C. 23)
- SCHEDULE 5 THE HISTORIC BUILDINGS COUNCIL
- SCHEDULE 6 MINOR AND CONSEQUENTIAL AMENDMENTS
- The Caravans Act (Northern Ireland) 1963 (c. 17)
- The Local Government Act (Northern Ireland) 1972 (c. 9)
- The Planning (Northern Ireland) Order 1972 (NI 17)
- The House of Commons Disqualification Act 1975 (c. 24)
- The Rates (Northern Ireland) 1977 (NI 28)
- The Property (Northern Ireland) Order 1978 (NI 4)
- The Planning (Amendment) (Northern Ireland) Order 1978 (NI 18)
- The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
- The Estate Agents Act 1979 (c. 38)
- The Building Regulations (Northern Ireland) Order 1979 (NI 16)
- The Mineral Exploration (Northern Ireland) Order 1979 (NI 18)
- The Private Streets (Northern Ireland) Order 1980 (NI 12)
- The Housing (Northern Ireland) Order 1981 (NI 3)
- The Enterprise Zones (Northern Ireland) Order 1981 (NI 15)
- The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)
- The Civil Aviation Act 1982 (c. 16)
- The Land Compensation (Northern Ireland) Order 1982 (NI 9)
- The Housing (Northern Ireland) Order 1983 (NI 15)
- The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)
- The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)
- The Betting, Gaming, Lotteries and Amusements (Northern Ireland) 1985 (NI 11)
- The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)
- The Laganside Development (Northern Ireland) Order 1989 (NI 2)
- The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 (NI 14)
- The Planning (Northern Ireland) Order 1991 (NI 11)
- The Electricity (Northern Ireland) Order 1992 (NI 1)
- The Taxation of Chargeable Gains Act 1992 (c. 12)
- The Roads (Northern Ireland) Order 1993 (NI 15)
- The Value Added Tax Act 1994 (c. 23)
- The Airports (Northern Ireland) Order 1994 (NI 1)
- The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9)
- The Street Works (Northern Ireland) Order 1995 (NI 19)
- The Gas (Northern Ireland) Order 1996 (NI 2)
- The Business Tenancies (Northern Ireland) Order 1996 (NI 5)
- The Ombudsman (Northern Ireland) Order 1996 (NI 8)
- The Licensing (Northern Ireland) Order 1996 (NI 22)
- The Registration of Clubs (Northern Ireland) Order 1996 (NI 23)
- The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
- The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)
- The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)
- The Competition Act 1998 (c. 41)
- The Strategic Planning (Northern Ireland) Order 1999 (NI 4)
- The Water (Northern Ireland) Order 1999 (NI 6)
- The Postal Services Act 2000 (c. 26)
- The Capital Allowances Act 2001 (c. 2)
- The Environment (Northern Ireland) Order 2002 (NI 7)
- The Strategic Investments and Regeneration of Sites (Northern Ireland) Order 2003 (NI 1)
- The Finance Act 2003 (c. 14)
- The Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (NI 4)
- The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)
- The Climate Change Act 2008 (c. 27)
- The Financial Assistance Act (Northern Ireland) 2009 (c. 2)
- The Marine and Coastal Access Act 2009 (c. 23)
- The Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2)
- The Forestry Act (Northern Ireland) 2010 (c. 10)
- The Caravans Act (Northern Ireland) 2011 (c. 12)
- The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23)
- SCHEDULE 7 REPEALS
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