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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Interpretation of Schedule 3
1. In this Schedule, unless the context otherwise requires –
“competent authority” has the meaning given by paragraph 3;
“development plan” has the meaning given by the Planning (Development Plans) Regulations (Northern Ireland) 1991();
“permit” means a waste management licence, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985 or a consent under the Water Order, (and, in relation to a permit, “grant” includes give, issue or pass);
“modify” includes vary, and cognate expressions shall be construed accordingly;
“plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991();
“planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;
“regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999();
“specified action” means any of the following –
(a)
determining –
(i)
an application for planning permission; or
(ii)
an appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;
(b)
deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;
(c)
deciding whether –
(i)
in making or confirming a discontinuance order, to include in the order any grant of planning permission; or
(ii)
to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,
and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 or 112 of the Planning (Northern Ireland) Order 1991;
(d)
discharging functions under Part III of the Planning (Northern Ireland) Order 1991.
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