- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Planning Act (Northern Ireland) 2011, SCHEDULE 6.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 252.
1 In section 3(3) for “the Planning Order” substitute “ the Planning Act ”.N.I.
Commencement Information
I1Sch. 6 para. 1 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2Sch. 6 para. 1 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
2 In section 4—N.I.
(a)in subsection (1) for “the Planning Order” substitute “ the Planning Act ”;
(b)in subsection (2) for “Article 32 of the Planning Order” substitute “ section 58 of the Planning Act ”.
Commencement Information
I3Sch. 6 para. 2 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I4Sch. 6 para. 2 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
3 In section 5(3) for “the Planning Order” substitute “ the Planning Act ”.N.I.
Commencement Information
I5Sch. 6 para. 3 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I6Sch. 6 para. 3 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
4 In section 8(10) for “the Planning Order” substitute “ the Planning Act ”.N.I.
Commencement Information
I7Sch. 6 para. 4 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I8Sch. 6 para. 4 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
5 In section 25(1) for the definition of “the Planning Order” substitute—N.I.
““the Planning Act” means the Planning Act (Northern Ireland) 2011;”.
Commencement Information
I9Sch. 6 para. 5 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I10Sch. 6 para. 5 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
6 In section 25(4) for “the Planning Order” substitute “ the Planning Act ”.N.I.
Commencement Information
I11Sch. 6 para. 6 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I12Sch. 6 para. 6 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
7 In the Schedule in paragraph 9 for “the Planning Order” substitute “ the Planning Act ”.N.I.
Commencement Information
I13Sch. 6 para. 7 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I14Sch. 6 para. 7 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
8 In section 47A (delegation of functions to officers) after subsection (3) add—N.I.
“(4) A district council's function of determining planning permission for a development of a class mentioned in section 30(1) of the Planning (Northern Ireland) Act 2011 shall be discharged only by the council.”.
Commencement Information
I15Sch. 6 para. 8 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I16Sch. 6 para. 8 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
9 In Article 2(2)—N.I.
(a)for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”;
(b)for “that Order” substitute “ that Act ”.
Commencement Information
I17Sch. 6 para. 9 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I18Sch. 6 para. 9 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
10 In Article 68(1) for “Order” substitute “ Act ”.N.I.
Commencement Information
I19Sch. 6 para. 10 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I20Sch. 6 para. 10 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
11 For Article 69B(1) substitute—N.I.
“(1) In this Part “the Planning Act” means the Planning Act (Northern Ireland) 2011.”.
Commencement Information
I21Sch. 6 para. 11 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I22Sch. 6 para. 11 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
12 In Schedule 1 in Part 2 for “The Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991” substitute “ The Planning Appeals Commission constituted under section 203 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I23Sch. 6 para. 12 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I24Sch. 6 para. 12 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
13 In Article 26 in paragraph (2B)(d) for “the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I25Sch. 6 para. 13 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I26Sch. 6 para. 13 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
14 In Part 1 of Schedule 12 in paragraph 8—N.I.
(a)in the definition of “development” for “Article 2(2) of the Planning Order” substitute “ section 250(1) of the Planning Act ”;
(b)for the definition of “Planning Order” substitute—
““Planning Act” means the Planning Act (Northern Ireland) 2011;”;
(c)in the definition of “planning permission” for “Article 2(2) of the Planning Order” substitute “ section 250(1) of the Planning Act ”.
Commencement Information
I27Sch. 6 para. 14 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I28Sch. 6 para. 14 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
15 In Article 5(5)—N.I.
(a)in sub-paragraph (c) for “development plan adopted under Part III of the Planning (Northern Ireland) Order 1991 for the area” substitute “ local development plan (within the meaning of section 6(1) of the Planning Act (Northern Ireland) 2011) for the district ”;
(b)in sub-paragraph (d) for “that Planning Order” substitute “ that Planning Act ”.
Commencement Information
I29Sch. 6 para. 15 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I30Sch. 6 para. 15 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
16 In Article 2(2) omit the definition of “the Planning Order”.N.I.
Commencement Information
I31Sch. 6 para. 16 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I32Sch. 6 para. 16 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
17 In Article 2(3)—N.I.
(a)for “the Planning Order” substitute “ the Planning Act (Northern Ireland) 2011 ”;
(b)for “that Order” substitute “ that Act ”.
Commencement Information
I33Sch. 6 para. 17 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I34Sch. 6 para. 17 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
18 In Article 3(a) for “Part IV of the Planning Order” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I35Sch. 6 para. 18 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I36Sch. 6 para. 18 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
19 In Article 65(6) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I37Sch. 6 para. 19 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I38Sch. 6 para. 19 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
20 In Article 66(7) for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I39Sch. 6 para. 20 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I40Sch. 6 para. 20 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
21 In section 1(2)(e) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I41Sch. 6 para. 21 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I42Sch. 6 para. 21 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
22 In Article 3A(2)—N.I.
(a)in sub-paragraph (a), for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”;
(b)in sub-paragraph (b), for “that Order” substitute “ that Act ”.
Commencement Information
I43Sch. 6 para. 22 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I44Sch. 6 para. 22 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
23 In Article 9(3)(b) for “Parts IV and V of the Planning (Northern Ireland) Order 1991” substitute “ Parts 3 and 4 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I45Sch. 6 para. 23 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I46Sch. 6 para. 23 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
24 In Article 3(2) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I47Sch. 6 para. 24 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I48Sch. 6 para. 24 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
25 In Article 2—N.I.
(a)in paragraph (2) for the definition of “the Planning Order” substitute—
““the Planning Act” means the Planning Act (Northern Ireland) 2011;”;
(b)in paragraph (5) for “Planning Order” substitute “ Planning Act ”.
Commencement Information
I49Sch. 6 para. 25 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I50Sch. 6 para. 25 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
26 In Article 3—N.I.
(a)in paragraph (1) for “Part IV of the Planning Order” substitute “ Part 3 of the Planning Act ”;
(b)in paragraph (6) for “Planning Order” substitute “ Planning Act ”.
Commencement Information
I51Sch. 6 para. 26 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I52Sch. 6 para. 26 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
27 In Article 4(1)—N.I.
(a)for “Planning Order” substitute “ Planning Act ”;
(b)for “that Order” substitute “ that Act ”.
Commencement Information
I53Sch. 6 para. 27 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I54Sch. 6 para. 27 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
28 In Article 4(2) for “Planning Order” substitute “ Planning Act ”.N.I.
Commencement Information
I55Sch. 6 para. 28 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I56Sch. 6 para. 28 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
29 In Article 4(3)—N.I.
(a)for “Article 32 of the Planning Order” substitute “ section 58 of the Planning Act ”;
(b)for “that Article” substitute “ that section ”.
Commencement Information
I57Sch. 6 para. 29 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I58Sch. 6 para. 29 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
30 In Article 4(4)—N.I.
(a)for “Part VI of the Planning Order” substitute “ Part 5 of the Planning Act ”;
(b)for “or the Planning Order” substitute “ or the Planning Act ”.
Commencement Information
I59Sch. 6 para. 30 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I60Sch. 6 para. 30 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
31 In Article 24(8)(b) for “Planning Order” substitute “ Planning Act ”.N.I.
Commencement Information
I61Sch. 6 para. 31 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I62Sch. 6 para. 31 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
32 In Article 25(2)(b) for “Planning Order” substitute “ Planning Act ”.N.I.
Commencement Information
I63Sch. 6 para. 32 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I64Sch. 6 para. 32 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
33 In Article 38(5) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I65Sch. 6 para. 33 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I66Sch. 6 para. 33 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
34 For Article 9(2) substitute—N.I.
“(2) Sections 236(5) and 237 of the Planning Act (Northern Ireland) 2011 (giving notice, compensation for damage, etc.) shall apply in relation to paragraph (1) as they apply in relation to section 236 of that Act”.
Commencement Information
I67Sch. 6 para. 34 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I68Sch. 6 para. 34 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
35 In Article 2(2) after the definition of “ “the Planning Order” insert—N.I.
““the Planning Act” means the Planning Act (Northern Ireland) 2011;”.
Commencement Information
I69Sch. 6 para. 35 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I70Sch. 6 para. 35 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
36 In Article 3—N.I.
(a)in paragraph (1)—
(i)in sub-paragraph (g) for the words from “indicated” to “Order” substitute “ indicated in a development plan document (within the meaning of section 6(2) of the Planning Act) ”;
(ii)for sub-paragraph (h) substitute—
“(h)is land indicated in a plan (not being a local development plan) as land which may be required for the purposes of any function of a government department, district council or authority possessing compulsory purchase powers, being land in respect of which the council intends to exercise its powers of planning control under Part 3 of the Planning Act by reference to such a plan;”;
(iii)for sub-paragraph (i) substitute—
“(i)is land in respect of which a council—
(a)has resolved to take action to safeguard it for development for the purposes of any function mentioned in sub-paragraph (h); or
(b)has been directed by the Department to restrict the grant of planning permission in order to safeguard it for such development;”;
(b)for paragraph (2) substitute—
“(2) In paragraph (1)(g) the reference to a development plan document is a reference to—
(a)a development plan document adopted or approved for the purposes of Part 2 of the Planning Act;
(b)a revision of a development plan document in pursuance of section 14 of the Planning Act which is adopted or approved for the purposes of Part 2 of that Act;
(c)a development plan document which has been submitted to the Department for independent examination under section 10 of the Planning Act;
(d)a revision of a development plan document in pursuance of section 14 of the Planning Act if the document has been submitted to the Department for independent examination under section 10 of that Act.
(2A) But paragraph (2)(c) and (d) does not apply if the document is withdrawn under section 11 of the Planning Act at any time after it has been submitted for independent examination.
(2B) In paragraph (2)(c) and (d) the submission of a development plan document to the Department for independent examination is to be taken to include the holding of an independent examination by the planning appeals commission or a person appointed by the Department.”;”;
(c)in paragraph (4) for “adopted by the Department” substitute “ adopted or approved ”;
(d)in paragraph (5) after “adopted”, wherever that word occurs, insert “ or approved ”.
Commencement Information
I71Sch. 6 para. 36 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I72Sch. 6 para. 36 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
37 In Article 15A(2) for “Part 12 of the Planning Order” substitute “ Part 11 of the Planning Act ”.N.I.
Commencement Information
I73Sch. 6 para. 37 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I74Sch. 6 para. 37 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
38 In section 53(7) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I75Sch. 6 para. 38 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I76Sch. 6 para. 38 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
39 In Article 2(2) for “Article 110 of the Planning (Northern Ireland) Order 1991” substitute “ section 203 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I77Sch. 6 para. 39 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I78Sch. 6 para. 39 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
40 In Article 7(2) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I79Sch. 6 para. 40 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I80Sch. 6 para. 40 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
41 In Articles 14 and 15 for “development plan” wherever those words occur substitute “ local development plan ”.N.I.
Commencement Information
I81Sch. 6 para. 41 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I82Sch. 6 para. 41 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
42 In Article 15(1) for “Department of the Environment” substitute “ council within whose district the land is situated ”.N.I.
Commencement Information
I83Sch. 6 para. 42 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I84Sch. 6 para. 42 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
43 In Article 15(4), for “Department”, where that word occurs for the second and third times, substitute “ council ”.N.I.
Commencement Information
I85Sch. 6 para. 43 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I86Sch. 6 para. 43 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
44 In Article 15(4), (5), (7) and (8) and in Article 16, for “Department of the Environment” substitute “ council ”.N.I.
Commencement Information
I87Sch. 6 para. 44 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I88Sch. 6 para. 44 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
45 In Article 17, for paragraph (2) substitute—N.I.
“(2) Regulations under paragraph (1) may include provisions—
(a)as to the manner in which notices of appeals are to be given and the time for giving any such notice; and
(b)requiring councils to furnish the Department of the Environment and such other persons (if any) as may be prescribed by the regulations, with such information as may be so prescribed with respect to applications under Article 15.””
Commencement Information
I89Sch. 6 para. 45 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I90Sch. 6 para. 45 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
46 In Schedule 2, in paragraph 3 for “Article 11 of the Planning (Northern Ireland) Order 1991” substitute “ section 23 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I91Sch. 6 para. 46 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I92Sch. 6 para. 46 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
47 In Article 2(2)—N.I.
(a)in the definition of “development” for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”;
(b)in the definition of “planning permission” for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I93Sch. 6 para. 47 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I94Sch. 6 para. 47 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
48 In Article 8(3)—N.I.
(a)for “development plan” substitute “ local development plan ”;
(b)for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I95Sch. 6 para. 48 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I96Sch. 6 para. 48 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
49 In Article 2(2), in the definition of “planning permission”, for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I97Sch. 6 para. 49 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I98Sch. 6 para. 49 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
50 In Article 18(9) for “Article 67 of the Planning (Northern Ireland) Order 1991” substitute “ section 130 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I99Sch. 6 para. 50 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I100Sch. 6 para. 50 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
51 For Article 18(11) substitute—N.I.
“(11) This Article and Article 19 are without prejudice to sections 130 and 175 of the Planning Act (Northern Ireland) 2011 (control of advertisements) and to any regulations made under that Act by virtue of those sections.”.
Commencement Information
I101Sch. 6 para. 51 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I102Sch. 6 para. 51 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
52 In Schedule 1, in paragraph 17(a) for the definition of “educational institution” substitute—N.I.
““educational institution” means any of the following—
(a)a university;
(b)a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
(c)a college of education or other establishment for the training of teachers maintained in pursuance of Article 66 of that Order or in respect of which grants are paid under that Article; or
(d)an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 or an institution providing further education in respect of which grants are paid under Article 5(1)(b) of that Order.”.
Commencement Information
I103Sch. 6 para. 52 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I104Sch. 6 para. 52 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
53 In Article 16 for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I105Sch. 6 para. 53 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I106Sch. 6 para. 53 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
54 In Article 29—N.I.
(a)in paragraph (2), for “Articles 64 to 66 of the Planning Order” substitute “ sections 181 to 183 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph (3), for “Part 12 of the Planning Order” substitute “ Part 11 of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I107Sch. 6 para. 54 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I108Sch. 6 para. 54 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
55 In Article 2 (interpretation)—N.I.
(a)for paragraph (2) substitute—
“(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.”;
(b)for paragraph (2A) substitute—
“(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.”.
Commencement Information
I109Sch. 6 para. 55 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I110Sch. 6 para. 55 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
56 After Article 85 (development schemes) insert—N.I.
85A The Department may undertake, or cause to be undertaken, such surveys or studies as it may consider necessary for the purposes of this Part, including surveys or studies relating to any of the following matters—
(a)the physical and economic characteristics of any area, including the purposes for which land is used;
(b)the size, composition and distribution of the population of an area;
(c)the communications, transport system and traffic of an area;
(d)any changes in relation to the foregoing matters and the effect which the changes are likely to have on the development of Northern Ireland or any part thereof or the planning of that development.”.
Commencement Information
I111Sch. 6 para. 56 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I112Sch. 6 para. 56 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
57 In Article 93, for “development plan” substitute “ local development plan ”.N.I.
Commencement Information
I113Sch. 6 para. 57 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I114Sch. 6 para. 57 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
58 In Article 125A (information as to estates in Crown land), in paragraph (4)(b) for “as to any of the matters mentioned in Article 123A(3)” substitute “ as to national security or the measures taken or to be taken to ensure the security of any premises or property ”.N.I.
Commencement Information
I115Sch. 6 para. 58 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I116Sch. 6 para. 58 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
59 In Article 65(1)(b) for “Articles 20 to 24 of the Planning (Northern Ireland) Order 1991” substitute “ sections 40 to 44 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I117Sch. 6 para. 59 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I118Sch. 6 para. 59 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
60 In Schedule 3 in paragraph 2(2)(b) for “Part IV of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I119Sch. 6 para. 60 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I120Sch. 6 para. 60 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
61 In Schedule 4 in paragraph 1(1) in the definition of “planning permission” for “Part IV of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I121Sch. 6 para. 61 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I122Sch. 6 para. 61 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
62 In Schedule 4 in paragraph 15(5) in the definition of “statutory undertakers” for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I123Sch. 6 para. 62 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I124Sch. 6 para. 62 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
63 In Schedule 8—N.I.
(a)in paragraph 1A(5)(b) for “Article 111(5) of the Planning (Northern Ireland) Order 1991” substitute “ section 204(5) of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph 3(2)—
(i)for “Planning (Northern Ireland) Order 1991 (except Article 32” substitute “ Planning Act (Northern Ireland) 2011 (except section 58 ”; and
(ii)for “the Department of the Environment on an application under that Order” substitute “ a council on an application under that Act ”;
(c)in paragraph 3(5)—
(i)for “Planning (Northern Ireland) Order 1991 (except Article 57” substitute “ Planning Act (Northern Ireland) 2011 (except section 115 ”; and
(ii)for “the Department of the Environment on an application under that Order” substitute “ a council on an application under that Act ”;
(d)in paragraph 3(6)—
(i)for “Article 124 of the Planning (Northern Ireland) Order 1991” substitute “ Section 242 of the Planning Act (Northern Ireland) 2011 ”; and
(ii)for “that Article” substitute “ that Act ”.
Commencement Information
I125Sch. 6 para. 63 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I126Sch. 6 para. 63 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
64 In Schedule 2 in paragraph 10(3) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I127Sch. 6 para. 64 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I128Sch. 6 para. 64 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
65 In Article 2(2) in the definition of “planning permission” for “Article 25(1) of the Planning Order” substitute “ section 45(1) of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I129Sch. 6 para. 65 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I130Sch. 6 para. 65 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
66 In Article 80(13), in the definition of “development order”, for “the Planning Order” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I131Sch. 6 para. 66 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I132Sch. 6 para. 66 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
67 In Article 87—N.I.
(a)in paragraph (6) for “Article 67 of the Planning Order” substitute “ section 130 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph (8) for “Article 67 of the Planning Order” substitute “ section 130 of the Planning Act (Northern Ireland) 2011 ”;
(c)in paragraph (10) in the definition of “advertisement” for “Article 2(2) of the Planning Order” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I133Sch. 6 para. 67 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I134Sch. 6 para. 67 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
68 In Schedule 8, in Group 6—N.I.
(a)in Note (1)(a)(iii) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”;
(b)in Note (6)(c)(iii) for “Part V of the Planning (Northern Ireland) Order 1991” substitute “ Part 4 of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I135Sch. 6 para. 68 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I136Sch. 6 para. 68 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
69 In Article 14—N.I.
(a)in paragraph (2)(a) for “Part VIII of the Planning (Northern Ireland) Order 1972” substitute “ Part 6 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph (4) for “Part IV of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I137Sch. 6 para. 69 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I138Sch. 6 para. 69 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
70 In Article 15(1)(b)(ii) for “Articles 20 to 22 of the Planning (Northern Ireland) Order 1991” substitute “ sections 40 to 42 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I139Sch. 6 para. 70 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I140Sch. 6 para. 70 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
71 In Schedule 3 in paragraph 3(2) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I141Sch. 6 para. 71 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I142Sch. 6 para. 71 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
72 In Article 2(2) in the definition of “works” for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I143Sch. 6 para. 72 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I144Sch. 6 para. 72 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
73 In Article 9(8)—N.I.
(a)for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”;
(b)for “Article 13(3)(a) of that Order” substitute “ section 32(3)(a) of that Act ”.
Commencement Information
I145Sch. 6 para. 73 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I146Sch. 6 para. 73 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
74 In Article 2(2) in the definition of “the planning appeals commission” for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I147Sch. 6 para. 74 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I148Sch. 6 para. 74 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
75 In Article 47(1)(b) for “Articles 20 to 24 of the Planning (Northern Ireland) Order 1991” substitute “ sections 40 to 44 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I149Sch. 6 para. 75 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I150Sch. 6 para. 75 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
76 In Schedule 2 in paragraph 2(2)(b) for “Part IV of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I151Sch. 6 para. 76 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I152Sch. 6 para. 76 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
77 In Schedule 3 in paragraph 1 in the definition of “planning permission” for “Part IV of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I153Sch. 6 para. 77 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I154Sch. 6 para. 77 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
78 In Schedule 3 in paragraph 14(6) in the definition of “statutory undertakers” for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I155Sch. 6 para. 78 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I156Sch. 6 para. 78 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
79 In Article 12(2) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I157Sch. 6 para. 79 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I158Sch. 6 para. 79 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
80 In Schedule 2 in paragraph 12 for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I159Sch. 6 para. 80 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I160Sch. 6 para. 80 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
81 In Schedule 3 for “Article 110 of the Planning (Northern Ireland) Order 1991” substitute “ section 203 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I161Sch. 6 para. 81 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I162Sch. 6 para. 81 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
82 In Article 84(a) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I163Sch. 6 para. 82 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I164Sch. 6 para. 82 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
83 In Article 2(2) in the definition of “planning permission” for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I165Sch. 6 para. 83 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I166Sch. 6 para. 83 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
84 In Article 35(9)(a) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I167Sch. 6 para. 84 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I168Sch. 6 para. 84 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
85 In Schedule 2—N.I.
(a)in paragraph 1(2) for “paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ subsections (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph 2(5)—
(i)for “Paragraphs (2), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ Subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”;
(ii)for “that Order” substitute “ that Act ”;
(c)in paragraph 3(2) for “paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ subsections (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”.
(d)in paragraph 4(6)—
(i)for “Paragraphs (2), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ Subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”;
(ii)for “that Order” substitute “ that Act ”.
Commencement Information
I169Sch. 6 para. 85 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I170Sch. 6 para. 85 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
86 In Article 8(3) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I171Sch. 6 para. 86 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I172Sch. 6 para. 86 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
87 In Article 31(3) for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I173Sch. 6 para. 87 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I174Sch. 6 para. 87 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
88 In Schedule 2—N.I.
(a)in paragraph 1(2) for “paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ subsection (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph 2(2) for “paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ subsection (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”;
(c)in paragraph 4(2) for “paragraphs (2), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991” substitute “ subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I175Sch. 6 para. 88 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I176Sch. 6 para. 88 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
89 In Schedule 3 in paragraph 1(1)(c) for “Article 40 of the Planning (Northern Ireland) Order 1991” substitute “ section 76 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I177Sch. 6 para. 89 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I178Sch. 6 para. 89 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
90 In Article 2(3) for “the Planning (Northern Ireland) Order 1991” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I179Sch. 6 para. 90 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I180Sch. 6 para. 90 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
91 In Schedule 1 in paragraph 3—N.I.
(a)in sub-paragraph (4) for “by the Planning Appeals Commission under Article 31 of the Planning Order (major planning applications)” substitute “ under section 26 of the Planning Act (developments of regional significance) ”;
(b)in sub-paragraph (6) for “Planning Order” substitute “ Planning Act ”;
(c)in sub-paragraph (8) at the end add “ or other person appointed to hold a public local inquiry under section 26 of the Planning Act ”;
(d)for sub-paragraph (9) substitute—
“(9) In this paragraph, “the Planning Act” means the Planning Act (Northern Ireland) 2011.”.
Commencement Information
I181Sch. 6 para. 91 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I182Sch. 6 para. 91 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
92 In Schedule 6 in paragraph 3(6) for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I183Sch. 6 para. 92 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I184Sch. 6 para. 92 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
93 In section 436(2)(c) for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I185Sch. 6 para. 93 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I186Sch. 6 para. 93 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
94 In Article 34(6)—N.I.
(a)for “development plan” substitute “ local development plan ”;
(b)for “Planning (Northern Ireland) Order 1991” substitute “ Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I187Sch. 6 para. 94 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I188Sch. 6 para. 94 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
95 In Article 38(3)(d) for “the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I189Sch. 6 para. 95 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I190Sch. 6 para. 95 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
96 In Article 46—N.I.
(a)in paragraph (4)(a) for “Part IV of the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”;
(b)in paragraph (7)(a) for “Part IV of the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.
Commencement Information
I191Sch. 6 para. 96 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I192Sch. 6 para. 96 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
97 In Article 25(2) for “Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I193Sch. 6 para. 97 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I194Sch. 6 para. 97 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
98 For section 60(5)(c) substitute—N.I.
“(c)in relation to Northern Ireland, has the same meaning as in the Planning Act (Northern Ireland) 2011 (see section 23 of that Act).”.
Commencement Information
I195Sch. 6 para. 98 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I196Sch. 6 para. 98 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
99 For section 61(2)(c) substitute—N.I.
“(c)in relation to Northern Ireland—
“planning obligation” means a planning agreement within the meaning of section 76 of the Planning Act (Northern Ireland) 2011 that is entered into in accordance with subsection (10) of that section, and
“modification of a planning obligation” means modification as mentioned in section 77(1) of that Act.”.
Commencement Information
I197Sch. 6 para. 99 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I198Sch. 6 para. 99 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
100 In Schedule 2, in paragraph 2—N.I.
(a)for “Article 2(2) of the Planning Order”, in both places where it occurs, substitute “ section 250(1) of the Planning Act ”;
(b)for the definition of “Planning Order” substitute—
““Planning Act” means the Planning Act (Northern Ireland) 2011;”.
Commencement Information
I199Sch. 6 para. 100 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I200Sch. 6 para. 100 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
101 In Article 298(3)(a) for “Article 2(2) of the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I201Sch. 6 para. 101 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I202Sch. 6 para. 101 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
102 In section 70(1)(c) for “the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see Article 2(1) of that Order)” substitute “ the Planning Act (Northern Ireland) 2011 (see section 250 of that Act) ”.N.I.
Commencement Information
I203Sch. 6 para. 102 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I204Sch. 6 para. 102 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
103 In section 5 in the definition of “public body” in sub-paragraph (c) for “the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I205Sch. 6 para. 103 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I206Sch. 6 para. 103 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
104 In section 322(2) in the definition of “statutory undertaker” for paragraph (c) substitute—N.I.
“(c)the Planning Act (Northern Ireland) 2011.”.
Commencement Information
I207Sch. 6 para. 104 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I208Sch. 6 para. 104 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
105 In Article 13(3)(b) for “Article 83A or 83B of the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ section 169 or 170 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I209Sch. 6 para. 105 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I210Sch. 6 para. 105 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
106 In Article 18(7)(b) for “Article 83A or 83B of the Planning (Northern Ireland) Order 1991 (NI 11)” substitute “ section 169 or 170 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I211Sch. 6 para. 106 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I212Sch. 6 para. 106 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
107 In section 15(2)—N.I.
(a)in paragraph (l), after “consent” insert “ of a council or ”;
(b)in paragraph (m), for “Article 66B of the Planning (Northern Ireland) Order 1991 applies” substitute “ section 127 of the Planning Act (Northern Ireland) 2011 applies ”.
Commencement Information
I213Sch. 6 para. 107 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I214Sch. 6 para. 107 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
108 In section 17(1), in the definition of “planning permission”, for “Part 4 of the Planning (Northern Ireland) Order 1991” substitute “ Part 3 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I215Sch. 6 para. 108 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I216Sch. 6 para. 108 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
109 In section 26—N.I.
(a)in subsection (3) for “Article 84(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 175(2) of the Planning Act (Northern Ireland) 2011 ”;
(b)in subsection (10)—
(i)in the definition of “advertisement” for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “ section 250(1) of the Planning Act (Northern Ireland) 2011 ”;
(ii)in the definition of “relevant offence”, for the words from “Article 84(2)” to “that Order)” substitute “ section 175(2) of the Planning Act (Northern Ireland) 2011 (displaying advertisements in contravention of regulations made under section 130 of that Act) ”.
Commencement Information
I217Sch. 6 para. 109 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I218Sch. 6 para. 109 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
110 In section 31(1), for “Article 67 of the Planning (Northern Ireland) Order 1991” substitute “ section 130 of the Planning Act (Northern Ireland) 2011 ”.N.I.
Commencement Information
I219Sch. 6 para. 110 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I220Sch. 6 para. 110 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
111 In section 38, omit subsections (1), (2) and (3).N.I.
Commencement Information
I221Sch. 6 para. 111 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I222Sch. 6 para. 111 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys