The Planning (Northern Ireland) Order 1991

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. 2A. Service of Notices and Documents

3. PART II FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND

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

   2. 3A. Statement of community involvement

4. PART III DEVELOPMENT PLANS

   1. 4. Development plans

   2. 5. Publicity and consultation

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

   4. 7. Inquiries relating to development plans

   5. 8. Adoption by Department

   6. 9. Incorporation in development plans of certain orders and schemes

   7. 10. Regulations as to development plans

   8. 10A. Sustainable development

5. PART IV PLANNING CONTROL

   1. “Development” and requirement of planning permission

      1. 11. Meaning of “development”

      2. 12. Development requiring planning permission

   2. Development orders

      1. 13. Development orders

   3. Simplified planning zone schemes

      1. 14. Simplified planning zones

      2. 15. Simplified planning zone schemes: conditions and limitations on planning permission

      3. 16. Duration of simplified planning zone scheme

      4. 17. Alteration of simplified planning zone scheme

      5. 18. Exclusion of certain descriptions of land

   4. Grant of planning permission in enterprise zones

      1. 19. Grant of planning permission in enterprise zones

   5. Planning applications

      1. 20. Form and content of applications

      2. 21. Publication of notices of applications

      3. 22. Notification of applications to certain persons

      4. 23. Notice requiring planning application

      5. 24. Appeal against notice under Article 23

   6. Determination of planning applications

      1. 25. Determination of planning applications

      2. 25A. Power to decline to determine subsequent application

      3. 25AA. Power to decline to determine overlapping application

      4. 25B. Assessment of environmental effects

      5. 26. Duty to draw attention to certain provisions for benefit of disabled

      6. 27. Conditional grant of planning permission

      7. 27A. Power to impose aftercare conditions on grant of mineral planning permission

      8. 28. Permission to develop land without compliance with conditions previously attached

      9. 28A. Planning permission for development already carried out

      10. Art. 29 rep. by 2003 NI 8

      11. 30. Effect of planning permission

      12. 31. Special procedure for major planning applications

   7. Appeals

      1. 32. Appeals

      2. 33. Appeal in default of planning decision

   8. Duration of planning permission

      1. 34. Duration of planning permission

      2. 35. Duration of outline planning permission

      3. 36. Provisions supplementary to Articles 34 and 35

      4. 37. Termination of planning permission by reference to time limit

   9. Revocation or modification of planning permission

      1. 38. Revocation or modification of planning permission

   10. Additional powers of control

       1. 39. Orders requiring discontinuance of use or alteration or removal of buildings or works

       2. 40. Planning agreements

       3. 40A. Modification and discharge of planning agreements

       4. 40B. Appeals

       5. Art. 41 rep. by 2003 NI 8

6. PART V ADDITIONAL PLANNING CONTROL

   1. Buildings of special architectural or historic interest

      1. 42. Lists of buildings of special architectural or historic interest

      2. 42A. Temporary listing: building preservation notices

      3. 42B. Temporary listing in urgent cases

      4. 42C. Lapse of building preservation notices

      5. 43. Issue of certificate that building is not intended to be listed

      6. 44. Control of works for demolition, alteration or extension of listed buildings

      7. 45. Provisions supplementary to Article 44

      8. 46. Duration of listed building consent

      9. 47. Revocation or modification of listed building consent

      10. 48. Applications to determine whether listed building consent required

      11. 49. Acts causing or likely to result in damage to listed buildings

   2. Areas of special architectural or historic interest

      1. 50. Conservation areas

      2. 51. Control of demolition in conservation areas

      3. 52. Grants in relation to conservation areas

   3. Hazardous substances

      1. 53. Requirement of hazardous substances consent

      2. 54. Applications for hazardous substances consent

      3. 55. Determination of applications for hazardous substances consent

      4. 56. Special procedure for major applications

      5. 57. Appeals

      6. 58. Grant of hazardous substances consent without compliance with conditions previously attached

      7. 59. Revocation or modification of hazardous substances consent

      8. 60. Effect of hazardous substances consent and change of control of land

      9. 61. Offences

      10. 62. Emergencies

      11. 63. Health and safety requirements

      12. 63A. Review of mineral planning permissions

   4. Trees

      1. 64. Duty of Department in relation to trees

      2. 65. Tree preservation orders

      3. 65A. Provisional tree preservation orders

      4. 65B. Replacement of trees

      5. 66. Penalties for contravention of tree preservation orders

      6. 66A. Preservation of trees in conservation areas

      7. 66B. Power to disapply Article 66A

   5. Advertisements

      1. 67. Control of advertisements

7. PART VI ENFORCEMENT

   1. Introductory

      1. 67A. Expressions used in connection with enforcement

      2. 67B. Time limits

   2. Planning contravention notices

      1. 67C. Power to require information about activities on land

      2. 67D. Penalties for non-compliance with planning contravention notice

   3. Temporary stop notices

      1. 67E. Temporary stop notice

      2. 67F. Temporary stop notice: restrictions

      3. 67G. Temporary stop notice: offences

   4. Enforcement notices

      1. 68. Issue of enforcement notice

      2. 68A. Contents and effect of enforcement notice

      3. 68B. Variation and withdrawal of enforcement notices

      4. 69. Appeal against enforcement notice

      5. 70. Appeal against enforcement notice-general supplementary provisions

      6. 71. Appeal against enforcement notice – supplementary provisions relating to planning permission

      7. 72. Offence where enforcement notice not complied with

      8. 73. Power to stop further development pending proceedings on enforcement notice

      9. 74. Execution and cost of works required by enforcement notice

      10. 75. Effect of planning permission, etc., on enforcement or breach of condition notice

      11. 76. Enforcement notice to have effect against subsequent development

   5. Breach of condition

      1. 76A. Enforcement of conditions

   6. Injunctions

      1. 76B. Injunctions

   7. Listed buildings

      1. 77. Listed building enforcement notices

      2. 78. Appeal against listed building enforcement notice

      3. 79. Effect of listed building consent on listed building enforcement notice

      4. 80. Urgent works to preserve building

   8. Hazardous substances

      1. 81. Hazardous substances contravention notice

      2. 81A. Variation of hazardous substances contravention notices

   9. Trees

      1. 82. Enforcement of duties as to replacement of trees

      2. 82A. Appeals against Article 82 notices

      3. 82B. Execution and cost of works required by Article 82 notice

      4. 82C. Enforcement of controls as respects trees in conservation areas

   10. Discontinuance orders

       1. 83. Enforcement of orders under Article 39

   11. Certificate of lawful use or development

       1. 83A. Certificate of lawfulness of existing use or development

       2. 83B. Certificate of lawfulness of proposed use or development

       3. 83C. Certificates under Articles 83A and 83B: supplementary provisions

       4. 83D. Offences

       5. 83E. Appeals against refusal or failure to give decision on application

       6. 83F. Further provisions as to appeals under Article 83E

   12. Advertisements

       1. 84. Enforcement of advertisement control

   13. Rights of entry for enforcement purposes

       1. 84A. Rights to enter without warrant

       2. 84B. Right to enter under warrant

       3. 84C. Rights of entry: supplementary provisions

       4. 84D. Rights of entry for enforcement purposes: Crown land

8. PART VII DEVELOPMENT SCHEMES AND ACQUISITION OF LAND

   1. Development schemes

      1. 85. Development schemes

      2. 86. Adoption of development schemes

   2. Acquisition of land, etc.

      1. 87. Acquisition of land for planning purposes

      2. 88. Compensation where unfit houses are acquired under this Part

      3. 89. Appropriation of land held for planning purposes

      4. 90. Disposal of land held for planning purposes

      5. 91. Development of land held for planning purposes

      6. 91A. Powers of Department before the acquisition of land for planning purposes

      7. 92. Recovery of possession of premises let by Department

      8. 93. Supplementary provisions

9. PART VIII PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS

   1. 94. Service of purchase notice

   2. 94A. Purchase notices: Crown land

   3. 95. Action by Department following service of purchase notice

   4. 96. Further ground of objection to purchase notice

   5. 97. Reference of counter-notices to Lands Tribunal

   6. 98. Effect of valid purchase notice

   7. 99. Special provision as to compensation under this Part

10. PART IX ROADS

    1. 100. Orders extinguishing right to use vehicle on road

    2. 101. Provision of amenity for road reserved to predestrians

    3. 102. Extinguishment of public rights of way

    4. 103. Procedure for making orders under Article 100 or 102

    5. 104. Electronic communications apparatus

11. PART X FURTHER PROVISIONS AS TO HISTORIC BUILDINGS

    1. 105. Historic Buildings Council

    2. 106. Grants and loans for preservation or acquisition of listed buildings

    3. 107. Acquisition of listed buildings by agreement

    4. 108. Acceptance by Department of endowments in respect of listed buildings

    5. 109. Compulsory acquisition of listed buildings

12. PART Xl THE PLANNING APPEALS COMMISSION

    1. 110. The Planning Appeals Commission

    2. 111. Procedure of appeals commission

13. PART XII APPLICATION OF ORDER TO SPECIAL CASES

    1. Minerals

       1. 112. Minerals

    2. Crown land

       1. 112A. Application to the Crown

       2. 112B. Enforcement in relation to the Crown

       3. 112C. References to an estate in land

       4. 112D. Applications for planning permission, etc. by Crown

       5. 112E. Service of notices on the Crown

       6. 113. Application to Crown land

       7. 114. Application for planning permission, etc. in anticipation of disposal of Crown land

       8. 115. Tree preservation orders in anticipation of disposal of Crown land

       9. 116. Control of development on Crown land

       10. 117. Requirement of planning permission for continuance of use instituted by Crown

       11. 118. Interpretation of Part XII

14. PART Xlll MISCELLANEOUS AND SUPPLEMENTARY

    1. 119. Grants for research and bursaries

    2. 120. Grants to bodies providing assistance in relation to certain development proposals

    3. 121. Rights of entry

    4. 122. Supplementary provisions as to powers of entry

    5. 122A. Supplementary provisions as to powers of entry: Crown land

    6. 123. Local inquiries

    7. 123A. Inquiries to be held in public subject to certain exceptions

    8. 123B. National security

    9. 124. Planning register

    10. 125. Information as to estates in land

    11. 125A. Information as to estates in Crown land

    12. 126. Power to appoint advisory bodies or committees

    13. 127. Fees and charges

    14. 128. Time limit for certain summary offences under this Order

    15. 129. Regulations and orders

    16. 130. Financial provision

    17. 131. Registration of matters in Statutory Charges Register

    18. 132. Transitional provisions

    19. Article 133—Amendments and repeals

15. SCHEDULES

    1. SCHEDULE 1

       LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS

       1. Form and content of applications

       2. 1. (1) Any application to the Department for listed building consent— (a) shall be made in...

       3. Publication of notices of applications

       4. 2. Where an application for listed building consent is made to the Department, it— (a) shall...

       5. Notification of applications to certain persons

       6. 3. (1) Article 22 shall, with appropriate modifications, apply to applications for listed building consent in...

       7. Determination of application

       8. 4. (1) In determining any application for listed building consent, the Department shall take into account...

       9. Power to decline to determine application

          1. Power to decline to determine subsequent application

          2. 4A. (1) The Department may decline to determine an application for a relevant consent if— (a)...

          3. Power to decline to determine overlapping application

          4. 4B. (1) The Department may decline to determine an application for a relevant consent which is...

       10. Consent to execute works without compliance with conditions previously attached

       11. 5. (1) This paragraph applies to applications for listed building consent for the execution of works...

       12. Effect of listed building consent

       13. 6. Without prejudice to Articles 46 and 47, any grant of listed building consent shall (except...

       14. Appeals

       15. 7. (1) Where an application is made to the Department— (a) for listed building consent; or...

       16. Appeal in default of planning decision

       17. 8. Where any such application as is mentioned in paragraph 7(1) is made to the Department,...

    2. SCHEDULE 1A

       REVIEW OF OLD MINERAL PLANNING PERMISSIONS

       1. Interpretation

          1. 1. . . . . . . . . . . . . . . ....

       2. Phase I and II sites

          1. 2. . . . . . . . . . . . . . . ....

       3. The “first list”

          1. 3. . . . . . . . . . . . . . . ....

       4. The “second list”

          1. 4. . . . . . . . . . . . . . . ....

       5. Advertisement of the first and second lists

          1. 5. . . . . . . . . . . . . . . ....

       6. Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications

          1. 6. . . . . . . . . . . . . . . ....

       7. 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

          1. 7. . . . . . . . . . . . . . . ....

       8. Service on owners etc. of notice of preparation of the first and second lists

          1. 8. . . . . . . . . . . . . . . ....

       9. Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed

          1. 9. . . . . . . . . . . . . . . ....

       10. Notice of determination of conditions to be accompanied by additional information in certain cases

           1. 10. . . . . . . . . . . . . . . ....

       11. Right to appeal against Department's determination of conditions etc.

           1. 11. . . . . . . . . . . . . . . ....

       12. Permissions ceasing to have effect

           1. 12. . . . . . . . . . . . . . . ....

       13. Special procedure for major applications under paragraph 9

           1. 13. . . . . . . . . . . . . . . ....

       14. Two or more applicants

           1. 14. . . . . . . . . . . . . . . ....

       15. Compensation

           1. 15. . . . . . . . . . . . . . . ....

       16. Appeals: general procedural provisions

           1. 16. . . . . . . . . . . . . . . ....

    3. SCHEDULE 1B

       PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS

       1. Duty to carry out periodic reviews

          1. 1. . . . . . . . . . . . . . . ....

       2. Interpretation

          1. 2. . . . . . . . . . . . . . . ....

       3. The first review date

          1. 3. . . . . . . . . . . . . . . ....

          2. 4. . . . . . . . . . . . . . . ....

       4. Service of notice of first periodic review

          1. 5. . . . . . . . . . . . . . . ....

       5. Application for postponement of the first review date

          1. 6. . . . . . . . . . . . . . . ....

       6. Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject

          1. 7. . . . . . . . . . . . . . . ....

       7. Permissions ceasing to have effect

          1. 8. . . . . . . . . . . . . . . ....

       8. Appeals

          1. 9. . . . . . . . . . . . . . . ....

       9. Special procedure for major applications under paragraph 7

          1. 10. . . . . . . . . . . . . . . ....

       10. Time from which conditions determined under this Schedule are to take effect

           1. 11. . . . . . . . . . . . . . . ....

       11. Two or more applicants

           1. 12. . . . . . . . . . . . . . . ....

       12. Second and subsequent periodic reviews

           1. 13. . . . . . . . . . . . . . . ....

       13. Compensation

           1. 14. . . . . . . . . . . . . . . ....

    4. SCHEDULE 2

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 87(3)

       1. 1. References to the Ministry or to the council shall be construed as references to the...

       2. 2. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...

       3. 3. Omit paragraph 1 of that Schedule.

       4. 4. In paragraph 2 of that Schedule— (a) for the words “Notice of the application” substitute...

       5. 5. In paragraph 3(1)(b) after the word “held” insert the words “ by the planning appeals...

       6. 6. In paragraph 4 omit the words from “and may provide” onwards.

       7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) omit the words “in the prescribed form and...

       8. 8. in paragraph 6(2) for the words “fund out of which the expenses of the council...

       9. 9. In paragraph 11(3) omit the words “in the prescribed form”.

       10. 10. In paragraph 12— (a) in sub-paragraph (1) omit the words “such” and “as may be...

       11. 11. In paragraph 14(1) omit the words “in the prescribed form”.

       12. 12. In paragraph 15(1) for the words “in the prescribed form” substitute the words “ in...

       13. 13. Omit paragraph 19.

       14. 14. Omit paragraph 20(2).

    5. SCHEDULE 3

       THE HISTORIC BUILDINGS COUNCIL

       1. 1. The Council shall consist of a Chairman appointed by the Head of the Department and...

       2. 2. A member of the Council shall hold office for a maximum period of three years...

       3. 3. The Department may pay to the Chairman and members of the Council allowances for travelling...

       4. 4. (1) The Council shall, subject to sub-paragraph (4), appoint such committees as the Department may...

       5. 5. The Council may regulate its own quorum and procedure and that of its committees which...

       6. 6. The Council shall, at such times and in respect of such periods as the Department...

       7. 7. The secretary to the Council shall be such person as the Department may appoint.

    6. SCHEDULE 4

       TRANSITIONAL PROVISIONS

       1. 1. Where by virtue of paragraph (1) of Article 12 of the Amendment Order an object...

       2. 2. Any daily fine mentioned in this Order shall apply to every day after the coming...

       3. 3. Article 23 shall not apply in relation to any development which was begun before the...

       4. 4. . . . . . . . . . . . . . . ....

       5. 5. The right of appeal under Articles 69 and 78 conferred on a person mentioned in...

       6. 6. Article 116 shall apply to any development carried out after the day on which the...

       7. 7. In this Schedule “the Amendment Order” means the Planning and Building Regulations (Amendment) (Northern Ireland)...

    7. Schedule 5—Amendments;

    8. Schedule 6—Repeals