The Planning (Northern Ireland) Order 1991

PART XII N.I. APPLICATION OF ORDER TO SPECIAL CASES

Minerals N.I.

Minerals N.I.

112.—(1) This Order shall apply to development consisting of the winning and working of minerals subject to the adaptations and modifications specified in paragraph (2).

(2) For the purposes of this Order “use” in relation to the development of land does not include the use of land by the carrying out of mining operations, so, however, that—

(a) Article 11(3) shall apply in relation to the deposit of refuse or waste materials in the course of mining operations; and

(b) in the following provisions—

(i) Article 27(1)(b);

(ii) Article[F1 12];

(iii) Article 38(4);

(iv) Article 39[F1 or 40];

(v) Articles[F1 67C, 68A(4), 71, 76A] and 76;

(vi) Article 83,[F1 83A or 83B,]

references to the use of land or the purpose for which land may be used shall include the carrying out of mining operations and references to the continuance or discontinuance of a use of land shall include the continuance or discontinuance of mining operations.

F1 2003 NI 8

Crown land N.I.

[F2 Application to the Crown N.I.

112A.— (1) This Order (except Articles 74, 76B, 80 and 82B) binds the Crown.

(2) But paragraph (1) is subject to express provision made by the following provisions of this Part.

F2 Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Enforcement in relation to the Crown N.I.

112B.— (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Order.

(2) But paragraph (1) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in Article 44(7)(a) to (d).

(3) The Department shall not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(4) The appropriate authority may give consent under paragraph (3) subject to such conditions as it thinks appropriate.

(5) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Order.

(6) A step taken for the purposes of enforcement includes—

(a) entering land;

(b) bringing proceedings;

(c) the making of an application.

(7) A step taken for the purposes of enforcement does not include—

(a) service of a notice;

(b) the making of an order (other than by a court).

F2 Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

References to an estate in land N.I.

112C.— (1) Paragraph (2) applies to the extent that an estate in land is a Crown estate.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the estate in land shall be done by or in relation to the appropriate authority.

(3) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this Article as having an estate in that land.

F2 Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Applications for planning permission, etc. by Crown N.I.

112D.— (1) This Article applies to an application for—

(a) planning permission, listed building consent, hazardous substances consent or conservation area consent; or

(b) a determination under Article 48 or a certificate under Article 83B.

(2) The Department may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

F2 Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Service of notices on the Crown N.I.

112E.— (1) Any notice or other document required under this Order to be served on the Crown shall be served on the appropriate authority.

(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) does not apply for the purposes of the service of such a notice or document.

(3) “Appropriate authority” shall be construed in accordance with Article 118(1).]

F2 Arts. 112A-112E inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(1)

Application to Crown land N.I.

113.  F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 Art. 113 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 8, Sch. 5

Application for planning permission, etc. in anticipation of disposal of Crown land N.I.

114.  F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 Art. 114 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 8, Sch. 5

Tree preservation orders in anticipation of disposal of Crown land N.I.

115.  F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 Art. 115 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 9(1), Sch. 5 (with Sch. 1 para. 9(2))

Control of development on Crown land N.I.

116.  F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 Art. 116 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 10(1), Sch. 5 (with Sch. 1 para. 10(2)

Requirement of planning permission for continuance of use instituted by Crown N.I.

117.  F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 Art. 117 repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 11(1), Sch. 5 (with Sch. 1 para. 11(2))

Interpretation of Part XII N.I.

118.—(1) In this Part—

• “the appropriate authority”, in relation to any land, means—

  (a)

  in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

  (b)

  in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;

  (c)

  in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that government department;

• “conservation area consent” means consent under Article 51;

• [F8 “Crown estate” means any of the following—

  (a)

  an estate belonging to Her Majesty in right of the Crown;

  (b)

  an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

  (c)

  such other estate as the Department may specify by order subject to affirmative resolution;]

• “Crown land” means land in which there is a Crown estate;

• “government department” means a department of the Government of the United Kingdom or a Northern Ireland department;

• “private estate” means an estate which is not a Crown estate.

[F9 (1A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no estate a reference to the appropriate authority must be construed as a reference to the person who makes the application.]

(2) In this Part references to the disposal of an estate in Crown land include references to the grant of an estate in such land.

(3) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Art. 118(1): definition of "Crown estate" substituted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 12(2)

F9 Art. 118(1A) inserted (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), Sch. 1 para. 12(3)

F10 Art. 118(3) repealed (10.6.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(4), 21(3), 28(2), Sch. 1 para. 12(4), Sch. 5