The Planning (Electronic Communications) Order (Northern Ireland) 2006

Article 13

SCHEDULE 8 Amendment of the Planning (Trees) Regulations (Northern Ireland) 2003

1.—(1) Regulation 1 (citation, commencement and interpretation) shall be amended as follows.

(2) In paragraph (2), before the definition of “land affected by the order”, there shall be inserted the following definition—

““electronic communication” has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001.”.

(3) After paragraph (2) there shall be inserted—

“(3) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out—

(a) the expression “address” includes any number or address used for the purpose of such communications;

(b) references to notices, applications or other documents or to copies of such things include references to such documents or copies of them in electronic form.

(4) Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, map, notice or other document to any other person (“the recipient”).

(5) The requirement shall be taken to be fulfilled where the form, map, notice or other document transmitted by means of electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(6) In paragraph (5), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(7) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or a public holiday.

(8) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (5).”.

2.  After regulation 9 (trees in conservation areas - exemptions), there shall be inserted—

“Use of electronic communications

9A.— (1) Paragraph (2) applies where a person uses electronic communications for any of the following purposes—

(a) making objections and representations under regulation 4;

(b) applying for consent to cut down, top, lop or uproot trees in accordance with paragraph 1 of the Second Schedule;

(c) serving notice of appeal on the Planning Appeals Commission against the refusal of consent or the granting of consent subject to conditions under paragraph 3 of the Second Schedule or serving notice of appeal in default of decision under paragraph 4 of that Schedule;

(d) serving a claim for compensation on the Department under paragraph 9 of the Second Schedule.

(2) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the objection and representation, application, appeal or claim shall be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to the objection and representation, application, appeal or claim (as the case may be) which are capable of being effected using such communications;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the objection and representation, application or claim;

(c) that the person’s deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by him in the notice but not less than seven days after the date on which the notice is given.

(3) In this regulation “the Second Schedule” means the Second Schedule of the Schedule (form of tree preservation order).”.