The Planning (General Permitted Development) Order (Northern Ireland) 2015

Directions restricting permitted development under Part 16 N.I.

7.—(1) If, on receipt of a notification from any person that they propose to carry out development within Part 16 of the Schedule, a council is satisfied as mentioned in paragraph (2), it may, within a period of [F1 28] days beginning with the receipt of the notification, direct that the permission granted by Article 3 shall not apply to the development, or to such part of the development as is specified in the direction.

(2) The council may make a direction under this Article if it is satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—

(a) the development is to be carried out on land which is within or affects—

(i) a conservation area;

(ii) a National Park;

(iii) a nature reserve;

(iv) an area of outstanding natural beauty;

(v) an area of special scientific interest; or

(vi) a site of archaeological interest;

(b) the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Part 16, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a listed building;

(c) the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d) the development would endanger aircraft using a nearby airport.

(3) As soon as reasonably practicable a copy of a direction under this Article shall be sent by the council to the Department and to the person who gave notice of the proposal to carry out development.

(4) A direction made under this Article shall contain a statement as to the date on which, if it is not disallowed under paragraph (5), it will come into force, which shall be 29 days from the date on which notice of it is sent to the Department in accordance with paragraph (3).

(5) The Department may, at any time within a period of 28 days beginning on the day on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Department that they have disallowed the direction, the council shall give notice in writing to the person who gave notice of the proposal that the person is authorised to proceed with the development.

(6) Any direction made by a council in accordance with this Article may be cancelled by a subsequent direction made by the council and the foregoing Article shall apply to the making of such cancelling direction in the same way as it would apply to the making of the direction being revoked.

Textual Amendments

F1 Word in art. 7(1) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(2)