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

Notice etc. of applications for planning permission and appeals N.I.

8.—(1) Subject to Article 3, where an application for planning permission is made to the council or, as the case may be, the Department, the council or, as the case may be, the Department shall—

(a) publish notice of the application in at least one newspaper circulating in the locality in which the land to which the application relates is situated;

(b) serve notice of the application to any identified occupier on neighbouring land in accordance with paragraph (2);

(c) where it maintains a website for the purpose of advertisement of applications, publish the notice on that website; and

(d) not determine the application before the expiration of 14 days from the date—

(i) on which the notice is first published in a newspaper in pursuance of sub-paragraph (a),

(ii) stipulated on the notice to any identified occupier issued under sub-paragraph (b), or

(iii) on which the application is first published on the website in pursuance of sub-paragraph (c),

whichever date is the later or latest.

(2) The notice to be given in accordance with paragraph (1)(b) must—

(a) state the date on which the notice is sent;

(b) include the reference number given to the application by the council, or as the case may be, the Department;

(c) include a description of the development to which the application relates;

(d) include the postal address of the land to which the development relates, or if the land in question has no postal address, a description of the location of the land;

(e) state how the application, plans or drawings relating to it and other documents submitted in connection with it may be inspected;

(f) state that representations may be made to the council or, as the case may be, the Department and include information as to how any representations may be made and by what date they must be made (being a date not earlier than 14 days after the date on which the notice is sent);

(g) include a statement as to how information explaining the manner in which applications for planning permission are handled and the procedures which are followed in relation to such applications can be obtained; and

(h) where the development to which the application relates is a class of development prescribed for the purposes of section 27 (pre-application community consultation) of the 2011 Act, include a statement that notwithstanding that comments may have been made to the applicant prior to the application being made, persons wishing to make representations in respect of the application should do so to the council or, as the case may be, the Department in the manner indicated in the notice.

(3) Where an appeal is made to the planning appeals commission under sections 58 or 60 paragraph (1) shall apply as if—

(a) for the words “Subject to Article 3, where an application for planning permission is made to the council or, as the case may be, the Department, the council or, as the case may be, the Department” there were substituted “ Where an appeal is made to the planning appeals commission under sections 58 or 60 it ”; and,

(b) for the word “application” where it occurs in paragraph (1)(a),(c) and (d)(i) and (iii) there were substituted “ appeal ”; and,

(c) sub-paragraphs (b) and (d)(ii) were omitted.

(4) When an appeal is made to the planning appeals commission under sections 143 and 159—

(a) paragraph (1) shall apply as if—

(i) for the words “Subject to Article 3, where an application for planning permission is made to the council or, as the case may be, the Department, the council or, as the case may be, the Department” there were substituted “ Where an appeal is made to the planning appeals commission under section 143 or 159 it ”,

(ii) for the word “application” where it occurs in paragraph (1)(a), (b) (c) and (d)(i), (ii) and (iii) there were substituted “ appeal ”; and

(b) paragraph (2)(a) to (f) shall apply as if—

(i) for the words “council or as the case may be, the Department” where they occur in each sub-paragraph there were substituted “ the planning appeals commission ”; and

(ii) sub-paragraphs (g) and (h) were omitted.

(5) For the purposes of enabling the planning appeals commission to comply with paragraph (1)(b) and (d)(ii) the council, or as the case may be, the Department, shall provide the planning appeals commission with a list of identified occupiers on any neighbouring land.