Planning Act (Northern Ireland) 2011

Issue of certificate that building is not intended to be listed N.I.

84—(1) Where—

(a) an application has been made for planning permission for any development involving the alteration, extension or demolition of a building; or

(b) any such planning permission has been granted,

the issue by the Department, on the application of any person, of a certificate stating that it does not intend to list the building shall—

(i) preclude the Department, for a period of 5 years from the date of issue of the certificate, from exercising in relation to that building any of the powers conferred on it by section 80; and

(ii) preclude a council for that period from issuing a building preservation notice in relation to it.

(2) An application for the issue of a certificate under subsection (1) must be made to the Department in writing and section 42 shall apply, with the appropriate modifications, in relation to an application for the issue of a certificate under subsection (1) as it applies in relation to an application for planning permission.

(3) Before issuing any certificate under subsection (1), the Department must consult with the Historic Buildings Council and the council for the district in which the building is situated.

Modifications etc. (not altering text)

C1 Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

C2 Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C3 Ss. 80-84: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))

Commencement Information

I1 S. 84 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 84 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)