The Planning(Northern Ireland) Order 1991

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

114.—(1) This Article has effect for the purpose of enabling Crown land, or an estate in Crown land, to be disposed of with the benefit of—

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

(b) a determination under Article 41 or 48.

(2) Notwithstanding the estate of the Crown in the land in question, an application for any such permission, consent or determination as is mentioned in paragraph (1) may be made—

(a) in the case of land—

(i) belonging to Her Majesty in right of the Crown and under the management of a Northern Ireland department; or

(ii) belonging to a Northern Ireland department or held in trust for Her Majesty for the purposes of a Northern Ireland department,

by the Commissioner of Valuation for Northern Ireland or by a person authorised by that department in writing;

(b) in any other case, by the appropriate authority or a person authorised by that authority in writing;

and, subject to paragraphs (3) to (6), all the statutory provisions relating to the making and determination of any such application shall accordingly apply as if the land were not Crown land.

(3) Any planning permission granted by virtue of this Article shall apply only—

(a) to development carried out after the land in question has ceased to be Crown land; and

(b) so long as that land continues to be Crown land, to development carried out by virtue of a private estate in the land;

and any listed building consent or conservation area consent granted by virtue of this Article shall apply only to works carried out as aforesaid.

(4) Any hazardous substances consent granted by virtue of this Article shall apply only—

(a) to the presence of the substance to which the consent relates after the land in question has ceased to be Crown land; and

(b) so long as that land continues to be Crown land, to the presence of the substance by virtue of a private estate in the land.

(5) In relation to any application made by virtue of this Article for a determination under Article 41, that Article shall have effect as if for any reference to an application for planning permission being, or not being, required there were substituted a reference to such an application being, or not being, required in the event of the proposed operations or change of use being carried out or made otherwise than by or on behalf of the Crown.

(6) The Department may by regulations—

(a) modify or exclude any of the statutory provisions referred to in paragraph (2) in their application by virtue of that paragraph and any other statutory provisions in their application to permissions, consents or determinations granted or made by virtue of this Article;

(b) make such other provision in relation to the making and determination of applications by virtue of this Article as it thinks necessary or expedient.

(7) This Article shall not be construed as affecting any right to apply for any such permission, consent or determination as is mentioned in paragraph (1) in respect of Crown land in a case in which such an application can be made by virtue of a private estate in the land.