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The Planning (Northern Ireland) Order 1991, Cross Heading: Introductory is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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67A.—(1) For the purposes of this Order—
(a)carrying out development without the planning permission required; or
(b)failing to comply with any condition or limitation subject to which planning permission has been granted,
constitutes a breach of planning control.
(2) For the purposes of this Order—
(a)the issue of an enforcement notice; or
(b)the service of a breach of condition notice,
constitutes taking enforcement action.
67B.—(1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of [F25] years beginning with the date on which the operations were substantially completed.
(2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwelling-house, no enforcement action may be taken after the end of the period of [F35] years beginning with the date of the breach.
(3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of [F45] years beginning with the date of the breach.
(4) The preceding paragraphs do not prevent—
(a)the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or
(b)taking further enforcement action in respect of any breach of planning control if, during the period of [F55] years ending with that action being taken, the Department has taken or purported to take enforcement action in respect of that breach.]
F2Word in art. 67B(1) substituted (1.12.2011) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 248(3)(a), 254(1) (with s. 211 and S.R. 2011/387, art. 2(2)(6)(7)); S.R. 2011/386, art. 2
F3Word in art. 67B(2) substituted (1.12.2011) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 248(3)(a), 254(1) (with s. 211 and S.R. 2011/387, art. 2(2)(6)(7)); S.R. 2011/386, art. 2
F4Word in art. 67B(3) substituted (1.12.2011) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 248(3)(b), 254(1) (with s. 211 and S.R. 2011/387, art. 2(2)(6)(7)); S.R. 2011/386, art. 2
F5Word in art. 67B(4)(b) substituted (1.12.2011) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 248(3)(a), 254(1) (with s. 211 and S.R. 2011/387, art. 2(2)(6)(7)); S.R. 2011/386, art. 2
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