Prospective
[F11A.—(1) Regulations shall make provision for securing—N.I.
(a)that notice of any application for consent under Article 39 or 40 is, in such circumstances as may be prescribed, published in such manner as may be prescribed;
(b)that notice of any such application is served—
(i)by the Department on the Department of the Environment;
(ii)on such district council or councils as the Department may direct; and
(iii)in such circumstances as may be prescribed or where the Department so directs, on such other persons as may be prescribed or, as the case may be, specified in the direction;
(c)that every notice published or served in pursuance of the regulations states the period (not being less than such minimum period as may be prescribed) within which, and the manner in which, objections to the application may be made to the Department.
(2) In relation to applications for consent under Article 39 to the extension of a generating station or to the operation of such a station in a different manner, regulations under this paragraph may include provision for enabling the Department to give directions dispensing with the requirements of the regulations in such cases as it thinks fit.
(3) Where in the case of an application for consent under Article 39 or 40 objections have been sent to the Department in pursuance of regulations made under this paragraph, the Department shall—
(a)consider those objections, together with all other material considerations; and
(b)determine whether an inquiry should be held with respect to the application.
(4) If the Department thinks it appropriate to do so, the Department shall (in exercise of its powers under Article 66), cause an inquiry to be held.
(5) If the Planning Appeals Commission is appointed to conduct the inquiry, the inquiry shall be conducted—
(a)if rules under Article 66(2) so provide, in accordance with such rules;
(b)in any other case, in accordance with [F2section 204(5) of the Planning Act(Northern Ireland) 2011].
(6) Before determining whether to grant any consent under Article 39 or 40 the Department shall consider—
(a)any objections which have been sent to the Department in pursuance of regulations made under this paragraph; and
(b)where an inquiry has been held in respect of the application for the consent, the report of the inquiry.]
F1Sch. 8 paras. 1A-1C and preceding cross heading inserted (prosp.) by Electricity Consents (Planning) (Northern Ireland) Order 2006 (S.I. 2006/2955 (N.I. 19), arts. 1(2), 2(3)
F2Words in Sch. 8 para. 1A(5)(b) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(a) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 1A)