SCHEDULE 8CONSENTS UNDER ARTICLES 39 AND 40
F1Deemed planning permission, etc.
3.
(1)
On granting a consent under Article 39 or 40 in respect of any operation or change of use that constitutes development, the Department may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2)
(3)
On granting a consent under Article 39 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Department may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(4)
Before giving a direction under sub-paragraph (3) the Department shall consult—
(a)
the Department of the Environment; and
(b)
the Health and Safety Executive for Northern Ireland.
(5)
(6)
(7)
In this paragraph —
(a)
“ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station;
(b)
expressions which are also used in the Planning (Northern Ireland) Order 1991 have the same meanings as in that Order.