Statutory Instruments

2006 No. 1252 (N.I. 7)

NORTHERN IRELAND

The Planning Reform (Northern Ireland) Order 2006

Made

9th May 2006

Coming into operation in accordance with Article 1(2) to (5)

At the Court at Buckingham Palace, the 9th day of May 2006

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Planning Reform (Northern Ireland) Order 2006.

(2) This Part shall come into operation on the expiration of 7 days from the day on which this Order is made.

(3) The following provisions shall come into operation on such day or days as the Department may by order appoint—

(a) Articles 3 to 8;

(b) Article 15;

(c) Article 28(2) and Schedule 5 so far as relating to Article 26 of the principal Order, the Further Education (Northern Ireland) Order 1997 (NI 15) and Article 30 of the Planning (Amendment) (Northern Ireland) Order 2003 (NI 8);

(d) Parts III and V.

(4) The remaining provisions of this Order shall come into operation on the expiration of one month from the day on which this Order is made.

(5) An order under paragraph (3) may contain such transitional or saving provisions as appear to the Department to be necessary or expedient.

Subordinate Legislation Made

P1 Art. 1(3) power partly exercised: 18.5.2006 appointed for art. 15 by S.R. 2006/222, art. 2; 17.10.2006 for art. 5 by S.R. 2006/381, art. 2

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“the principal Order” means the Planning (Northern Ireland) Order 1991 (NI 11);

“the Department” means the Department of the Environment;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

(3) Words and expressions used in this Order and in the principal Order have the same meaning in this Order as they have in that Order.

PART II N.I. PLANNING REFORM

Prospective

Statement of community involvement N.I.

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Prospective

Status of development plans N.I.

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Valid from 17/10/2006

Independent examination of development plans N.I.

5.—(1) For Article 7 of the principal Order (inquiries relating to development plans) substitute—

“Independent examination

7.— (1) The Department may cause an independent examination to be carried out by the planning appeals commission for the purpose of considering objections to a development plan or to the alteration, repeal or replacement of a development plan.

(2) Any person who makes objections to a development plan or to the alteration, repeal or replacement of a development plan shall, if he so requests, be given the opportunity to appear before and be heard by the planning appeals commission.”.

(2) In Article 8 of the principal Order (adoption of development plan by Department), in paragraph (1) for “a public local inquiry” substitute “ an independent examination ”.

(3) In Article 111 of the principal Order (procedure of planning appeals commission)—

(a) in paragraph (2), after “inquiry” wherever that word occurs, insert “ , independent examination ”;

(b) in paragraph (6)—

(i) for “an inquiry” substitute “ an inquiry or independent examination ”;

(ii) for “or inquiry” substitute “ , inquiry or independent examination ”.

Prospective

Sustainable development N.I.

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Prospective

Development to include certain internal operations N.I.

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Prospective

Statements of principles of design and accessibility N.I.

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Power to decline to determine applications N.I.

9.—(1) For Article 25A of the principal Order (power of Department to decline to determine applications) substitute—

“Power to decline to determine subsequent application

25A.— (1) The Department may decline to determine a relevant application if—

(a) any of the conditions in paragraphs (2) to (4) is satisfied; and

(b) the Department thinks there has been no significant change in the relevant considerations since the relevant event.

(2) The condition is that in the period of 2 years ending with the date on which the application mentioned in paragraph (1) is received the Department has refused a similar application under Article 31.

(3) The condition is that in that period the planning appeals commission has dismissed an appeal—

(a) against the refusal of a similar application; or

(b) under Article 33 in respect of a similar application.

(4) The condition is that—

(a) in that period the Department has refused more than one similar application; and

(b) there has been no appeal to the planning appeals commission against any such refusal.

(5) A relevant application is an application for planning permission for the development of any land.

(6) The relevant considerations are—

(a) the development plan so far as material to the application;

(b) any other material considerations.

(7) The relevant event is—

(a) for the purposes of paragraphs (2) and (4) the refusal of the similar application;

(b) for the purposes of paragraph (3) the dismissal of the appeal.

(8) An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.

Power to decline to determine overlapping application

25AA.— (1) The Department may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in paragraphs (2) to (4) applies in relation to a similar application.

(2) The condition is that a similar application is under consideration by the Department and the determination period for that application has not expired.

(3) The condition is that a similar application is under consideration by—

(a) the Department in pursuance of Article 31; or

(b) the planning appeals commission on an appeal under Article 32 or 33,

and the Department or, as the case may be, the planning appeals commission, has not issued its decision.

(4) The condition is that a similar application—

(a) has been granted by the Department;

(b) has been refused by the Department; or

(c) has not been determined by the Department within the determination period,

and the time within which an appeal could be made to the planning appeals commission under Article 32 or 33 has not expired.

(5) An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.

(6) The determination period is—

(a) the period specified by the development order for the determination of the application; or

(b) such longer period as the applicant and the Department have agreed for the determination of the application.”.

(2) In Article 33(c) of the principal Order (appeal in default of planning decision), after “25A” insert “ or 25AA ”.

(3) After paragraph 4 of Schedule 1 to the principal Order (determination of applications for listed building consent) insert—

“Power to decline to determine application N.I.

Power to decline to determine subsequent application

4A.— (1) The Department may decline to determine an application for a relevant consent if—

(a) one or more of the conditions in sub-paragraphs (2) to (4) is satisfied; and

(b) the Department thinks there has been no significant change in any material considerations since the relevant event.

(2) The condition is that in the period of 2 years ending with the date on which the application mentioned in sub-paragraph (1) is received the Department has refused a similar application made under paragraph 1.

(3) The condition is that in that period the planning appeals commission has dismissed an appeal—

(a) against the refusal of a similar application; or

(b) under paragraph 8 in respect of a similar application.

(4) The condition is that—

(a) in that period the Department has refused more than one similar application; and

(b) there has been no appeal to the planning appeals commission against any such refusal.

(5) Relevant consent is—

(a) listed building consent; or

(b) consent under Article 51 (conservation area consent).

(6) The relevant event is—

(a) for the purposes of sub-paragraphs (2) and (4) the refusal of the similar application;

(b) for the purposes of sub-paragraph (3) the dismissal of the appeal.

(7) An application for relevant consent is similar to another application if (and only if) the Department thinks that the building and works to which the applications relate are the same or substantially the same.

(8) For the purposes of an application for consent under Article 51 (conservation area consent) a reference to a provision of this Order is a reference to that provision as excepted or modified by regulations under Article 51(5).

Power to decline to determine overlapping application

4B.— (1) The Department may decline to determine an application for a relevant consent which is made at a time when any of the conditions in sub-paragraphs (2) to (4) applies in relation to a similar application.

(2) The condition is that a similar application is under consideration by the Department and the determination period for that application has not expired.

(3) The condition is that a similar application is under consideration by the planning appeals commission on an appeal under paragraph 7 or 8 and the commission has not issued its decision.

(4) The condition is that a similar application—

(a) has been granted by the Department;

(b) has been refused by the Department; or

(c) has not been determined by the Department within the determination period,

and the time within which an appeal could be made to the planning appeals commission under paragraph 7 or 8 has not expired.

(5) Relevant consent is—

(a) listed building consent; or

(b) consent under Article 51 (conservation area consent).

(6) An application for relevant consent is similar to another application if (and only if) the Department thinks that the building and works to which the applications relate are the same or substantially the same.

(7) The determination period is—

(a) the period prescribed for the determination of the application; or

(b) such longer period as the applicant and the Department have agreed for the determination of the application.

(8) For the purposes of an application for consent under Article 51 (conservation area consent) a reference to a provision of this Order is a reference to that provision as excepted or modified by regulations under Article 51(5).”.

(4) In paragraph 8 of Schedule 1 to the principal Order (appeal in default of planning decision) after “decision on the application” insert “ or gives notice to the applicant that it has exercised its power under paragraph 4A or 4B to decline to determine the application ”.

(5) This Article has effect only in relation to applications made under the principal Order which are received by the Department after the coming into operation of this Article.

Duration of planning permission and listed building consent N.I.

10.—(1) In Article 28 of the principal Order (permission to develop land without compliance with conditions previously attached), after paragraph (4) add—

“(5) Planning permission shall not be granted under this Article to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—

(a) a development must be begun;

(b) an application for approval of reserved matters (within the meaning of Article 35) must be made.”.

(2) In paragraph 5 of Schedule 1 to that Order (listed building consent to execute works without compliance with conditions previously attached), after sub-paragraph (4) add—

“(5) Listed building consent shall not be granted under this paragraph to the extent that it has effect to change a condition subject to which a previous listed building consent was granted by extending the time limit within which the works must be begun.”.

(3) This Article has effect only in relation to applications for planning permission, listed building consent or consent under Article 51 of the principal Order (conservation area consent) which are received by the Department after the coming into operation of this Article.

Removal of discretion to extend time for bringing appeal N.I.

11.  In Article 32 of the principal Order (appeals), in paragraph (3) the words “or such longer period as the commission may allow” shall cease to have effect.

Conservation areas N.I.

12.  In Article 50 of the principal Order (conservation areas), for paragraph (3) substitute—

“(3) Subject to paragraph (3A), before making, varying or cancelling a designation under this Article, the Department shall consult with—

(a) the Historic Buildings Council;

(b) any appropriate district council;

(c) such other persons or bodies as may be prescribed.

(3A) A designation under this Article may be made without consulting the persons or bodies mentioned in paragraph (3)(c), but a designation made without such consultation shall only have effect for a period of 6 months beginning on the date on which the designation was made.”.

Temporary stop notice N.I.

13.—(1) After Article 67D of the principal Order insert—

“Temporary stop notices N.I.

Temporary stop notice

67E.— (1) This Article applies if the Department thinks—

(a) that there has been a breach of planning control in relation to any land; and

(b) that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.

(2) The Department may issue a temporary stop notice.

(3) The notice shall be in writing and shall—

(a) specify the activity which the Department thinks amounts to the breach;

(b) prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);

(c) set out the Department's reasons for issuing the notice.

(4) A temporary stop notice may be served on any of the following—

(a) the person who the Department thinks is carrying on the activity;

(b) a person who the Department thinks is an occupier of the land;

(c) a person who the Department thinks has an estate in the land.

(5) The Department shall display on the land—

(a) a copy of the notice;

(b) a statement of the effect of the notice and of Article 67G.

(6) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of paragraph (5).

(7) A temporary stop notice ceases to have effect—

(a) at the end of the period of 28 days starting on the day the copy notice is so displayed;

(b) at the end of such shorter period starting on that day as is specified in the notice; or

(c) if it is withdrawn by the Department.

Temporary stop notice: restrictions

67F.— (1) A temporary stop notice does not prohibit—

(a) any person from continuing to use any building, caravan or other structure situated on land to which the temporary stop notice relates as his permanent residence whether as owner, occupier, tenant, patient, guest or otherwise;

(b) the carrying out of an activity of such description or in such circumstances as is prescribed.

(2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether continuously or not) for a period of 4 years ending with the day on which the copy of the notice is first displayed as mentioned in Article 67E(6).

(3) Paragraph (2) does not prevent a temporary stop notice prohibiting—

(a) activity consisting of or incidental to building, engineering, mining or other operations; or

(b) the deposit of refuse or waste materials.

(4) For the purposes of paragraph (2) any period during which the activity is authorised by planning permission shall be ignored.

(5) A second or subsequent temporary stop notice shall not be issued in respect of the same activity unless the Department has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.

(6) In paragraph (5) enforcement action includes obtaining the grant of an injunction under Article 76B.

Temporary stop notice: offences

67G.— (1) A person commits an offence if he contravenes a temporary stop notice—

(a) which has been served on him; or

(b) a copy of which has been displayed in accordance with Article 67E(5).

(2) Contravention of a temporary stop notice includes causing or permitting the contravention of the notice.

(3) An offence under this Article may be charged by reference to a day or a longer period of time.

(4) A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time.

(5) A person does not commit an offence under this Article if he proves—

(a) that the temporary stop notice was not served on him; and

(b) that he did not know, and could not reasonably have been expected to know, of its existence.

(6) A person convicted of an offence under this Article is liable—

(a) on summary conviction, to a fine not exceeding 163 30,000;

(b) on conviction on indictment, to a fine.

(7) In determining the amount of the fine the court shall have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.”.

(2) After Article 67A of the Planning (Northern Ireland) Order 1972 (NI 17) insert—

“Compensation for loss due to temporary stop notice

67B.— (1) This Article applies if and only if a temporary stop notice is issued and at least one of the following sub-paragraphs applies—

(a) the activity which is specified in the notice is authorised by planning permission or a development order;

(b) a certificate in respect of the activity is issued under Article 83A of the Planning Order or granted under that Article by virtue of Article 83E of that Order;

(c) the Department withdraws the notice.

(2) Paragraph (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in Article 67E(6) of the Planning Order.

(3) Paragraph (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in paragraph (2).

(4) A person who at the time the notice is served has an estate in the land to which the notice relates is entitled to be compensated by the Department in respect of any loss or damage directly attributable to the prohibition effected by the notice.

(5) A claim for compensation under this Article shall be made to the Department within the time and in the manner specified by a development order.

(6) The loss or damage in respect of which compensation is payable under this Article in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.

(7) No compensation is payable under this Article—

(a) in respect of the prohibition in a temporary stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b) in the case of a claimant who was required to provide information under Article 67C or 125 of the Planning Order in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the Department when responding to the notice.

(8) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.”.

(3) In Article 124 of the principal Order (planning register), in paragraph (1) after sub-paragraph (m) add—

“(n) temporary stop notices issued under Article 67E;”.

Increase in fines for unlawful advertisements N.I.

14.—(1) In Article 84 of the principal Order (enforcement of advertisement control) in paragraph (2) for “level 3” substitute “ level 4 ”.

(2) Nothing in this Article affects the punishment for an offence committed before the coming into operation of this Article.

Procedure of Planning Appeals Commission N.I.

15.—(1) Article 111 of the principal Order (procedure of appeals commission) shall be amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a) after “member” insert “ or members ”;

(b) in sub-paragraph (b)—

(i) after “member” insert “ or members ”;

(ii) for “him” substitute “ the member or members ”.

(3) In paragraph (2)—

(a) in sub-paragraph (a) after “member” insert “ or members ”;

(b) in sub-paragraph (b)—

(i) after “member” insert “ or members ”;

(ii) for “him” substitute “ the member or members ”.

(4) For paragraph (5A) substitute—

“(5A) Rules under paragraph (5) which provide for the taking of any decision may, in particular, provide for that decision to be taken—

(a) by a panel of not fewer than 4 commissioners; or

(b) by a single commissioner.”.

Fees and charges N.I.

16.  For Article 127 of the principal Order (fees for planning applications) substitute—

“Fees and charges

127.— (1) The Department may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) the performance by the Department of any function it has;

(b) anything done by the Department which is calculated to facilitate or is conducive or incidental to the performance of any such function.

(2) The Office of the First Minister and deputy First Minister may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) an application for planning permission which is deemed to be made to the planning appeals commission under this Order;

(b) an appeal to the planning appeals commission under this Order.

(3) Regulations under this Article may prescribe—

(a) the person by whom any charge or fee is payable;

(b) provision as to the calculation of any charge or fee;

(c) circumstances in which no charge or fee is to be paid;

(d) circumstances in which any charge or fee paid is to be remitted or refunded (in whole or in part).”.

Prospective

PART III N.I. CORRECTION OF ERRORS

Correction of errors in decision documents N.I.

F1 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Correction notice N.I.

F1 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Effect of correction N.I.

F1 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Supplementary N.I.

F1 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Arts. 3-20 repealed (1.4.2015 except for the repeal of art. 5) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

PART IV N.I. CROWN APPLICATION

Crown application N.I.

21.—(1) In Part XII of the principal Order before Article 113 (application to Crown land) insert—

“Application to the Crown

112A.— (1) This Order (except Articles 74, 76B, 80 and 82B) binds the Crown.

(2) But paragraph (1) is subject to express provision made by the following provisions of this Part.

Enforcement in relation to the Crown

112B.— (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Order.

(2) But paragraph (1) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in Article 44(7)(a) to (d).

(3) The Department shall not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(4) The appropriate authority may give consent under paragraph (3) subject to such conditions as it thinks appropriate.

(5) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Order.

(6) A step taken for the purposes of enforcement includes—

(a) entering land;

(b) bringing proceedings;

(c) the making of an application.

(7) A step taken for the purposes of enforcement does not include—

(a) service of a notice;

(b) the making of an order (other than by a court).

References to an estate in land

112C.— (1) Paragraph (2) applies to the extent that an estate in land is a Crown estate.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the estate in land shall be done by or in relation to the appropriate authority.

(3) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this Article as having an estate in that land.

Applications for planning permission, etc. by Crown

112D.— (1) This Article applies to an application for—

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

(b) a determination under Article 48 or a certificate under Article 83B.

(2) The Department may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

Service of notices on the Crown

112E.— (1) Any notice or other document required under this Order to be served on the Crown shall be served on the appropriate authority.

(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) does not apply for the purposes of the service of such a notice or document.

(3) “Appropriate authority” shall be construed in accordance with Article 118(1).”.

(2) Section 60 of the Mineral Development Act (Northern Ireland) 1969 (c. 35) (application of Planning Orders to certain mining development on Crown property) ceases to have effect.

(3) Schedule 1 makes further amendments to the principal Order in relation to the application of that Order to the Crown.

National security N.I.

22.—(1) After Article 123 of the principal Order insert—

“Inquiries to be held in public subject to certain exceptions

123A.— (1) Subject to paragraph (2), at any public local inquiry or independent examination held under this Order oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(2) If the Secretary of State is satisfied in the case of any such inquiry or examination—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in paragraph (3); and

(b) that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry or examination by such persons or persons of such descriptions as he may specify in the direction.

(3) The matters referred to in paragraph (2)(a) are—

(a) national security; and

(b) the measures taken or to be taken to ensure the security of any premises or property.

(4) If the Secretary of State is considering giving a direction under paragraph (2) the Advocate General for Northern Ireland may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at an inquiry or examination if the direction is given.

(5) If before the Secretary of State gives a direction under paragraph (2) no person is appointed under paragraph (4), the Advocate General for Northern Ireland may at any time appoint a person as mentioned in paragraph (4) for the purposes of the inquiry or examination.

(6) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph (2) in a case where a person has been appointed under paragraph (4);

(b) as to the functions of a person appointed under paragraph (4) or (5).

(7) Rules made under paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(8) If a person is appointed under paragraph (4) or (5) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry or examination in relation to a matter mentioned in paragraph (3) (the responsible person) to pay the fees and expenses of the appointed representative.

(9) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount shall be determined by the Secretary of State.

(10) The Secretary of State shall cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.

(11) An amount so certified is recoverable from the responsible person as a civil debt.

(12) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in paragraphs (4) and (5) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General.

National security

123B.— (1) Where, in relation to an application for planning permission or an application for any consent, certificate, approval or determination under this Order or a development order, the Secretary of State is of the opinion—

(a) that the consideration by the Department of the application or of any representations or objections made in respect of the application raises matters relating to—

(i) national security; or

(ii) the measures taken or to be taken to ensure the security of any premises or property; and

(b) that the public disclosure of information as to any of those matters would be contrary to the national interest,

he may certify that the application is one to which this Article applies.

(2) The Department shall, subject to any provision contained in rules under paragraph (3), cause a public local inquiry to be held for the purpose of determining any application to which this Article applies.

(3) The Secretary of State may by rules make provision—

(a) for the procedure to be followed in relation to the issue of a certificate under paragraph (1);

(b) enabling the Department to dispense with an inquiry where the Department has not received any objections or representations in respect of an application to which this Article applies or where every objection or representation made in respect of such an application is withdrawn.

(4) Articles 31, 32(1), 33, 56, 57(1), 83E, 123(1), paragraphs 7(1) and 8 of Schedule 1, paragraphs 6(11) and (12), 11 and 13 of Schedule 1A and paragraphs 9 and 10 of Schedule 1B do not apply in relation to an application to which this Article applies.

(5) Rules made under paragraph (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(6) Section 23 of the Interpretation Act (Northern Ireland) 1954 shall apply to an inquiry under paragraph (2) as if that inquiry were an inquiry referred to in that section.”.

(2) In Article 123 of the principal Order (local inquiries), in paragraph (2) after “procedure” insert “ (except the procedure in relation to any matter for which rules under paragraph (6) of Article 123A or paragraph (3) of Article 123B may make provision) ”.

Trees in conservation areas: acts of Crown N.I.

23.  In Article 66A of the principal Order (preservation of trees in conservation areas) after paragraph (4) add—

“(5) An emanation of the Crown shall not, in relation to a tree to which this Article applies, do an act mentioned in paragraph (1) unless—

(a) the first condition is satisfied; and

(b) either the second or third condition is satisfied.

(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the Department.

(7) The second condition is that the act is done with the consent of the Department.

(8) The third condition is that the act is done—

(a) after the end of the period of 6 weeks starting with the date of the notice; and

(b) before the end of the period of 2 years starting with that date.”.

Subordinate legislation N.I.

24.—(1) The Department may by order subject to negative resolution provide that relevant subordinate legislation applies to the Crown.

(2) An order under paragraph (1) may modify such subordinate legislation to the extent that the Department thinks appropriate for the purposes of its application to the Crown.

(3) Relevant subordinate legislation is an instrument which—

(a) is made under or (wholly or in part) for the purposes of the principal Order;

(b) is made before the coming into operation of Article 21 of this Order; and

(c) is specified in the order.

Crown application: transitional N.I.

25.  Schedule 2 (which makes transitional provision in consequence of the application to the Crown of the principal Order) has effect.

Prospective

PART V N.I. MINERAL PLANNING PERMISSIONS

Aftercare conditions N.I.

F2 26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 26 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Review of mineral planning permissions N.I.

F3 27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Art. 27 repealed (1.4.2015) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 7 (with s. 211); S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

PART VI N.I. AMENDMENTS AND REPEALS

Amendments and repeals N.I.

28.—(1) The statutory provisions set out in Schedule 4 have effect subject to the amendments set out in that Schedule.

(2) The statutory provisions specified in Schedule 5 are repealed to the extent specified there.

Commencement Information

I1 Art. 28 partly in force; art. 28(1) in force at 10.6.2006 and art. 28(2) in force for certain purposes at 10.6.2006 see art. 1(3)(c)(4)

A.K. Galloway

Clerk of the Privy Council

SCHEDULES

Article 21(3)

SCHEDULE 1 N.I. CROWN APPLICATION

Service of notices N.I.

1.  In paragraph (1) of Article 2 of the principal Order (interpretation), at the beginning insert “ Subject to Article 112E(2), ”. N.I.

Hazardous substances consent N.I.

2.  In Article 60 of the principal Order (effect of hazardous substances consent and change of control of land), after paragraph (3) insert— N.I.

“(3A) Paragraphs (2) and (3) do not apply if the control of land changes from one emanation of the Crown to another.”.

Rights of entry N.I.

3.  After Article 84C of the principal Order (rights of entry for enforcement purposes: supplementary provisions) insert— N.I.

“Rights of entry for enforcement purposes: Crown land

84D.— (1) Article 84A applies to Crown land subject to the following modifications.

(2) In paragraph (1) of Article 84A, sub-paragraphs (b) and (c) are omitted.

(3) A person shall not enter Crown land unless he has the relevant permission.

(4) Relevant permission is the permission of—

(a) a person appearing to the person seeking entry to the land to be entitled to give it; or

(b) the appropriate authority.

(5) Articles 84B and 84C do not apply to anything done by virtue of this Article.

(6) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).”.

4.  After Article 122 of the principal Order (supplementary provisions as to rights of entry) insert— N.I.

“Supplementary provisions as to powers of entry: Crown land

122A.— (1) Article 121 applies to Crown land subject to the following modifications.

(2) A person shall not enter Crown land unless he has the relevant permission.

(3) Relevant permission is the permission of—

(a) a person appearing to the person seeking entry to the land to be entitled to give it; or

(b) the appropriate authority.

(4) In paragraph (4) the words from “, but a person” to the end of that paragraph shall be omitted.

(5) Article 122 does not apply to anything done by virtue of this Article.

(6) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).”.

Compulsory acquisition N.I.

5.—(1) Article 87 of the principal Order (acquisition of land for planning purposes) is amended as follows. N.I.

(2) At the beginning of paragraph (1), insert “ Subject to paragraph (1A), ”.

(3) After paragraph (1) insert—

“(1A) The Department shall not acquire any estate in Crown land unless—

(a) it is an estate which is for the time being held otherwise than by or on behalf of the Crown; and

(b) the appropriate authority consents to the acquisition.”.

(4) After paragraph (9) insert—

“(10) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).”.

6.  In Article 109 of the principal Order (compulsory acquisition of listed buildings) after paragraph (6) add— N.I.

“(7) This Article does not permit the acquisition of any estate in Crown land unless—

(a) it is an estate which is for the time being held otherwise than by or on behalf of the Crown; and

(b) the appropriate authority consents to the acquisition.

(8) “Appropriate authority” and “Crown land” shall be construed in accordance with Article 118(1).”.

Purchase notices N.I.

7.  After Article 94 of the principal Order (service of purchase notice) insert— N.I.

“Purchase notices: Crown land

94A.— (1) A purchase notice may be served in respect of Crown land only as mentioned in this Article.

(2) The owner of a private estate in Crown land shall not serve a purchase notice unless—

(a) he first offers to dispose of his estate to the appropriate authority on equivalent terms; and

(b) the offer is refused by the appropriate authority.

(3) An offer is made on equivalent terms if the price payable for the estate is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable if it were acquired in pursuance of a purchase notice.

(4) Expressions used in this Article and in Part XII shall be construed in accordance with that Part.”.

Application to Crown land and planning permission in anticipation of disposal of Crown land N.I.

8.  Articles 113 and 114 of the principal Order are omitted. N.I.

Tree preservation orders N.I.

9.—(1) Article 115 of the principal Order (tree preservation orders in anticipation of disposal of Crown land) is omitted. N.I.

(2) But the repeal of Article 115 does not affect its operation in relation to a tree preservation order made by virtue of that Article before the coming into operation of this paragraph.

Special enforcement notices N.I.

10.—(1) Article 116 of the principal Order (control of development on Crown land) is omitted. N.I.

(2) But the repeal of Article 116 does not affect its operation in relation to development carried out before the coming into operation of this paragraph.

Requirement of planning permission for continuance of use instituted by Crown N.I.

11.—(1) Article 117 of the principal Order (requirement of planning permission for continuance of use instituted by Crown) is omitted. N.I.

(2) But the repeal of Article 117 does not affect its operation in relation to a direction made as mentioned in paragraph (1) of that Article before the coming into operation of this paragraph.

Definitions N.I.

12.—(1) Article 118 of the principal Order is amended as follows. N.I.

(2) In paragraph (1) for the definition of “Crown estate” substitute—

““Crown estate” means any of the following—

(a) an estate belonging to Her Majesty in right of the Crown;

(b) an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(c) such other estate as the Department may specify by order subject to affirmative resolution;”.

(3) After paragraph (1) insert—

“(1A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no estate a reference to the appropriate authority must be construed as a reference to the person who makes the application.”.

(4) Paragraph (3) is omitted.

Information as to estates in land N.I.

13.  After Article 125 of the principal Order (information as to estates in land) insert— N.I.

“Information as to estates in Crown land

125A.— (1) This Article applies to an estate in Crown land which is not a private estate.

(2) Article 125 does not apply to an estate to which this Article applies.

(3) For a purpose mentioned in Article 125(1) the Department may request the appropriate authority to give it such information as to the matters mentioned in Article 125(2) as the Department specifies in the request.

(4) The appropriate authority shall comply with a request under paragraph (3) except to the extent—

(a) that the matter is not within the knowledge of the authority, or

(b) that to do so will disclose information as to any of the matters mentioned in Article 123A(3).

(5) Expressions used in this Article and in Part XII shall be construed in accordance with that Part.”.

Article 25

SCHEDULE 2 N.I. CROWN APPLICATION – TRANSITIONAL PROVISIONS

PART 1 N.I. PLANNING PERMISSION

Introduction N.I.

1.  This Part applies to a development if— N.I.

(a) it is a development for which before the relevant date no planning permission is required,

(b) it is not a development or of a description of development for which planning permission is granted by virtue of a development order, and

(c) before the relevant date proposed development notice had been given to the Department.

2.  In this Part— N.I.

(a) the relevant date is the date of the coming into operation of Article 21(1);

(b) proposed development notice is notice of a proposal for development given by the developer in pursuance of arrangements made by the Department in relation to development by or on behalf of the Crown;

(c) the developer is the Crown or a person acting on behalf of the Crown.

Acceptable development N.I.

3.—(1) This paragraph applies if before the relevant date in pursuance of the arrangements the Department has given notice to the developer that it finds the proposed development acceptable. N.I.

(2) The notice shall be treated as if it is planning permission granted under Part IV of the principal Order.

(3) If the notice is subject to conditions the conditions have effect as if they are conditions attached to the planning permission.

4.—(1) This paragraph applies if before the relevant date the Department has in pursuance of the arrangements kept a register of proposed development notices. N.I.

(2) The register shall be treated as if it is part of the register kept by the Department in pursuance of Article 124 of the principal Order.

Pending proposals N.I.

5.—(1) This paragraph applies if before the relevant date— N.I.

(a) proposed development notice has been given, but

(b) the Department has not given notice to the developer as mentioned in paragraph 3.

(2) The principal Order applies as if the proposal is an application for planning permission duly made under that Order.

PART 2 N.I. LISTED BUILDINGS CONSENT AND CONSERVATION AREA CONSENT

Introduction N.I.

6.  This Part applies to works if— N.I.

(a) they are works for which before the relevant date no listed building consent is required, and

(b) before the relevant date proposed works notice had been given to the Department.

7.  In this Part— N.I.

(a) the relevant date is the date of the coming into operation of Article 21(1);

(b) proposed works notice is notice of a proposal for works given by the person proposing to carry out the works (the developer) in pursuance of arrangements made by the Department in relation to development by or on behalf of the Crown;

(c) the developer is the Crown or a person acting on behalf of the Crown.

Acceptable works N.I.

8.—(1) This paragraph applies if before the relevant date in pursuance of the arrangements the Department has given notice to the developer that it finds the proposed works acceptable. N.I.

(2) The notice shall be treated as if it is listed building consent granted under paragraph (2) or, as the case may be, (3) of Article 44 of the principal Order.

(3) If the notice is subject to conditions the conditions have effect as if they are conditions attached to the consent.

9.—(1) This paragraph applies if before the relevant date the Department has in pursuance of the arrangements kept a register of proposed works notices. N.I.

(2) The register shall be treated as if it is part of the register kept by the Department in pursuance of Article 124 of the principal Order.

Pending proposals N.I.

10.—(1) This paragraph applies if before the relevant date— N.I.

(a) proposed works notice has been given, but

(b) the Department has not given notice to the developer as mentioned in paragraph 8.

(2) The principal Order applies as if the proposal is an application for listed building consent duly made under that Order.

11.  This Part shall have effect in relation to the demolition of buildings to which Article 51 of the principal Order applies as if the demolition of such buildings were works to which this Part applies. N.I.

PART 3 N.I. HAZARDOUS SUBSTANCES

12.—(1) This paragraph applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land. N.I.

(2) The appropriate authority shall make a claim in the prescribed form before the end of the transitional period.

(3) The claim shall contain the prescribed information as to—

(a) the presence of the substance during the establishment period;

(b) how and where the substance was kept and used.

(4) Unless sub-paragraph (5) or (7) applies, the Department is deemed to have granted the hazardous substances consent claimed in pursuance of sub-paragraph (2).

(5) This sub-paragraph applies if the Department thinks that a claim does not comply with sub-paragraph (3).

(6) If sub-paragraph (5) applies, the Department shall, before the end of the period of two weeks from its receipt of the claim—

(a) notify the claimant that in the Department's opinion the claim is invalid;

(b) give the claimant the Department's reasons for that opinion.

(7) This sub-paragraph applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.

(8) Hazardous substances consent which is deemed to be granted under this paragraph is subject—

(a) to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this sub-paragraph at any one time shall not exceed the established quantity;

(b) to such other conditions (if any) as are prescribed for the purposes of this paragraph and are applicable in the case of the consent.

(9) A substance is present for the purposes of sub-paragraph (8)(a) if—

(a) it is on, over or under land to which the claim for consent relates,

(b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or

(c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of heads (a) to (c) shall be counted only once.

(10) The establishment period is the period of 12 months ending on the day before the date of the coming into operation of Article 21(1) of the Planning Reform (Northern Ireland) Order 2006.

(11) The transitional period is the period of 6 months starting on the day before the date of the coming into operation of that Article.

(12) The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.

(13) In this paragraph, “appropriate authority” has the same meaning as in Part XII of the principal Order.

Valid from 01/04/2015

Article 27(2)

SCHEDULE 3 N.I. PROVISIONS TO BE INSERTED AS SCHEDULES 1A AND 1B TO THE PRINCIPAL ORDER

“SCHEDULE 1A N.I. REVIEW OF OLD MINERAL PLANNING PERMISSIONS

Interpretation N.I.

1.— (1) In this Schedule—

“dormant site” means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 31st December 1993 and ending with 1st June 2007;

“first list” means the list prepared by the Department under paragraph 3;

“mineral site” has the meaning given by sub-paragraph (2);

“Phase I site” and “Phase II site” have the meanings given by paragraph 2;

“relevant planning permission” means any planning permission for minerals development; and

“second list” means the list prepared by the Department under paragraph 4.

(2) For the purposes of this Schedule “mineral site” means—

(a) in a case where it appears to the Department to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and

(b) in any other case, the land to which a relevant planning permission relates.

(3) Any reference (however expressed) in this Schedule to a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.

(4) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.

(5) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b) the depth to which operations for the winning and working of minerals may extend;

(c) the height of any deposit of mineral waste;

(d) the rate at which any particular mineral may be extracted;

(e) the rate at which any particular mineral waste may be deposited;

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mineral site in question.

(6) For the purposes of this Schedule, where an application is made under paragraph 9 for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

(a) the proceedings on the application have been determined, and

(b) any time for appealing under paragraph 11(1), or applying or further applying under paragraph 9, (where there is a right to do so) has expired.

Phase I and II sites N.I.

2.— (1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.

(2) A mineral site is neither a Phase I site nor a Phase II site where—

(a) all the relevant planning permissions which relate to the site have been granted after 31st December 1993; or

(b) some only of the relevant planning permissions which relate to the site have been granted after 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of that site.

(3) With the exception of those mineral sites which, by virtue of sub-paragraph (2), are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.

(4) Subject to sub-paragraph (2), where—

(a) all the relevant planning permissions which relate to a mineral site were granted before 31st December 1980; or

(b) some only of the relevant planning permissions which relate to the site were granted before 31st December 1980 and the parts of the site to which those permissions relate constitute the greater part of that site,

that mineral site is a Phase I site.

(5) Subject to sub-paragraphs (2) and (4), where—

(a) all the relevant planning permissions which relate to a mineral site were granted after 31st December 1980 but before 31st December 1993; or

(b) some only of the relevant planning permissions which relate to the site were granted after 31st December 1980 but before 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of the site,

the mineral site is a Phase II site.

(6) In ascertaining, for the purposes of sub-paragraph (2) or (5), whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the Department, been satisfactorily restored; but no part of a site shall be treated as being not so included in the site unless the Department is satisfied that any after care conditions which relate to that part have, so far as relating to that part, been complied with.

The “first list” N.I.

3.— (1) the Department shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites (“the first list”).

(2) A site shall, but shall only, be included in the first list if it is either—

(a) an active Phase I site;

(b) an active Phase II site; or

(c) a dormant site.

(3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.

(4) In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the Department under paragraph 9.

(5) Any date specified pursuant to sub-paragraph (4) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5.

The “second list” N.I.

4.— (1) The Department shall, in accordance with the following provisions of this paragraph, prepare a list of active Phase II sites (“the second list”).

(2) The second list shall include each mineral site which is an active Phase II site.

(3) In respect of each site included in the second list, that list shall specify the date by which an application is to be made to the Department under paragraph 9.

(4) Any date specified pursuant to sub-paragraph (3) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5.

Advertisement of the first and second lists N.I.

5.— (1) This paragraph makes provision for the advertisement of the first and second lists.

(2) The Department shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating throughout Northern Ireland, notice of the list having been prepared.

(3) In respect of each of those lists, such notice shall—

(a) state that the list has been prepared by the Department; and

(b) specify one or more places at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.

(4) In respect of the first list, such notice shall—

(a) explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;

(b) explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase I site included in the list by the date specified in the list for that site;

(c) explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—

(i) set out the right to make an application to the Department for that site to be included in the list;

(ii) set out the date by which such an application must be made; and

(iii) state that the owner of such a site has a right of appeal against any decision of the Department upon such an application; and

(d) explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9, and set out the date by which an application for such postponement must be made.

(5) In respect of the second list, such notice shall explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase II site included in the list by the date specified in the list for that site.

Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications N.I.

6.— (1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the Department for that land or interest to be included in that list.

(2) An application under sub-paragraph (1) shall be made no later than the day upon which expires the period of 3 months from the day when the first list was first advertised in accordance with paragraph 5.

(3) Where the Department considers that—

(a) the land or interest is, or forms part of, any dormant site or active Phase I or II site, it shall accede to the application; or

(b) part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, it shall accede to the application so far as it relates to that part of the land or interest,

but shall otherwise refuse the application.

(4) On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the Department shall amend the first list as follows—

(a) where it considers that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, it shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;

(b) where it considers that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, it shall amend the entry in the first list for that site accordingly.

(5) Where the Department amends the first list in accordance with sub-paragraph (4), it shall also—

(a) in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the Department under paragraph 9;

(b) in a case where—

(i) the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and

(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 is a date falling less than 12 months after the date upon which the Department makes its decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.

(6) Any date specified pursuant to sub-paragraph (5)(a) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.

(7) On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the Department shall, if the second list has been first advertised in accordance with paragraph 5 prior to the time at which it makes its decision on the application, amend the second list as follows—

(a) where it considers that the land or interest, or any part of the land or interest, is an active Phase II site, it shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;

(b) where it considers that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, it shall amend the entry in that list for that site accordingly.

(8) Where the Department amends the second list in accordance with sub-paragraph (7), it shall also—

(a) in a case where an active Phase II site is added to the second list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the Department under paragraph 9;

(b) in a case where—

(i) the entry for an active Phase II site included in the second list is amended pursuant to paragraph (b) of that sub-paragraph; and

(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 is a date falling less than 12 months after the date upon which the Department makes its decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.

(9) Any date specified pursuant to sub-paragraph (8)(a) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.

(10) When the Department determines an application made under sub-paragraph (1) it shall notify the applicant in writing of its decision and, in a case where it has acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8).

(11) Where the Department—

(a) refuses an application made under sub-paragraph (1); or

(b) accedes to such an application only so far as it relates to part of the land or interest in respect of which it was made,

the applicant may by notice appeal to the planning appeals commission.

(12) A person who has made such an application may also appeal to the planning appeals commission if the Department has not given notice to the applicant of its decision on the application within such period as may be prescribed or within such extended period as may at any time be agreed upon in writing between the applicant and the Department.

(13) An appeal under sub-paragraph (11) or (12) must be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with—

(a) in the case of an appeal under sub-paragraph (11), the determination; or

(b) in the case of an appeal under sub-paragraph (12), the end of the first period mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.

Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory N.I.

7.— (1) Any person who is the owner of any land, or of any interest in any mineral, comprised in—

(a) an active Phase I site included in the first list; or

(b) an active Phase II site included in the second list,

may apply to the Department for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 (in this paragraph referred to as “the specified date”).

(2) Subject to sub-paragraph (3), an application under sub-paragraph (1) shall be made no later than the day upon which expires the period of 3 months from the day when—

(a) in the case of an active Phase I site, the first list; or

(b) in the case of an active Phase II site, the second list,

was first advertised in accordance with paragraph 5.

(3) In the case of—

(a) an active Phase I site—

(i) added to the first list in accordance with paragraph 6(4)(a); or

(ii) in respect of which the entry in the first list was amended in accordance with paragraph 6(4)(b);

or

(b) an active Phase II site—

(i) added to the second list in accordance with paragraph 6(7)(a); or

(ii) in respect of which the entry in the second list was amended in accordance with paragraph 6(7)(b),

an application under sub-paragraph (1) shall be made no later than the day upon which expires the period of 3 months from the day on which notice was given under paragraph 6(10) of the Department's decision to add the site to or, as the case may be, so to amend the list in question.

(4) An application under sub-paragraph (1) shall be in writing and shall—

(a) set out the conditions to which each relevant planning permission relating to the site is subject;

(b) set out the applicant's reasons for considering those conditions to be satisfactory;

(c) set out the date which the applicant wishes to be substituted for the specified date; and

(d) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5)).

(5) For the purposes of sub-paragraph (4), the appropriate certificate is such a certificate—

(a) as would be required, under Article 22 (notification of applications to certain persons), to accompany the application if it were an application for planning permission for minerals development, but

(b) with such modifications as are required for the purposes of this paragraph,

and Article 22(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

(6) Where the Department receives an application made under sub-paragraph (1)—

(a) if it considers the conditions referred to in sub-paragraph (4)(a) to be satisfactory it shall agree to the specified date being postponed in which event the Department shall determine the date to be substituted for that date;

(b) in any other case it shall refuse the application.

(7) Where the Department agrees to the specified date being postponed it shall cause the first or, as the case may be, the second list to be amended accordingly.

(8) When the Department determines an application made under sub-paragraph (1) it shall notify the applicant in writing of its decision and, in a case where it has agreed to the postponement of the specified date, shall notify the applicant of the date which it has determined should be substituted for the specified date.

(9) Where, within 3 months of the Department having received an application under sub-paragraph (1), or within such extended period as may at any time be agreed upon in writing between the applicant and the Department, the Department has not given notice, under sub-paragraph (8), to the applicant of its decision upon the application, the Department shall be treated as—

(a) having agreed to the specified date being postponed; and

(b) having determined that the date referred to in sub-paragraph (4)(c) be substituted for the specified date,

and sub-paragraph (7) shall apply accordingly.

Service on owners etc. of notice of preparation of the first and second lists N.I.

8.— (1) The Department shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5, serve notice in writing of the first list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7).

(2) A notice required to be served by sub-paragraph (1) shall—

(a) indicate whether the mineral site in question is a dormant site or an active Phase I or II site; and

(b) where that site is an active Phase I site—

(i) indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the Department under paragraph 9;

(ii) explain the consequences which will occur if such an application is not made by the date so specified; and

(iii) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

(3) Where, in relation to any land or mineral included in an active Phase I site, the Department—

(a) has served notice on any person under sub-paragraph (1); and

(b) has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question,

the Department shall serve a written reminder on that person, and such a reminder shall—

(i) indicate that the land or mineral in question is included in an active Phase I site;

(ii) comply with the requirements of sub-paragraph (2)(b)(i) and (ii); and

(iii) be served on that person on or before the date falling 4 weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the Department under paragraph 9.

(4) The Department shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5, serve notice in writing of the second list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7).

(5) A notice required to be served by sub-paragraph (4) shall—

(a) indicate that the mineral site in question is an active Phase II site; and

(b) indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the Department under paragraph 9;

(c) explain the consequences which will occur if such an application is not made by the date so specified; and

(d) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

(6) Where, in relation to any land or mineral included in an active Phase II site, the Department—

(a) has served notice on any person under sub-paragraph (4), and

(b) has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question,

the Department shall serve a written reminder on that person, and such a reminder shall—

(i) comply with the requirements of sub-paragraph (5)(a) to (c); and

(ii) be served on that person on or before the date falling 4 weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the Department under paragraph 9.

(7) Sub-paragraph (1) or (4) shall not require the Department to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by it, but in any such case the Department shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which it would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.

(8) If, in a case where sub-paragraph (7) applies, no person makes an application to the Department under paragraph 9 in respect of the active Phase I or II site which includes the land or interest in question by the date falling 8 weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the Department shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7), have been served under sub-paragraph (3) or (6).

(9) Where by sub-paragraph (7) or (8) a copy of any notice is required to be affixed to an object on any land that copy shall—

(a) be displayed in such a way as to be easily visible and legible;

(b) be first displayed—

(i) in a case where the requirement arises under sub-paragraph (7), no later than the date upon which the first or, as the case may be, the second list is first advertised in accordance with paragraph 5; or

(ii) in a case where the requirement arises under sub-paragraph (8), no later than the date falling 4 weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the Department under paragraph 9; and

(c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the Department, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the Department has taken reasonable steps for protection of the notice and, if need be, its replacement.

(10) In sub-paragraphs (7) and (8), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.

(11) Where the Department, being required—

(a) by sub-paragraph (3) or (6) to serve a written reminder on any person; or

(b) by sub-paragraph (8) to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph,

fails to comply with that requirement by the date specified for the purpose, it may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 is the date upon which expires the period of 3 months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.

Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed N.I.

9.— (1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase I or II site, apply to the Department to determine the conditions to which the relevant planning permissions relating to that site are to be subject.

(2) An application under this paragraph shall be in writing and shall—

(a) identify the mineral site to which the application relates;

(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;

(c) identify any relevant planning permissions relating to the site;

(d) identify, and give a postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;

(e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject; and

(f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3)).

(3) For the purposes of sub-paragraph (2), the appropriate certificate is such a certificate—

(a) as would be required, under Article 22 (notification of applications for planning provisions to certain persons) to accompany the application if it were an application for planning permission for minerals development, but

(b) with such modifications as are required for the purposes of this paragraph,

and Article 22(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

(4) Before determining an application under this paragraph, the Department shall consult with the district council for the area in which the site to which the application relates is situated.

(5) Article 21 shall have effect, with any necessary modifications, in relation to an application under this paragraph as it has effect in relation to an application for planning permission.

(6) Where the Department receives an application under this paragraph in relation to a dormant site or an active Phase I or II site it shall determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject.

(7) The conditions imposed by virtue of a determination under sub-paragraph (6)—

(a) may include any conditions which may be imposed on a grant of planning permission for minerals development;

(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

(8) Subject to sub-paragraph (10), where, within the period of 6 months from the Department having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the Department, the Department has not given notice to the applicant of its decision upon the application, the Department shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.

(9) Where the Department, having received an application under this paragraph, is of the opinion that it is unable to determine the application unless further details are supplied to it, it shall within the period of one month from having received the application give notice to the applicant—

(a) stating that it is of such opinion; and

(b) specifying the further details which it requires,

and where the Department so serves such a notice the period of 6 months referred to in sub-paragraph (8) shall run not from the Department having received the application but from the time when the Department has received all the further details specified in the notice.

(10) Without prejudice to the generality of sub-paragraph (9), the further details which may be specified in a notice under that sub-paragraph include any—

(a) information, plans or drawings; or

(b) evidence verifying any particulars of details supplied to the Department in respect of the application in question,

which it is reasonable for the Department to request for the purpose of enabling it to determine the application.

Notice of determination of conditions to be accompanied by additional information in certain cases N.I.

10.— (1) This paragraph applies in a case where—

(a) on an application made to the Department under paragraph 9 in respect of an active Phase I or II site the Department determines under that paragraph the conditions to which the relevant planning permissions relating to the site are to be subject;

(b) those conditions differ in any respect from the proposed conditions set out in the application; and

(c) the effect of the conditions, other than any restoration or aftercare conditions, so determined by the Department, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the Department making the determination, is to restrict working rights in respect of the site.

(2) In a case where this paragraph applies, the Department shall, upon giving to the applicant notice of the conditions determined by the Department under paragraph 9, also give to the applicant notice—

(a) stating that the conditions determined by the Department differ in some respect from the proposed conditions set out in the application;

(b) stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the Department, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions relating to the site in question were subject immediately prior to the making of the Department's determination, is to restrict working rights in respect of the site;

(c) identifying the working rights so restricted; and

(d) stating whether, in the opinion of the Department, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—

(i) the economic viability of operating the site; or

(ii) the asset value of the site.

(3) In this paragraph, “the applicant” means the person who made the application in question under paragraph 9.

Right to appeal against Department's determination of conditions etc. N.I.

11.— (1) Where the Department—

(a) on an application under paragraph 9 determines under that paragraph conditions that differ in any respect from the proposed conditions set out in the application; or

(b) gives notice, under paragraph (d) of paragraph 10(2), stating that, in its opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d),

the person who made the application may appeal to the planning appeals commission.

(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with the date on which the Department gives notice to the applicant of its determination or, as the case may be, stating its opinion.

Permissions ceasing to have effect N.I.

12.— (1) Subject to paragraph 8(11), where no application under paragraph 9 in respect of an active Phase I or II site has been served on the Department by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the Department, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.

(2) The reference in sub-paragraph (1) to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the Department or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.

(3) Subject to sub-paragraph (4), no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—

(a) an application has been made under paragraph 9 in respect of that site; and

(b) that permission has effect in accordance with sub-paragraph (6) of that paragraph.

(4) A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—

(a) the proceedings on that application have been determined, and

(b) any time for appealing under paragraph 6(11) or (12), or applying or further applying under paragraph 6(1), (where there is a right to do so) has expired.

Special procedure for major applications under paragraph 9 N.I.

13.— (1) Where, in relation to an application under paragraph 9, the Department considers that the conditions to which the applicant proposes any permission to which the application relates should be subject would, if determined under this Schedule as being the conditions to which a relevant planning permission is to be subject—

(a) involve a substantial departure from the development plan for the area to which it relates; or

(b) be of significance to the whole or a substantial part of Northern Ireland; or

(c) affect the whole of a neighbourhood,

the Department may within 2 months from the date of the application serve on the applicant a notice in such form as may be specified by a development order applying this paragraph to the application.

(2) For the purpose of considering representations made in respect of an application to which this paragraph applies, the Department may cause a public local inquiry to be held by the planning appeals commission.

(3) Section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to an inquiry under paragraph (2) as if that inquiry were an inquiry referred to in that section.

(4) Where a public local inquiry is not held under sub-paragraph (2), the Department shall, before determining the application, serve a notice on the applicant indicating the determination which it proposes to make; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service thereof) the applicant so requests in writing, the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission.

(5) In determining an application to which this paragraph applies, the Department shall, where any inquiry or hearing is held, take into account the report of the planning appeals commission.

(6) The following provisions of this Schedule—

(a) paragraph 9(6) and (7);

(b) paragraph 10; and

(c) paragraph 14, so far as relating to applications under paragraph 9,

shall apply, with any necessary modifications, to any application to which this paragraph applies.

(7) Paragraph 11(1) shall not apply to any application to which this paragraph applies.

(8) The decision of the Department on an application to which this paragraph applies shall be final.

Two or more applicants N.I.

14.— (1) Where the Department has received from any person a duly made application under paragraph 7(1) or 9—

(a) that person may not make any further application under the paragraph in question in respect of the same site; and

(b) if the application has been determined, whether or not in the case of an application under paragraph 9 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

(2) Where—

(a) the Department has received from any person in respect of a mineral site a duly made application under paragraph 7(1) or 9; and

(b) the Department receives from another person a duly made application under the paragraph in question in respect of the same site,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the Department on the date on which the later application was received by the Department and references to the applicant shall be read as references to either or any of the applicants.

Compensation N.I.

15.— (1) This paragraph applies in a case where—

(a) an application made under paragraph 9 in respect of an active Phase I or II site is finally determined; and

(b) the requirements of either sub-paragraph (2) or (3) are satisfied.

(2) The requirements, referred to in sub-paragraph (1)(b), of this sub-paragraph are—

(a) that the conditions to which the relevant planning permissions relating to the site are to be subject were determined by the Department;

(b) no appeal was made under paragraph 11(1)(a) in respect of that determination or any such appeal was withdrawn or dismissed; and

(c) the Department gave notice under paragraph (d) of paragraph 10(2) and either—

(i) that notice stated that, in the Department's opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d); or

(ii) that notice stated that, in the Department's opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) in respect of the giving of the notice has been allowed.

(3) The requirements, referred to in sub-paragraph (1)(b), of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the planning appeals commission upon an appeal under paragraph 11(1)(a) and either—

(a) the Department gave notice under paragraph (d) of paragraph 10(2) stating that, in its opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d); or

(b) the Department gave a notice under the said paragraph (d) stating that, in its opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1)(b) in respect of the giving of that notice has been allowed.

(4) In a case to which this paragraph applies section 26 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 shall have effect as if an order made under Article 38 had effect to modify those permissions to the extent specified in sub-paragraph (5) below.

(5) For the purposes of sub-paragraph (4), the order which is treated by virtue of that sub-paragraph as having been made under Article 38 is one whose only effect adverse to the interests of any person having an estate or interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.

Appeals: general procedural provisions N.I.

16.— (1) This paragraph applies to appeals under any of the following provisions of this Schedule—

(a) paragraph 6(11) or (12); or

(b) paragraph 11(1).

(2) Paragraphs (4) and (5) of Article 32 (determination of appeals) shall apply to an appeal to which this paragraph applies as those paragraphs apply to an appeal under that Article.

SCHEDULE 1B N.I. PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS

Duty to carry out periodic reviews N.I.

1.   The Department shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.

Interpretation N.I.

2.— (1) For the purposes of this Schedule—

“first review date”, in relation to a mining site, shall, subject to paragraphs 4 and 6, be ascertained in accordance with paragraph 3;

“mineral permission” means any planning permission for minerals development;

“mining site” means—

(a)

in a case where it appears to the Department to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

(b)

in any other case, the land to which a mineral permission relates.

(2) Any reference (however expressed) in this Schedule to a mining site being a site to which relates a mineral permission, is a reference to the mining site, or some part of it, being the land to which the permission relates.

(3) For the purposes of this Schedule, an application made under paragraph 7 is finally determined when—

(a) the proceedings on the application have been determined, and

(b) any time for appealing under paragraph 9(1), or applying or further applying under paragraph 7, (where there is a right to do so) has expired.

The first review date N.I.

3.— (1) Subject to sub-paragraph (5), in the case of a mining site which is a Phase I or II site within the meaning of Schedule 1A, the first review date means the date falling 15 years after the date upon which, pursuant to an application made under paragraph 9 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject.

(2) Subject to sub-paragraphs (3) and (5), in the case of a mining site which is not a Phase I or II site within the meaning of Schedule 1A, the first review date is the date falling 15 years after the date upon which was granted the most recent mineral permission which relates to the site.

(3) Where, in the case of a mining site falling within sub-paragraph (2), the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the Department it is expedient, for the purpose of ascertaining, under that sub-paragraph, the first review date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the first review date for that site shall be ascertained under that sub-paragraph accordingly.

(4) Subject to sub-paragraph (5), in the case of a mining site—

(a) to which relates a mineral permission in respect of which an order has been made under Article 38, or

(b) in respect of which, or any part of which, an order has been made under Article 39,

the first review date shall be the date falling 15 years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.

(5) In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the first review date, the first review date shall be the latest of those dates.

4.— (1) The Department may by order subject to negative resolution specify a first review date different from the first review date found in pursuance of paragraph 3(1).

(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1).

(3) The Department may by order subject to negative resolution specify a first review date.

Service of notice of first periodic review N.I.

5.— (1) The Department shall, in connection with the first periodic review of the mineral permissions relating to a mining site, no later than 12 months before the first review date, serve notice upon each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included in that site.

(2) A notice required to be served under sub-paragraph (1) shall—

(a) specify the mining site to which it relates;

(b) identify the mineral permissions relating to that site;

(c) state the first review date;

(d) state that the first review date is the date by which an application must be made for approval of the conditions to which the mineral permissions relating to the site are to be subject and explain the consequences which will occur if no such application is made by that date; and

(e) explain the right to apply for postponement of the first review date and give the date by which such an application has to be made.

(3) Where, in relation to any land or mineral included in a mining site, the Department—

(a) has served notice on any person under sub-paragraph (1); and

(b) has received no application under paragraph 7 from that person by the date falling 8 weeks before the first review date,

the Department shall serve a written reminder on that person.

(4) A reminder required to be served under sub-paragraph (3) shall—

(a) indicate that the land or mineral in question is included in a mining site;

(b) comply with the requirements of sub-paragraph (2)(a) to (d); and

(c) be served on the person in question on or before the date falling 4 weeks before the first review date.

(5) Sub-paragraph (1) shall not require the Department to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by it, but in any such case the Department shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which it would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.

(6) If, in a case where sub-paragraph (5) applies, no person makes an application to the Department under paragraph 7 in respect of the mining site which includes the land or interest in question by the date falling 8 weeks before the first review date, the Department shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5), have been served under sub-paragraph (3).

(7) Where by sub-paragraph (5) or (6) a copy of any notice is required to be affixed to an object on any land that copy shall—

(a) be displayed in such a way as to be easily visible and legible;

(b) be first displayed—

(i) in a case where the requirement arises under sub-paragraph (5), no later than 12 months before the first review date; or

(ii) in a case where the requirement arises under sub-paragraph (6), no later than the date falling 4 weeks before the first review date;

and

(b) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the Department, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the Department has taken reasonable steps for protection of the notice and, if need be, its replacement.

(8) In sub-paragraphs (5) and (6), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.

Application for postponement of the first review date N.I.

6.— (1) Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of 3 months from the day upon which notice was served upon him under paragraph 5, apply under this paragraph to the Department for the postponement of the first review date.

(2) An application under this paragraph shall be in writing and shall set out—

(a) the conditions to which each mineral permission relating to the site is subject;

(b) the applicant's reasons for considering those conditions to be satisfactory; and

(c) the date which the applicant wishes to have substituted for the first review date.

(3) Where the Department receives an application made under this paragraph—

(a) if it considers the conditions referred to in sub-paragraph (2)(a) to be satisfactory it shall agree to the first review date being postponed in which event it shall determine the date to be substituted for that date;

(b) in any other case it shall refuse the application.

(4) When the Department determines an application made under this paragraph, it shall notify the applicant in writing of its decision and, in a case where the Department has agreed to the postponement of the first review date, it shall notify the applicant of the date which it has determined should be substituted for the first review date.

(5) Where, within the period of 3 months of the Department having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the Department, the Department has not given notice, under sub-paragraph (4), to the applicant of its decision upon the application, the Department shall be treated as having, at the end of that period or, as the case may be, that extended period—

(a) agreed to the first review date being postponed; and

(b) determined that the date referred to in sub-paragraph (2)(c) be substituted for the first review date.

Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject N.I.

7.— (1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the Department to determine the conditions to which the mineral permissions relating to that site are to be subject.

(2) An application under this paragraph shall be in writing and shall—

(a) identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site;

(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;

(c) identify the mineral permissions relating to the site;

(d) identify, and give a postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;

(e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject; and

(f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3)).

(3) For the purposes of sub-paragraph (2)(f), the appropriate certificate is such a certificate—

(a) as would be required, under Article 22, to accompany the application if it were an application for planning permission for minerals development, but

(b) with such modifications as are required for the purposes of this paragraph,

and Article 22(6) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

(4) Before determining an application under this paragraph, the Department shall consult with the district council for the area in which the site to which the application relates is situated.

(5) Article 21 shall have effect, with any necessary modifications, in relation to an application under this paragraph as it has effect in relation to an application for planning permission.

(6) Where the Department receives an application under this paragraph in relation to a mining site it shall determine the conditions to which each mineral permission relating to the site is to be subject.

(7) The conditions imposed by virtue of a determination under sub-paragraph (6)—

(a) may include any conditions which may be imposed on a grant of planning permission for minerals development;

(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

(8) Subject to sub-paragraph (9), where, within the period of 6 months of the Department having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the Department, the Department has not given notice to the applicant of its decision upon the application, the Department shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.

(9) Where the Department, having received an application under this paragraph, is of the opinion that it is unable to determine the application unless further details are supplied to it, the Department shall within the period of one month from having received the application give notice to the applicant—

(a) stating that it is of such opinion; and

(b) specifying the further details which it requires,

and where the Department so serves such a notice the period of 6 months referred to in sub-paragraph (8) shall run not from the Department having received the application but from the time when the Department has received all the further details specified in the notice.

(10) Without prejudice to the generality of sub-paragraph (9), the further details which may be specified in a notice under that sub-paragraph include any—

(a) information, plans or drawings; or

(b) evidence verifying any particulars of details supplied to the Department in respect of the application in question,

which it is reasonable for the Department to request for the purpose of enabling it to determine the application.

Permissions ceasing to have effect N.I.

8.   Where no application under paragraph 7 in respect of a mining site has been served on the Department by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the Department, each mineral permission—

(a) relating to the site; and

(b) identified in the notice served in relation to the site under paragraph 5,

shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.

Appeals N.I.

9.— (1) Where on an application under paragraph 7 the Department determines conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the planning appeals commission.

(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal in writing to the planning appeals commission before the end of the period of 6 months beginning with the date on which the Department gives notice to the applicant of its determination.

(3) Paragraphs (4) and (5) of Article 32 (determination of appeals) shall apply to appeals under sub-paragraph (1) as those paragraphs apply to appeals under that Article.

Special procedure for major applications under paragraph 7 N.I.

10.— (1) Where, in relation to an application under paragraph 7, the Department considers that the conditions to which the applicant proposes any mineral permission to which the application relates should be subject would, if determined under this Schedule as being the conditions to which the permission is to be subject—

(a) involve a substantial departure from the development plan for the area to which it relates; or

(b) be of significance to the whole or a substantial part of Northern Ireland; or

(c) affect the whole of a neighbourhood,

the Department may within 2 months from the date of the application serve on the applicant a notice in such form as may be specified by a development order applying this paragraph to the application.

(2) For the purpose of considering representations made in respect of an application to which this paragraph applies, the Department may cause a public local inquiry to be held by the planning appeals commission.

(3) Section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to an inquiry under paragraph (2) as if that inquiry were an inquiry referred to in that section.

(4) Where a public local inquiry is not held under sub-paragraph (2), the Department shall, before determining the application, serve a notice on the applicant indicating the determination which it proposes to make; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service thereof) the applicant so requests in writing, the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission.

(5) In determining an application to which this paragraph applies, the Department shall, where any inquiry or hearing is held, take into account the report of the planning appeals commission.

(6) Paragraph 12, so far as relating to applications under paragraph 7, shall apply, with any necessary modifications, to any application to which this paragraph applies.

(7) Paragraph 9(1) shall not apply to any application to which this paragraph applies.

(8) The decision of the Department on an application to which this paragraph applies shall be final.

Time from which conditions determined under this Schedule are to take effect N.I.

11.— (1) Where an application has been made under paragraph 7 in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.

(2) Sub-paragraph (1) is without prejudice to paragraph 7(8).

Two or more applicants N.I.

12.— (1) Where the Department has received from any person a duly made application under paragraph 6 or 7—

(a) that person may not make any further application under the paragraph in question in respect of the same site; and

(b) if the application has been determined, whether or not in the case of an application under paragraph 7 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

(2) Where—

(a) the Department has received from any person in respect of a mineral site a duly made application under paragraph 6 or 7; and

(b) the Department receives from another person a duly made application under the paragraph in question in respect of the same site,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the Department on the date on which the later application was received by the Department and references to the applicant shall be read as references to either or any of the applicants.

Second and subsequent periodic reviews N.I.

13.— (1) In this paragraph, in relation to a mining site, but subject to paragraph 6 as applied by sub-paragraph (2) below, “review date” means—

(a) in the case of the second periodic review, the date falling 15 years after the date upon which was finally determined an application made under paragraph 7 in respect of the site; and

(b) in the case of subsequent periodic reviews, the date falling 15 years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 7 as applied by sub-paragraph (2) below.

(2) Paragraphs 5 to 12 shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—

(a) any reference in those paragraphs to the “first review date” were a reference to the review date; and

(b) the references in paragraphs 5(1) and 7(2)(a) to the first periodic review were references to the periodic review in question.

Compensation N.I.

14.— (1) This paragraph applies where—

(a) an application made under paragraph 7 in respect of a mining site is finally determined; and

(b) the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and

(c) the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.

(2) For the purposes of this paragraph—

“the new conditions”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and

“the existing conditions”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 7 in respect of that site.

(3) For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b) the depth to which operations for the winning and working of minerals may extend;

(c) the height of any deposit of mineral waste;

(d) the rate at which any particular mineral may be extracted;

(e) the rate at which any particular mineral waste may be deposited;

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mining site in question.

(4) In a case to which this paragraph applies section 26 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 shall have effect as if an order made under Article 38 had effect to modify those permissions to the extent specified in sub-paragraph (5) below.

(5) For the purposes of this paragraph, the order referred to in sub-paragraph (4) is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.”

Article 28(1)

SCHEDULE 4 N.I. AMENDMENTS

Planning (Northern Ireland) Order 1991 (NI 11) N.I.

In Article 42A, in paragraph (4)(a) for “complied” substitute “ compiled ”.

In Article 65A, in paragraph (2) for “65(1)” substitute “ 65(1B) ”.

Planning (Amendment) (Northern Ireland) Order 2003 (NI 8). N.I.

In Article 11 (stop notices), in paragraph (1), sub-paragraph (b) ceases to have effect.

In Schedule 1 (minor and consequential amendments), in paragraph 6, sub-paragraph (a)(iii) ceases to have effect.

Article 28(2)

SCHEDULE 5 N.I. REPEALS

Commencement Information

I2 Sch. 5 partly in force; Sch. 5 in force for certain purposes at 10.6.2006 see art. 1(3)(c)(4)

Short Title	Extent of repeal
The Mineral Development Act (Northern Ireland) 1969 (NI 35).	Section 60.
The Planning (Northern Ireland) Order 1991 (NI 11).	Article 26. In Article 32, in paragraph (3), the words “or such longer period as the commission may allow”. Articles 113 to 117. In Article 118, paragraph (3). In Schedule 4, paragraph 4.
The Further Education (Northern Ireland) Order 1997 (NI 15).	In Schedule 4, the amendment of the Planning (Northern Ireland) Order 1991 (NI 11).
The Planning (Amendment) (Northern Ireland) Order 2003 (NI 8).	In Article 11, in paragraph (1), sub-paragraph (b). In Article 26, paragraph (5). Article 30. In Schedule 1, in paragraph 6, sub-paragraph (a)(iii). In Schedule 1, paragraphs 17 and 18.

Explanatory Note

(This note is not part of the Order)

This Order amends the law relating to planning.

Part I of the Order is introductory.

Part II makes miscellaneous amendments to the law relating to planning.

Part III provides for the correction of errors in documents relating to planning decisions.

Part IV provides for the application of the Planning (Northern Ireland) Order 1991 to the Crown.

Part V provides for the review of old mineral planning permissions and the periodic review of planning permission for minerals development.

Part VI makes provision for amendments and repeals.