PART IINTRODUCTORY
Title and commencement1
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.
P13
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.
Interpretation2
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 IIPLANNING REFORM
Statement of community involvementF13
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Status of development plansF14
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Independent examination of development plans5
1
For Article 7 of the principal Order (inquiries relating to development plans) substitute—
Independent examination7
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
”
.
Sustainable developmentF16
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Development to include certain internal operationsF17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statements of principles of design and accessibilityF18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to decline to determine applicationsF19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duration of planning permission and listed building consentF110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal of discretion to extend time for bringing appealF111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conservation areasF112
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Temporary stop noticeF113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Increase in fines for unlawful advertisementsF114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure of Planning Appeals CommissionF115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees and chargesF116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIICORRECTION OF ERRORS
Correction of errors in decision documentsF117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Correction noticeF118
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Effect of correctionF119
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SupplementaryF120
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PART IVCROWN APPLICATION
Crown application21
1
In Part XII of the principal Order before Article 113 (application to Crown land) insert—
Application to the Crown112A
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 Crown112B
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 land112C
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 Crown112D
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 Crown112E
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).
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Schedule 1 makes further amendments to the principal Order in relation to the application of that Order to the Crown.
National securityF322
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Trees in conservation areas: acts of CrownF423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subordinate legislation24
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: transitional25
Schedule 2 (which makes transitional provision in consequence of the application to the Crown of the principal Order) has effect.
PART VMINERAL PLANNING PERMISSIONS
Aftercare conditionsF526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of mineral planning permissionsF627
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PART VIAMENDMENTS AND REPEALS
Amendments and repealsI128
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.