The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Planning permission: consideration on review

51.—(1) In reviewing any planning permission or deemed planning permission in pursuance of regulations 45 and 46, the Department shall—

(a) consider whether any adverse effects could be overcome by entering into a planning agreement under Article 40 of the 1991 Order; and

(b) if it considers that the effects could be so overcome, invite those concerned to enter into such an agreement;

and so far as the adverse effects are not thus overcome by a planning agreement, the Department shall make such order under Article 38 (revocation or modification of planning permission) or 39 (order requiring discontinuance of use, etc.) of the 1991 Order, or Articles 38 or 39 as applied by Article 112 of the said Order in respect of the winning and working of minerals, as may be required.

(2) Where the Department ascertains that the carrying out or, as the case may be, the continuation of the development would adversely affect the integrity of a European site, it nevertheless need not proceed under sections 45 or 46 if and so long as it considers that there is no likelihood of the development being carried out or continued.