Planning (Application of Subordinate Legislation to the Crown) Order (Northern Ireland) 2006

Planning (General Development) Order (Northern Ireland) 1993

6.—(1) The Planning (General Development) Order (Northern Ireland) 1993(1) applies to the Crown with the following modifications.

(2) In Article 2(1) (interpretation)—

(a) after the definition of “conservation area” insert—

““Crown land” has the meaning assigned to it by Article 118 of the 1991 Order;”;

(b) after the definition of “notifiable quantity” insert—

““operational Crown building” means a building which is operational Crown land;

“operational Crown land” means—

(a)

Crown land which is used for operational purposes; and

(b)

Crown land which is held for those purposes, but does not include—

(i)

land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held for operational purposes;

(ii)

Crown land—

(aa)

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;

(bb)

in which there is an estate belonging to Her Majesty in right of Her private estates;

“operational purposes” means the purposes of carrying out the functions of the Crown;”;

(c) in the definition of “operational land” for “ Part 13, 14 and 15 of Schedule 1” substitute “ Part 13, 14, 15, 23, 25 and 29 of Schedule 1”;

(d) for the definition of “original” substitute—

““original” means—

(a)

in relation to a building, other than a building which is Crown land, existing on 1st October 1973, as existing on that date; and in relation to a building built on or after 1st October 1973, as so built;

(b)

in relation to a building which is Crown land on 10th June 2006, as existing on that date; and, in relation to a building built on or after 10th June 2006 which is Crown land on the date of its completion, as so built;”.

(3) In Article 3 (permitted development)—

(a) in paragraph (5) for “Parts 9 and 11,” substitute “Parts 9, 11 and 22”;

(b) in paragraph (8) before “Schedule 1” insert “Subject to paragraph (9),”;

(c) after paragraph (8) insert—

“(9) Paragraph (8) does not apply to development for which permission is granted by Class B of Part 22, Class A of Part 24 or Class A of Part 25.”

(4) In Article 4(2) (directions restricting permitted development)—

(a) after sub-paragraph (a) insert—

“(aa) development permitted by Class B of Part 22;

(ab) development permitted by Part 31 and Part 32;”;

(b) in sub-paragraph (b) after the word “emergency” insert “other than development permitted by Part 31.”

(5) In Article 11(time periods for decisions) after paragraph (3) insert—

“(4) Where a request has been made to the Secretary of State for a certificate in respect of Article 123B (1) of the 1991 Order, the period specified in paragraph (2) of this Article shall begin on the date he notifies his decision on that request to the Department.”.

(6) For Article 18 (register of applications) substitute—

“Register of applications

18.— (1) Subject to paragraph (2), the registers relating to matters referred to in Article 124(1)(a) to (c) of the 1991 Order shall contain the following information—

(a) a copy (which may be photographic) of each application together with copies of plans and drawings submitted in relation thereto;

(b) the decision notice, if any, in respect of the application, including details of any conditions subject to which permission or consent was granted;

(c) the reference number, the date and effect of any decision of the planning appeals commission in respect of the application;

(d) brief details of any revocation or modification relating to any permission or consent, including date of issue.

(2) Information as to—

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

(b) which relates to the consideration by the Department of an application to which Article 123B of the 1991 Order applies,

shall not be included in the registers specified in paragraph (1).”.

(7) In Schedule 1 (permitted development) after Part 21 (closed circuit television cameras) insert Parts 22 to 32 as set out in the Schedule to this Order.

(1)

S.R. 1993 No.278 as amended by S.R. 1995 No.424, S.R. 1998 No.222, S.R. 1999 No.73, S.R.2000 No.101, S.R. 2003 No.98, S.R. 2003 No.445, S.R. 2004 No.459 and S.R. 2005 No. 427