SCHEDULE 4
I1PART 1MODIFICATIONS OF SECTIONS 40, 43, 44, 58, 59, 60, 68 AND 70 OF THE PLANNING ACT (NORTHERN IRELAND) 2011
Column 1 Provision of the 2011 Act | Column 2 Modifications |
---|---|
Section 40(1) (form and content of applications) | None. |
Section 40(2) | None. |
Section 40 (3) to (5) | Omit. |
Section 43 (notice requiring planning application to be made) | In the title, for “planning application” substitute “application for consent”. |
Section 43(1) | For the words “development has been carried out—(a)” substitute “any advertisement has been displayed”. |
Omit “in accordance with this Part; or”. | |
Omit paragraph (b). | |
Omit the words “or approval”. | |
Section 43(2) | For the words “5 years” to the end substitute “10 years from the date on which the advertisement to which it relates was first displayed”. |
Section 43(3) | For the words “matters alleged to constitute development” substitute “advertisement”. |
Section 43(4) | For the words “owner” to the end substitute “person displaying the advertisement”. |
Section 43(5) | For the word “any” substitute “the”. |
Section 43(6) & (7) | Omit. |
Section 43(8) | For the words “subsections (5) to (7)” substitute “subsection (5)”. |
Section 43 (9) to (11) | None. |
Section 43(12) | Omit the words “or approval”. |
Section 44(1) (appeal against notice under section 43) | None. |
Section 44(2) | For paragraphs (a) to (c) substitute—
|
Section 44(3) to (7) | None. |
Section 58(1) (appeals) | Omit the words “to develop land; or” in paragraph (a). Omit paragraphs (b) and (c). For the words “permission, consent, agreement or approval” substitute “consent”. |
Section 58(2) | Omit. |
Section 58(3) | None. |
Section 58(4) | Omit the words “, subject to subsections (5) to (7),”. |
Section 58 (5) & (6) | None. |
Section 58(7) | Omit. |
Section 59(1) (matters which may be raised in an appeal under section 58) | Omit the words “or, as the case may be, the Department” |
Section 59(2) | “None” |
Section 60 (appeal against failure to take planning decision) | After the words ‘‘section 58(1)” insert the words “as applied and modified by the Planning (Control of Advertisements) Regulations (Northern Ireland) 2015”. Omit the words “either—”, “(a)’’, and “; or” in paragraph (a). Omit paragraph (b). Omit paragraph (c). In head (i) for the words “permission, consent, agreement or approval” substitute “consent”. |
Section 68 (revocation or modification of planning permission by council) | In the title for “planning permission” substitute “express consent”. |
Section 68 | Substitute the following—
|
Section 70(1) (procedure for section 68 orders: opposed cases) | For the words “Except as provided in section 71, an” substitute “An”. |
Section 70(2) | For subsection (2) substitute the following subsection—
|
Section 70(3) to (5) | None. |
Section 70(6) | For subsection (6) substitute the following subsection—
|
Sch. 4 Pt. 1 in operation at 1.4.2015, see reg. 1