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Statutory Rules of Northern Ireland

2020 No. 72

Planning

The Planning (Development Management) (Temporary Modifications) (Coronavirus) Regulations (Northern Ireland) 2020

Made

27th April 2020

Coming into operation

1st May 2020

The Department for Infrastructure(1) makes the following Regulations in exercise of the powers conferred by sections 27(5) and 247(1) and (6) of the Planning Act (Northern Ireland) 2011(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Planning (Development Management) (Temporary Modifications) (Coronavirus) Regulations (Northern Ireland) 2020 and shall come into operation on 1st May 2020.

Amendments to the Planning (Development Management) Regulations (Northern Ireland) 2015

2.—(1) The Planning (Development Management) Regulations (Northern Ireland) 2015(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 5(2) (Pre-application community consultation) at the beginning insert “Subject to regulation 5A,”.

(3) After regulation 5 (Pre-application community consultation) insert—

“Temporary relaxation of pre-application community consultation requirements during Coronavirus emergency period

5A.—(1) This regulation applies in relation to an application for planning permission submitted—

(a)either—

(i)during the emergency period, or

(ii)within the period of 6 months immediately following the expiry of the emergency period, and

(b)in respect of which a proposal of application notice is given to the council or as the case may be the Department before, or during, the emergency period.

(2) Where this regulation applies in relation to an application for planning permission, regulation 5 applies in relation to that application—

(a)as if paragraphs (2)(a), (b)(iii) and (3) were omitted, and

(b)during the emergency period, as if in paragraph (2)(b)(ii) for “where” there were substituted “how (including by what electronic means)”.

(3) For the purposes of this regulation, the “emergency period” begins on the date on which these Regulations come into operation and ends 30th September 2020.

(4) The Department must review the emergency period after the expiry of 3 months from its commencement.”

Sealed with the Official Seal of the Department for Infrastructure on 27th April 2020.

Legal seal

Angus Kerr

A senior officer of the

Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make temporary modifications to the Planning (Development Management) Regulations (Northern Ireland) 2015.

Regulation 2 amends the Planning (Development Management) Regulations (Northern Ireland) 2015 to remove the requirement for a public event to be held as part of the pre-application community consultation procedures during the “emergency period” as defined in these Regulations.

The Explanatory Memorandum is available alongside the Regulations on the government’s website www.legislation.gov.uk

(1)

Formerly the Department for Regional Development: see the Departments Act (Northern Ireland) 2016