Statutory Instrument 1991 No. 1220 (N.I. 11)

The Planning(Northern Ireland) Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 1220 (N.I. 11)

NORTHERN IRELAND

The Planning(Northern Ireland) Order 1991

Made	21st May 1991

Coming into operation in accordance with Article 1(2) and (3)

ARRANGEMENT OF ORDER

Article
PART I
INTRODUCTORY
1.	Title and commencement.
2.	Interpretation.
PART II
FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND
3.	General functions of Department of the Environment with respect to development of land.
PART III
DEVELOPMENT PLANS
4.	Development plans.
5.	Publicity and consultation.
6.	Publicity and consultation-short procedure for certain alterations, etc.
7.	Inquiries relating to development plans.
8.	Adoption by Department.
9.	Incorporation in development plans of certain orders and schemes.
10.	Regulations as to development plans.
PART IV
PLANNING CONTROL
“Development” and requirement of planning permission
11.	Meaning of “development”.
12.	Development requiring planning permission.
Development orders
13.	Development orders.
Simplified planning zone schemes
14.	Simplified planning zones.
15.	Simplified planning zone schemes: conditions and limitations on planning permission.
16.	Duration of simplified planning zone scheme.
17.	Alteration of simplified planning zone scheme.
18.	Exclusion of certain descriptions of land.
Grant of planning permission in enterprise zones
19.	Grant of planning permission in enterprise zones.
Planning applications
20.	Form and content of applications.
21.	Publication of notices of applications.
22.	Notification of applications to certain persons.
23.	Notice requiring planning application.
24.	Appeal against notice under Article 23.
Determination of planning applications
25.	Determination of planning applications.
26.	Duty to draw attention to certain provisions for benefit of disabled.
27.	Conditional grant of planning permission.
28.	Permission to develop land without compliance with conditions previously attached.
29.	Permission to retain buildings, etc.
30.	Effect of planning permission.
31.	Special procedure for major planning applications.
Appeals
32.	Appeals.
33.	Appeal in default of planning decision.
Duration of planning permission
34.	Duration of planning permission.
35.	Duration of outline planning permission.
36.	Provisions supplementary to Articles 34 and 35.
37.	Termination of planning permission by reference to time limit.
Revocation or modification of planning permission
38.	Revocation or modification of planning permission.
Additional powers of control
39.	Orders requiring discontinuance of use or alteration or removal of buildings or works.
40.	Agreements facilitating, regulating or restricting development or use of land.
Determination whether planning permission required
41.	Applications to determine whether planning permission required.
PART V
ADDITIONAL PLANNING CONTROL
Buildings of special architectural or historic interest
42.	Lists of buildings of special architectural or historic interest.
43.	Issue of certificate that building is not intended to be listed.
44.	Control of works for demolition, alteration or extension of listed buildings.
45.	Provisions supplementary to Article 44.
46.	Duration of listed building consent.
47.	Revocation or modification of listed building consent.
48.	Applications to determine whether listed building consent required.
49.	Acts causing or likely to result in damage to listed buildings.
Areas of special architectural or historic interest
50.	Conservation areas.
51.	Control of demolition in conservation areas.
52.	Grants in relation to conservation areas.
Hazardous substances
53.	Requirement of hazardous substances consent.
54.	Applications for hazardous substances consent.
55.	Determination of applications for hazardous substances consent.
56.	Special procedure for major applications.
57.	Appeals.
58.	Grant of hazardous substances consent without compliance with conditions previously attached.
59.	Revocation or modification of hazardous substances consent.
60.	Effect of hazardous substances consent and change of control of land.
61.	Offences.
62.	Emergencies.
63.	Health and safety requirements.
Trees
64.	Duty of Department in relation to trees.
65.	Tree preservation orders.
66.	Penalties for contravention of tree preservation orders.
Advertisements
67.	Control of advertisements.
PART VI
ENFORCEMENT
Enforcement notices
68.	Enforcement notices.
69.	Appeal against enforcement notice.
70.	Appeal against enforcement notice-general supplementary provisions.
71.	Appeal against enforcement notice-supplementary provisions relating to planning permission.
72.	Penalties for non-compliance with enforcement notice.
73.	Power to stop further development pending proceedings on enforcement notice.
74.	Execution and cost of works required by enforcement notice.
75.	Effect of planning permission on enforcement notice.
76.	Enforcement notice to have effect against subsequent development.
Listed buildings
77.	Listed building enforcement notices.
78.	Appeal against listed building enforcement notice.
79.	Effect of listed building consent on listed building enforcement notice.
80.	Urgent works to preserve building.
Hazardous substances
81.	Hazardous substances contravention notice.
Trees
82.	Enforcement of duties as to replacement of trees.
Discontinuance orders
83.	Enforcement of orders under Article 39.
Advertisements
84.	Enforcement of advertisement control.
PART VII
DEVELOPMENT SCHEMES AND ACQUISITION OF LAND
Development schemes
85.	Development schemes.
86.	Adoption of development schemes.
Acquisition of land, etc.
87.	Acquisition of land for planning purposes.
88.	Compensation where unfit houses are acquired under this Part.
89.	Appropriation of land held for planning purposes.
90.	Disposal of land held for planning purposes.
91.	Development of land held for planning purposes.
92.	Recovery of possession of premises let by Department.
93.	Supplementary provisions.
PART VIII
PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS
94.	Service of purchase notice.
95.	Action by Department following service of purchase notice.
96.	Further ground of objection to purchase notice.
97.	Reference of counter-notices to Lands Tribunal.
98.	Effect of valid purchase notice.
99.	Special provision as to compensation under this Part.
PART IX
ROADS
100.	Orders extinguishing right to use vehicle on road.
101.	Provision of amenity for road reserved to pedestrians.
102.	Extinguishment of public rights of way.
103.	Procedure for making orders under Article 100 or 102.
104.	Telecommunication apparatus.
PART X
FURTHER PROVISIONS AS TO HISTORIC BUILDINGS
105.	Historic Buildings Council.
106.	Grants and loans for preservation or acquisition of listed buildings.
107.	Acquisition of listed buildings by agreement.
108.	Acceptance by Department of endowments in respect of listed buildings.
109.	Compulsory acquisition of listed buildings.
PART Xl
THE PLANNING APPEALS COMMISSION
110.	The Planning Appeals Commission.
111.	Procedure of appeals commission.
PART Xll
APPLICATION OF ORDER TO SPECIAL CASES
Minerals
112.	Minerals.
Crown land
113.	Application to Crown land.
114.	Application for planning permission, etc. in anticipation of disposal of Crown land.
115.	Tree preservation orders in anticipation of disposal of Crown land.
116.	Control of development on Crown land.
117.	Requirement of planning permission for continuance of use instituted by Crown.
118.	Interpretation of Part Xll.
PART Xlll
MISCELLANEOUS AND SUPPLEMENTARY
119.	Grants for research and bursaries.
120.	Grants to bodies providing assistance in relation to certain development proposals.
121.	Rights of entry.
122.	Supplementary provisions as to powers of entry.
123.	Local inquiries.
124.	Planning register.
125.	Information as to estates in land.
126.	Power to appoint advisory bodies or committees.
127.	Fees for planning applications.
128.	Time limit for certain summary offences under this Order.
129.	Regulations and orders.
130.	Financial provision.
131.	Registration of matters in Statutory Charges Register.
132.	Transitional provisions.
133.	Amendments and repeals.

SCHEDULES:
	Schedule 1—	Listed building consent-applications and appeals.
	Schedule 2—	Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for the purposes of Article 87(3).
	Schedule 3—	The Historic Buildings Council.
	Schedule 4—	Transitional provisions.
	Schedule 5—	Amendments.
	Schedule 6—	Repeals.

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