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Statutory Instrument 2006 No. 1252 (N.I. 7)The Planning Reform (Northern Ireland) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1252 (N.I. 7)NORTHERN IRELANDThe Planning Reform (Northern Ireland) Order 2006
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:— Title and commencement 1.—(1) This Order may be cited as the Planning Reform (Northern Ireland) Order 2006. (2) This Part shall come into operation on the expiration of 7 days from the day on which this Order is made. (3) The following provisions shall come into operation on such day or days as the Department may by order appoint—
(b) Article 15; (c) Article 28(2) and Schedule 5 so far as relating to Article 26 of the principal Order, the Further Education (Northern Ireland) Order 1997 (NI 15) and Article 30 of the Planning (Amendment) (Northern Ireland) Order 2003 (NI 8); (d) Parts III and V. (4) The remaining provisions of this Order shall come into operation on the expiration of one month from the day on which this Order is made.
(3) Words and expressions used in this Order and in the principal Order have the same meaning in this Order as they have in that Order. Statement of community involvement 3.After Article 3 of the principal Order insert—
3A.—(1) The Department shall prepare a statement of community involvement. (2) The statement of community involvement is a statement of the Department's policy as to the involvement in the exercise of the Department's functions under Article 4 and Part IV of persons who appear to the Department to have an interest in matters relating to development in the area in which they live.". Status of development plans
(2) Article 30 of the Planning (Amendment) (Northern Ireland) Order 2003 (NI 8) (status of development plans) ceases to have effect.
7.—(1) The Department may cause an independent examination to be carried out by the planning appeals commission for the purpose of considering objections to a development plan or to the alteration, repeal or replacement of a development plan. (2) Any person who makes objections to a development plan or to the alteration, repeal or replacement of a development plan shall, if he so requests, be given the opportunity to appear before and be heard by the planning appeals commission.". (2) In Article 8 of the principal Order (adoption of development plan by Department), in paragraph (1) for "a public local inquiry" substitute "an independent examination".
(b) in paragraph (6)—
(ii) for "or inquiry" substitute ", inquiry or independent examination". Sustainable development
10A.—(1) Where the Department or the planning appeals commission exercises any function under Article 3(1) or this Part, the Department or, as the case may be, the commission shall exercise that function with the objective of contributing to the achievement of sustainable development. (2) For the purposes of paragraph (1) the Department and the commission shall have regard to policies and guidance issued by—
(b) the Department for Regional Development.". Development to include certain internal operations
(2) This paragraph applies if—
(b) at the date the development order comes into operation a certificate under Article 83B of the principal Order (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and (c) before that date no such operations have begun. (3) If paragraph (2) applies the certificate under Article 83B of the principal Order is of no effect.
(b) a statement about how issues relating to access to the development have been dealt with. (2B) The form and content of a statement mentioned in paragraph (2A) is such as is required by the development order.". (2) In paragraph 1 of Schedule 1 to the principal Order (applications for listed buildings consent), after sub-paragraph (1) insert—
(b) a statement about how issues relating to access to the building have been dealt with. (1B) The form and content of a statement mentioned in sub-paragraph (1A) is such as is prescribed.". (3) Article 26 of the principal Order ceases to have effect.
25A.—(1) The Department may decline to determine a relevant application if—
(b) the Department thinks there has been no significant change in the relevant considerations since the relevant event. (2) The condition is that in the period of 2 years ending with the date on which the application mentioned in paragraph (1) is received the Department has refused a similar application under Article 31.
(b) under Article 33 in respect of a similar application. (4) The condition is that—
(b) there has been no appeal to the planning appeals commission against any such refusal. (5) A relevant application is an application for planning permission for the development of any land.
(b) any other material considerations. (7) The relevant event is—
(b) for the purposes of paragraph (3) the dismissal of the appeal. (8) An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.
(b) the planning appeals commission on an appeal under Article 32 or 33, and the Department or, as the case may be, the planning appeals commission, has not issued its decision.
(b) has been refused by the Department; or (c) has not been determined by the Department within the determination period, and the time within which an appeal could be made to the planning appeals commission under Article 32 or 33 has not expired.
(b) such longer period as the applicant and the Department have agreed for the determination of the application.". (2) In Article 33(c) of the principal Order (appeal in default of planning decision), after "25A" insert "or 25AA". Power to decline to determine subsequent application 4A.—(1) The Department may decline to determine an application for a relevant consent if—
(b) the Department thinks there has been no significant change in any material considerations since the relevant event. (2) The condition is that in the period of 2 years ending with the date on which the application mentioned in sub-paragraph (1) is received the Department has refused a similar application made under paragraph 1.
(b) under paragraph 8 in respect of a similar application. (4) The condition is that—
(b) there has been no appeal to the planning appeals commission against any such refusal. (5) Relevant consent is—
(b) consent under Article 51 (conservation area consent). (6) The relevant event is—
(b) for the purposes of sub-paragraph (3) the dismissal of the appeal. (7) An application for relevant consent is similar to another application if (and only if) the Department thinks that the building and works to which the applications relate are the same or substantially the same.
(b) has been refused by the Department; or (c) has not been determined by the Department within the determination period, and the time within which an appeal could be made to the planning appeals commission under paragraph 7 or 8 has not expired.
(b) consent under Article 51 (conservation area consent). (6) An application for relevant consent is similar to another application if (and only if) the Department thinks that the building and works to which the applications relate are the same or substantially the same.
(b) such longer period as the applicant and the Department have agreed for the determination of the application. (8) For the purposes of an application for consent under Article 51 (conservation area consent) a reference to a provision of this Order is a reference to that provision as excepted or modified by regulations under Article 51(5).". (4) In paragraph 8 of Schedule 1 to the principal Order (appeal in default of planning decision) after "decision on the application" insert "or gives notice to the applicant that it has exercised its power under paragraph 4A or 4B to decline to determine the application".
(b) an application for approval of reserved matters (within the meaning of Article 35) must be made.". (2) In paragraph 5 of Schedule 1 to that Order (listed building consent to execute works without compliance with conditions previously attached), after sub-paragraph (4) add—
(3) This Article has effect only in relation to applications for planning permission, listed building consent or consent under Article 51 of the principal Order (conservation area consent) which are received by the Department after the coming into operation of this Article.
(b) any appropriate district council; (c) such other persons or bodies as may be prescribed. (3A) A designation under this Article may be made without consulting the persons or bodies mentioned in paragraph (3)(c), but a designation made without such consultation shall only have effect for a period of 6 months beginning on the date on which the designation was made.". Temporary stop notice Temporary stop notice 67E.—(1) This Article applies if the Department thinks—
(b) that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately. (2) The Department may issue a temporary stop notice.
(b) prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice); (c) set out the Department's reasons for issuing the notice. (4) A temporary stop notice may be served on any of the following—
(b) a person who the Department thinks is an occupier of the land; (c) a person who the Department thinks has an estate in the land. (5) The Department shall display on the land—
(b) a statement of the effect of the notice and of Article 67G. (6) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of paragraph (5).
(b) at the end of such shorter period starting on that day as is specified in the notice; or (c) if it is withdrawn by the Department. Temporary stop notice: restrictions
(b) the carrying out of an activity of such description or in such circumstances as is prescribed. (2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether continuously or not) for a period of 4 years ending with the day on which the copy of the notice is first displayed as mentioned in Article 67E(6).
(b) the deposit of refuse or waste materials. (4) For the purposes of paragraph (2) any period during which the activity is authorised by planning permission shall be ignored.
(b) a copy of which has been displayed in accordance with Article 67E(5). (2) Contravention of a temporary stop notice includes causing or permitting the contravention of the notice.
(b) that he did not know, and could not reasonably have been expected to know, of its existence. (6) A person convicted of an offence under this Article is liable—
(b) on conviction on indictment, to a fine. (7) In determining the amount of the fine the court shall have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.". (2) After Article 67A of the Planning (Northern Ireland) Order 1972 (NI 17) insert—
67B.—(1) This Article applies if and only if a temporary stop notice is issued and at least one of the following sub-paragraphs applies—
(b) a certificate in respect of the activity is issued under Article 83A of the Planning Order or granted under that Article by virtue of Article 83E of that Order; (c) the Department withdraws the notice. (2) Paragraph (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in Article 67E(6) of the Planning Order.
(b) in the case of a claimant who was required to provide information under Article 67C or 125 of the Planning Order in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the Department when responding to the notice. (8) Any question of disputed compensation under this Article shall be determined by the Lands Tribunal.". (3) In Article 124 of the principal Order (planning register), in paragraph (1) after sub-paragraph (m) add—
Increase in fines for unlawful advertisements
(b) in sub-paragraph (b)—
(ii) for "him" substitute "the member or members". (3) In paragraph (2)—
(b) in sub-paragraph (b)—
(ii) for "him" substitute "the member or members". (4) For paragraph (5A) substitute—
(b) by a single commissioner.". Fees and charges
127.—(1) The Department may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—
(b) anything done by the Department which is calculated to facilitate or is conducive or incidental to the performance of any such function. (2) The Office of the First Minister and deputy First Minister may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—
(b) an appeal to the planning appeals commission under this Order. (3) Regulations under this Article may prescribe—
(b) provision as to the calculation of any charge or fee; (c) circumstances in which no charge or fee is to be paid; (d) circumstances in which any charge or fee paid is to be remitted or refunded (in whole or in part).". Correction of errors in decision documents 17.—(1) This Article applies if the Department issues a decision document which contains a correctable error. (2) The Department may correct the error—
(b) if it sends a statement in writing to the applicant which explains the error and states that it is considering making the correction. (3) But the Department shall not correct the error unless—
(b) it obtains the appropriate consent. (4) The relevant period is the period specified for the purposes of paragraph (3)(a) in a development order.
(b) if the applicant is not the owner of the land in respect of which the decision was made, the consent in writing of both the applicant and the owner. (6) But consent is not appropriate consent if it is given subject to a condition.
(b) gives notice of its decision not to correct such an error. (2) The Department shall give the correction notice to—
(b) if the applicant is not the owner of the land in respect of which the original decision was made, the owner; (c) if the correction was requested by any other person, that person. Effect of correction
(b) the decision is taken for all purposes to have been made on the date the correction notice is issued. (2) If a correction is not made—
(b) nothing in this Part affects anything done in pursuance of or in respect of the decision. Supplementary
(b) a decision to grant outline planning permission; (c) a decision to approve reserved matters (within the meaning of Article 35 of the principal Order); (d) any decision to grant planning permission under sub-paragraph (a) of paragraph (1) of Article 71 of the principal Order or to discharge a condition or limitation under sub-paragraph (b) of that paragraph; (e) a decision to grant or to refuse to grant a certificate under Article 83A or 83B of the principal Order; (f) any decision relating—
(ii) to an application for consent under any regulations made under Article 67 of the principal Order, or (iii) to any certificate or direction under any such order or regulations; (g) a decision on an application for listed building consent under Article 44(2) or (3) of the principal Order; (3) A correctable error is an error—
(b) which is not part of any reasons given for the decision. (4) The applicant is in the case of a decision made on an application under the principal Order, the person who made the application. Crown application 21.—(1) In Part XII of the principal Order before Article 113 (application to Crown land) insert—
112A.—(1) This Order (except Articles 74, 76B, 80 and 82B) binds the Crown. (2) But paragraph (1) is subject to express provision made by the following provisions of this Part. Enforcement in relation to the Crown 112B.—(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Order. (2) But paragraph (1) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in Article 44(7)(a) to (d). (3) The Department shall not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (4) The appropriate authority may give consent under paragraph (3) subject to such conditions as it thinks appropriate. (5) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Order. (6) A step taken for the purposes of enforcement includes—
(b) bringing proceedings; (c) the making of an application. (7) A step taken for the purposes of enforcement does not include—
(b) the making of an order (other than by a court). References to an estate in land
(b) a determination under Article 48 or a certificate under Article 83B. (2) The Department may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (2) Section 60 of the Mineral Development Act (Northern Ireland) 1969 (c. 35) (application of Planning Orders to certain mining development on Crown property) ceases to have effect.
123A.—(1) Subject to paragraph (2), at any public local inquiry or independent examination held under this Order oral evidence shall be heard in public and documentary evidence shall be open to public inspection. (2) If the Secretary of State is satisfied in the case of any such inquiry or examination—
(b) that the public disclosure of that information would be contrary to the national interest, he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry or examination by such persons or persons of such descriptions as he may specify in the direction.
(b) the measures taken or to be taken to ensure the security of any premises or property. (4) If the Secretary of State is considering giving a direction under paragraph (2) the Advocate General for Northern Ireland may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at an inquiry or examination if the direction is given.
(b) as to the functions of a person appointed under paragraph (4) or (5). (7) Rules made under paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
(ii) the measures taken or to be taken to ensure the security of any premises or property; and (b) that the public disclosure of information as to any of those matters would be contrary to the national interest, he may certify that the application is one to which this Article applies.
(b) enabling the Department to dispense with an inquiry where the Department has not received any objections or representations in respect of an application to which this Article applies or where every objection or representation made in respect of such an application is withdrawn. (4) Articles 31, 32(1), 33, 56, 57(1), 83E, 123(1), paragraphs 7(1) and 8 of Schedule 1, paragraphs 6(11) and (12), 11 and 13 of Schedule 1A and paragraphs 9 and 10 of Schedule 1B do not apply in relation to an application to which this Article applies. (2) In Article 123 of the principal Order (local inquiries), in paragraph (2) after "procedure" insert "(except the procedure in relation to any matter for which rules under paragraph (6) of Article 123A or paragraph (3) of Article 123B may make provision)".
(b) either the second or third condition is satisfied. (6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the Department.
(b) before the end of the period of 2 years starting with that date.". Subordinate legislation
(b) is made before the coming into operation of Article 21 of this Order; and (c) is specified in the order. Crown application: transitional Aftercare conditions 26.After Article 27 of the principal Order (conditional grant of planning permission) insert—
27A.—(1) Where—
(b) the permission is subject to a condition requiring that after the winning and working is completed or the depositing has ceased, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material, it may be granted subject also to any such condition as the Department thinks fit requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—
(ii) use for forestry; or (iii) use for amenity. (2) In this Order—
(b) a condition requiring such steps to be taken as are mentioned in that paragraph is referred to as "an aftercare condition". (3) An aftercare condition may either—
(b) require that the steps be taken in accordance with a scheme (in this Order referred to as an "aftercare scheme") approved by the Department. (4) The Department may approve an aftercare scheme in the form in which it is submitted to it or may modify it and approve it as modified.
(b) the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased, the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.
Review of mineral planning permissions
63A.—(1) Schedules 1A and 1B shall have effect. (2) Without prejudice to the generality of Article 13, a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule 1A or 1B. (3) In this Article and in Schedules 1A and 1B "minerals development" means development consisting of mining operations or involving the deposit of mineral waste.". (2) The provisions set out in Schedule 3 to this Order shall be inserted after Schedule 1 to the principal Order as Schedules 1A and 1B to that Order.
(4) In Article 2(2) of the principal Order (interpretation) there shall be inserted, in the appropriate places in alphabetical order, the following definitions—
Amendments and repeals 28.—(1) The statutory provisions set out in Schedule 4 have effect subject to the amendments set out in that Schedule. (2) The statutory provisions specified in Schedule 5 are repealed to the extent specified there. A.K. Galloway Clerk of the Privy Council 1.In paragraph (1) of Article 2 of the principal Order (interpretation), at the beginning insert "Subject to Article 112E(2),". 2.In Article 60 of the principal Order (effect of hazardous substances consent and change of control of land), after paragraph (3) insert—
3.After Article 84C of the principal Order (rights of entry for enforcement purposes: supplementary provisions) insert—
84D.—(1) Article 84A applies to Crown land subject to the following modifications. (2) In paragraph (1) of Article 84A, sub-paragraphs (b) and (c) are omitted. (3) A person shall not enter Crown land unless he has the relevant permission. (4) Relevant permission is the permission of—
(b) the appropriate authority. (5) Articles 84B and 84C do not apply to anything done by virtue of this Article. 4.After Article 122 of the principal Order (supplementary provisions as to rights of entry) insert—
122A.—(1) Article 121 applies to Crown land subject to the following modifications. (2) A person shall not enter Crown land unless he has the relevant permission. (3) Relevant permission is the permission of—
(b) the appropriate authority. (4) In paragraph (4) the words from ", but a person" to the end of that paragraph shall be omitted. 5.—(1) Article 87 of the principal Order (acquisition of land for planning purposes) is amended as follows. (2) At the beginning of paragraph (1), insert "Subject to paragraph (1A),". (3) After paragraph (1) insert—
(b) the appropriate authority consents to the acquisition.". (4) After paragraph (9) insert—
6.In Article 109 of the principal Order (compulsory acquisition of listed buildings) after paragraph (6) add—
(b) the appropriate authority consents to the acquisition. (8) "Appropriate authority" and "Crown land" shall be construed in accordance with Article 118(1).". 7.After Article 94 of the principal Order (service of purchase notice) insert—
94A.—(1) A purchase notice may be served in respect of Crown land only as mentioned in this Article. (2) The owner of a private estate in Crown land shall not serve a purchase notice unless—
(b) the offer is refused by the appropriate authority. (3) An offer is made on equivalent terms if the price payable for the estate is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable if it were acquired in pursuance of a purchase notice. 8.Articles 113 and 114 of the principal Order are omitted. 9.—(1) Article 115 of the principal Order (tree preservation orders in anticipation of disposal of Crown land) is omitted. (2) But the repeal of Article 115 does not affect its operation in relation to a tree preservation order made by virtue of that Article before the coming into operation of this paragraph. 10.—(1) Article 116 of the principal Order (control of development on Crown land) is omitted. (2) But the repeal of Article 116 does not affect its operation in relation to development carried out before the coming into operation of this paragraph. 11.—(1) Article 117 of the principal Order (requirement of planning permission for continuance of use instituted by Crown) is omitted. (2) But the repeal of Article 117 does not affect its operation in relation to a direction made as mentioned in paragraph (1) of that Article before the coming into operation of this paragraph. 12.—(1) Article 118 of the principal Order is amended as follows. (2) In paragraph (1) for the definition of "Crown estate" substitute—
(b) an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) such other estate as the Department may specify by order subject to affirmative resolution;". (3) After paragraph (1) insert—
(4) Paragraph (3) is omitted. 13.After Article 125 of the principal Order (information as to estates in land) insert—
125A.—(1) This Article applies to an estate in Crown land which is not a private estate. (2) Article 125 does not apply to an estate to which this Article applies. (3) For a purpose mentioned in Article 125(1) the Department may request the appropriate authority to give it such information as to the matters mentioned in Article 125(2) as the Department specifies in the request. (4) The appropriate authority shall comply with a request under paragraph (3) except to the extent—
(b) that to do so will disclose information as to any of the matters mentioned in Article 123A(3). (5) Expressions used in this Article and in Part XII shall be construed in accordance with that Part.". 1.This Part applies to a development if—
(b) it is not a development or of a description of development for which planning permission is granted by virtue of a development order, and (c) before the relevant date proposed development notice had been given to the Department. 2.In this Part—
(b) proposed development notice is notice of a proposal for development given by the developer in pursuance of arrangements made by the Department in relation to development by or on behalf of the Crown; (c) the developer is the Crown or a person acting on behalf of the Crown. 3.—(1) This paragraph applies if before the relevant date in pursuance of the arrangements the Department has given notice to the developer that it finds the proposed development acceptable. 5.—(1) This paragraph applies if before the relevant date—
(b) the Department has not given notice to the developer as mentioned in paragraph 3. (2) The principal Order applies as if the proposal is an application for planning permission duly made under that Order. 6.This Part applies to works if—
(b) before the relevant date proposed works notice had been given to the Department. 7.In this Part—
(b) proposed works notice is notice of a proposal for works given by the person proposing to carry out the works (the developer) in pursuance of arrangements made by the Department in relation to development by or on behalf of the Crown; (c) the developer is the Crown or a person acting on behalf of the Crown. 8.—(1) This paragraph applies if before the relevant date in pursuance of the arrangements the Department has given notice to the developer that it finds the proposed works acceptable. 10.—(1) This paragraph applies if before the relevant date—
(b) the Department has not given notice to the developer as mentioned in paragraph 8. (2) The principal Order applies as if the proposal is an application for listed building consent duly made under that Order. 12.—(1) This paragraph applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land. (2) The appropriate authority shall make a claim in the prescribed form before the end of the transitional period. (3) The claim shall contain the prescribed information as to—
(b) how and where the substance was kept and used. (4) Unless sub-paragraph (5) or (7) applies, the Department is deemed to have granted the hazardous substances consent claimed in pursuance of sub-paragraph (2).
(b) give the claimant the Department's reasons for that opinion. (7) This sub-paragraph applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.
(b) to such other conditions (if any) as are prescribed for the purposes of this paragraph and are applicable in the case of the consent. (9) A substance is present for the purposes of sub-paragraph (8)(a) if—
(b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or (c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it, and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of heads (a) to (c) shall be counted only once. 1.—(1) In this Schedule—
(2) For the purposes of this Schedule "mineral site" means—
(b) in any other case, the land to which a relevant planning permission relates. (3) Any reference (however expressed) in this Schedule to a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.
(b) the depth to which operations for the winning and working of minerals may extend; (c) the height of any deposit of mineral waste; (d) the rate at which any particular mineral may be extracted; (e) the rate at which any particular mineral waste may be deposited; (f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or (g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site, is restricted or reduced in respect of the mineral site in question.
(b) any time for appealing under paragraph 11(1), or applying or further applying under paragraph 9, (where there is a right to do so) has expired. 2.—(1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.
(b) some only of the relevant planning permissions which relate to the site have been granted after 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of that site. (3) With the exception of those mineral sites which, by virtue of sub-paragraph (2), are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.
(b) some only of the relevant planning permissions which relate to the site were granted before 31st December 1980 and the parts of the site to which those permissions relate constitute the greater part of that site, that mineral site is a Phase I site.
(b) some only of the relevant planning permissions which relate to the site were granted after 31st December 1980 but before 31st December 1993, and the parts of the site to which those permissions relate constitute the greater part of the site, the mineral site is a Phase II site. 3.—(1) the Department shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites ("the first list"). (2) A site shall, but shall only, be included in the first list if it is either—
(b) an active Phase II site; or (c) a dormant site. (3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site. 4.—(1) The Department shall, in accordance with the following provisions of this paragraph, prepare a list of active Phase II sites ("the second list"). (2) The second list shall include each mineral site which is an active Phase II site. (3) In respect of each site included in the second list, that list shall specify the date by which an application is to be made to the Department under paragraph 9. (4) Any date specified pursuant to sub-paragraph (3) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5. 5.—(1) This paragraph makes provision for the advertisement of the first and second lists. (2) The Department shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating throughout Northern Ireland, notice of the list having been prepared. (3) In respect of each of those lists, such notice shall—
(b) specify one or more places at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded. (4) In respect of the first list, such notice shall—
(b) explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase I site included in the list by the date specified in the list for that site; (c) explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—
(ii) set out the date by which such an application must be made; and (iii) state that the owner of such a site has a right of appeal against any decision of the Department upon such an application; and (d) explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9, and set out the date by which an application for such postponement must be made. (5) In respect of the second list, such notice shall explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase II site included in the list by the date specified in the list for that site. 6.—(1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the Department for that land or interest to be included in that list. (2) An application under sub-paragraph (1) shall be made no later than the day upon which expires the period of 3 months from the day when the first list was first advertised in accordance with paragraph 5. (3) Where the Department considers that—
(b) part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, it shall accede to the application so far as it relates to that part of the land or interest, but shall otherwise refuse the application.
(b) where it considers that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, it shall amend the entry in the first list for that site accordingly. (5) Where the Department amends the first list in accordance with sub-paragraph (4), it shall also—
(b) in a case where—
(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 is a date falling less than 12 months after the date upon which the Department makes its decision upon the application in question, cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application. (6) Any date specified pursuant to sub-paragraph (5)(a) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.
(b) where it considers that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, it shall amend the entry in that list for that site accordingly. (8) Where the Department amends the second list in accordance with sub-paragraph (7), it shall also—
(b) in a case where—
(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 is a date falling less than 12 months after the date upon which the Department makes its decision upon the application in question, cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application. (9) Any date specified pursuant to sub-paragraph (8)(a) shall be a date not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the Department's decision upon his application.
(b) accedes to such an application only so far as it relates to part of the land or interest in respect of which it was made, the applicant may by notice appeal to the planning appeals commission.
(b) in the case of an appeal under sub-paragraph (12), the end of the first period mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph. 7.—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in—
(b) an active Phase II site included in the second list, may apply to the Department for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the Department under paragraph 9 (in this paragraph referred to as "the specified date").
(b) in the case of an active Phase II site, the second list, was first advertised in accordance with paragraph 5.
(ii) in respect of which the entry in the first list was amended in accordance with paragraph 6(4)(b); or
(ii) in respect of which the entry in the second list was amended in accordance with paragraph 6(7)(b), an application under sub-paragraph (1) shall be made no later than the day upon which expires the period of 3 months from the day on which notice was given under paragraph 6(10) of the Department's decision to add the site to or, as the case may be, so to amend the list in question. (4) An application under sub-paragraph (1) shall be in writing and shall—
(b) set out the applicant's reasons for considering those conditions to be satisfactory; (c) set out the date which the applicant wishes to be substituted for the specified date; and (d) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5)). (5) For the purposes of sub-paragraph (4), the appropriate certificate is such a certificate—
(b) with such modifications as are required for the purposes of this paragraph, and Article 22(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(b) in any other case it shall refuse the application. (7) Where the Department agrees to the specified date being postponed it shall cause the first or, as the case may be, the second list to be amended accordingly.
(b) having determined that the date referred to in sub-paragraph (4)(c) be substituted for the specified date, and sub-paragraph (7) shall apply accordingly. 8.—(1) The Department shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5, serve notice in writing of the first list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7). (2) A notice required to be served by sub-paragraph (1) shall—
(b) where that site is an active Phase I site—
(ii) explain the consequences which will occur if such an application is not made by the date so specified; and (iii) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made. (3) Where, in relation to any land or mineral included in an active Phase I site, the Department—
(b) has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question, the Department shall serve a written reminder on that person, and such a reminder shall—
(ii) comply with the requirements of sub-paragraph (2)(b)(i) and (ii); and (iii) be served on that person on or before the date falling 4 weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the Department under paragraph 9. (4) The Department shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5, serve notice in writing of the second list having been prepared on each person appearing to it to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7).
(b) indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the Department under paragraph 9; (c) explain the consequences which will occur if such an application is not made by the date so specified; and (d) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made. (6) Where, in relation to any land or mineral included in an active Phase II site, the Department—
(b) has received no application under paragraph 9 from that person by the date falling 8 weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question, the Department shall serve a written reminder on that person, and such a reminder shall—
(ii) be served on that person on or before the date falling 4 weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the Department under paragraph 9. (7) Sub-paragraph (1) or (4) shall not require the Department to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by it, but in any such case the Department shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which it would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
(b) be first displayed—
(ii) in a case where the requirement arises under sub-paragraph (8), no later than the date falling 4 weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the Department under paragraph 9; and (c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the Department, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the Department has taken reasonable steps for protection of the notice and, if need be, its replacement. (10) In sub-paragraphs (7) and (8), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.
(b) by sub-paragraph (8) to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph, fails to comply with that requirement by the date specified for the purpose, it may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 is the date upon which expires the period of 3 months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph. 9.—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase I or II site, apply to the Department to determine the conditions to which the relevant planning permissions relating to that site are to be subject. (2) An application under this paragraph shall be in writing and shall—
(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest; (c) identify any relevant planning permissions relating to the site; (d) identify, and give a postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site; (e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject; and (f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3)). (3) For the purposes of sub-paragraph (2), the appropriate certificate is such a certificate—
(b) with such modifications as are required for the purposes of this paragraph, and Article 22(6) (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject. (8) Subject to sub-paragraph (10), where, within the period of 6 months from the Department having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the Department, the Department has not given notice to the applicant of its decision upon the application, the Department shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
(b) specifying the further details which it requires, and where the Department so serves such a notice the period of 6 months referred to in sub-paragraph (8) shall run not from the Department having received the application but from the time when the Department has received all the further details specified in the notice.
(b) evidence verifying any particulars of details supplied to the Department in respect of the application in question, which it is reasonable for the Department to request for the purpose of enabling it to determine the application. 10.—(1) This paragraph applies in a case where—
(b) those conditions differ in any respect from the proposed conditions set out in the application; and (c) the effect of the conditions, other than any restoration or aftercare conditions, so determined by the Department, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the Department making the determination, is to restrict working rights in respect of the site. (2) In a case where this paragraph applies, the Department shall, upon giving to the applicant notice of the conditions determined by the Department under paragraph 9, also give to the applicant notice—
(b) stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the Department, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions relating to the site in question were subject immediately prior to the making of the Department's determination, is to restrict working rights in respect of the site; (c) identifying the working rights so restricted; and (d) stating whether, in the opinion of the Department, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—
(ii) the asset value of the site. (3) In this paragraph, "the applicant" means the person who made the application in question under paragraph 9. 11.—(1) Where the Department—
(b) gives notice, under paragraph (d) of paragraph 10(2), stating that, in its opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d), the person w |