Paragraph 3 F1

Not yet in force

(1)

On granting a consent under Article 39 or 40 in respect of any operation or change of use that constitutes development, the Department may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2)

The provisions of the F2Planning Act (Northern Ireland) 2011 (except section 58 (appeals)) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this paragraph as if it had been granted by F3a council on an application under that Act.

(3)

On granting a consent under Article 39 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Department may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(4)

Before giving a direction under sub-paragraph (3) the Department shall consult—

(a)

the Department of the Environment; and

(b)

the Health and Safety Executive for Northern Ireland.

(5)

The provisions of the F4Planning Act (Northern Ireland) 2011 (except section 115 (appeals)) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of a direction under this paragraph as if it had been granted by F5a council on an application under that Act.

(6)

F6Section 242 of the Planning Act (Northern Ireland) 2011 shall have effect as if planning permissions and hazardous substances consents deemed to be granted by virtue of a direction under this paragraph were included in the list of matters in paragraph (1) of F7that Act.

(7)

In this paragraph —

(a)

“ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station;

(b)

expressions which are also used in the Planning (Northern Ireland) Order 1991 have the same meanings as in that Order.

Annotations

Textual amendments

F1: Sch. 8 para. 3 added (prosp.) by Electricity Consents (Planning) (Northern Ireland) Order 2006 (S.I. 2006/2955 (N.I. 19), arts. 1(2), 2(4)
F2: Words in Sch. 8 para. 3(2) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(b)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)
F3: Words in Sch. 8 para. 3(2) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(b)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)
F4: Words in Sch. 8 para. 3(5) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(c)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)
F5: Words in Sch. 8 para. 3(5) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(c)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)
F6: Words in Sch. 8 para. 3(6) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(d)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)
F7: Words in Sch. 8 para. 3(6) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(d)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)