The Planning (Northern Ireland) Order 1991
1991/1220 · Made 21 May 1991 · Extends to Northern Ireland
21st May 1991 C1
Annotations to the whole text
Modifications
- C1
Order modified by Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R. 2003/493), Sch. 3 Pt. I para. 11 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2)))
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- 2AService of Notices and Documents Repealed
- Part II: FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND
- 3General functions of Department of the Environment with respect to development of land Repealed
- 3AStatement of community involvement Not yet in force
- Part III: DEVELOPMENT PLANS
- 4Development plans
- 5Publicity and consultation
- 6Publicity and consultation-short procedure for certain alterations, etc.
- 7Independent examination
- 8Adoption by Department
- 9Incorporation in development plans of certain orders and schemes
- 10Regulations as to development plans
- 10ASustainable development Not yet in force
- Part IV: PLANNING CONTROL
- Chapter: “Development” and requirement of planning permission
- 11Meaning of “development” Repealed
- 12Development requiring planning permission Repealed
- Chapter: Development orders
- 13Development orders Repealed
- Chapter: Simplified planning zone schemes
- 14Simplified planning zones Repealed
- 15Simplified planning zone schemes: conditions and limitations on planning permission Repealed
- 16Duration of simplified planning zone scheme Repealed
- 17Alteration of simplified planning zone scheme Repealed
- 18Exclusion of certain descriptions of land Repealed
- Chapter: Grant of planning permission in enterprise zones
- 19Grant of planning permission in enterprise zones Repealed
- Chapter: Planning applications
- 20Form and content of applications Repealed
- 21Publication of notices of applications Repealed
- 22Notification of applications to certain persons Repealed
- 23Notice requiring planning application Repealed
- 24Appeal against notice under Article 23 Repealed
- Determination of planning applications
- 25Determination of planning applications Repealed
- 25APower to decline to determine subsequent application Repealed
- 25AAPower to decline to determine overlapping application Repealed
- 25BAssessment of environmental effects Repealed
- 26Duty to draw attention to certain provisions for benefit of disabled Repealed
- 27Conditional grant of planning permission Repealed
- 27APower to impose aftercare conditions on grant of mineral planning permission Not yet in force
- 28Permission to develop land without compliance with conditions previously attached Repealed
- 28APlanning permission for development already carried out Repealed
- 30Effect of planning permission Repealed
- 31Special procedure for major planning applications Repealed
- Chapter: Appeals
- 32Appeals Repealed
- 33Appeal in default of planning decision Repealed
- Chapter: Duration of planning permission
- 34Duration of planning permission Repealed
- 35Duration of outline planning permission Repealed
- 36Provisions supplementary to Articles 34 and 35 Repealed
- 37Termination of planning permission by reference to time limit Repealed
- Chapter: Revocation or modification of planning permission
- 38Revocation or modification of planning permission Repealed
- Additional powers of control
- 39Orders requiring discontinuance of use or alteration or removal of buildings or works Repealed
- 40Planning agreements Repealed
- 40AModification and discharge of planning agreements Repealed
- 40BAppeals Repealed
- Part V: ADDITIONAL PLANNING CONTROL
- Chapter: Buildings of special architectural or historic interest
- 42Lists of buildings of special architectural or historic interest Repealed
- 42ATemporary listing: building preservation notices Repealed
- 42BTemporary listing in urgent cases Repealed
- 42CLapse of building preservation notices Repealed
- 43Issue of certificate that building is not intended to be listed Repealed
- 44Control of works for demolition, alteration or extension of listed buildings Repealed
- 45Provisions supplementary to Article 44 Repealed
- 46Duration of listed building consent Repealed
- 47Revocation or modification of listed building consent Repealed
- 48Applications to determine whether listed building consent required Repealed
- 49Acts causing or likely to result in damage to listed buildings Repealed
- Chapter: Areas of special architectural or historic interest
- 50Conservation areas Repealed
- 51Control of demolition in conservation areas Repealed
- 52Grants in relation to conservation areas Repealed
- Chapter: Hazardous substances
- 53Requirement of hazardous substances consent Repealed
- 54Applications for hazardous substances consent Repealed
- 55Determination of applications for hazardous substances consent Repealed
- 56Special procedure for major applications Repealed
- 57Appeals Repealed
- 58Grant of hazardous substances consent without compliance with conditions previously attached Repealed
- 59Revocation or modification of hazardous substances consent Repealed
- 60Effect of hazardous substances consent and change of control of land Repealed
- 61Offences Repealed
- 62Emergencies Repealed
- 63Health and safety requirements Repealed
- 63AReview of mineral planning permissions Not yet in force
- Chapter: Trees
- 64Duty of Department in relation to trees Repealed
- 65Tree preservation orders Repealed
- 65AProvisional tree preservation orders Repealed
- 65BReplacement of trees Repealed
- 66Penalties for contravention of tree preservation orders Repealed
- 66APreservation of trees in conservation areas Repealed
- 66BPower to disapply Article 66A Repealed
- Chapter: Advertisements
- 67Control of advertisements Repealed
- Part VI: ENFORCEMENT
- Introductory
- 67AExpressions used in connection with enforcement Repealed
- 67BTime limits Repealed
- Planning contravention notices
- 67CPower to require information about activities on land Repealed
- 67DPenalties for non-compliance with planning contravention notice Repealed
- Temporary stop notices
- 67ETemporary stop notice Repealed
- 67FTemporary stop notice: restrictions Repealed
- 67GTemporary stop notice: offences Repealed
- Chapter: Enforcement notices
- 68Issue of enforcement notice Repealed
- 68AContents and effect of enforcement notice Repealed
- 68BVariation and withdrawal of enforcement notices Repealed
- 69Appeal against enforcement notice Repealed
- 70Appeal against enforcement notice-general supplementary provisions Repealed
- 71Appeal against enforcement notice – supplementary provisions relating to planning permission Repealed
- 72Offence where enforcement notice not complied with Repealed
- 73Power to stop further development pending proceedings on enforcement notice Repealed
- 74Execution and cost of works required by enforcement notice Repealed
- 75Effect of planning permission, etc., on enforcement or breach of condition notice Repealed
- 76Enforcement notice to have effect against subsequent development Repealed
- Breach of condition
- 76AEnforcement of conditions Repealed
- Injunctions
- 76BInjunctions Repealed
- Chapter: Listed buildings
- 77Listed building enforcement notices Repealed
- 78Appeal against listed building enforcement notice Repealed
- 79Effect of listed building consent on listed building enforcement notice Repealed
- 80Urgent works to preserve building Repealed
- Chapter: Hazardous substances
- 81Hazardous substances contravention notice Repealed
- 81AVariation of hazardous substances contravention notices Repealed
- Chapter: Trees
- 82Enforcement of duties as to replacement of trees Repealed
- 82AAppeals against Article 82 notices Repealed
- 82BExecution and cost of works required by Article 82 notice Repealed
- 82CEnforcement of controls as respects trees in conservation areas Repealed
- Chapter: Discontinuance orders
- 83Enforcement of orders under Article 39 Repealed
- Certificate of lawful use or development
- 83ACertificate of lawfulness of existing use or development Repealed
- 83BCertificate of lawfulness of proposed use or development Repealed
- 83CCertificates under Articles 83A and 83B: supplementary provisions Repealed
- 83DOffences Repealed
- 83EAppeals against refusal or failure to give decision on application Repealed
- 83FFurther provisions as to appeals under Article 83E Repealed
- Chapter: Advertisements
- 84Enforcement of advertisement control Repealed
- Rights of entry for enforcement purposes
- 84ARights to enter without warrant Repealed
- 84BRight to enter under warrant Repealed
- 84CRights of entry: supplementary provisions Repealed
- 84DRights of entry for enforcement purposes: Crown land Repealed
- Part VII: DEVELOPMENT SCHEMES AND ACQUISITION OF LAND
- Chapter: Development schemes
- 85Development schemes
- 85APower of Department to survey land for purposes of this Part
- 86Adoption of development schemes
- Chapter: Acquisition of land, etc.
- 87Acquisition of land for planning purposes
- 88Compensation where unfit houses are acquired under this Part
- 89Appropriation of land held for planning purposes
- 90Disposal of land held for planning purposes
- 91Development of land held for planning purposes
- 91APowers of Department before the acquisition of land for planning purposes
- 92Recovery of possession of premises let by Department
- 93Supplementary provisions
- Part VIII: PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS Repealed
- 94Service of purchase notice Repealed
- 94APurchase notices: Crown land Repealed
- 95Action by Department following service of purchase notice Repealed
- 96Further ground of objection to purchase notice Repealed
- 97Reference of counter-notices to Lands Tribunal Repealed
- 98Effect of valid purchase notice Repealed
- 99Special provision as to compensation under this Part Repealed
- Part IX: ROADS
- 100Orders extinguishing right to use vehicle on road
- 101Provision of amenity for road reserved to predestrians
- 102Extinguishment of public rights of way
- 103Procedure for making orders under Article 100 or 102
- 104Electronic communications apparatus
- Part X: FURTHER PROVISIONS AS TO HISTORIC BUILDINGS Repealed
- 105Historic Buildings Council Repealed
- 106Grants and loans for preservation or acquisition of listed buildings Repealed
- 107Acquisition of listed buildings by agreement Repealed
- 108Acceptance by Department of endowments in respect of listed buildings Repealed
- 109Compulsory acquisition of listed buildings Repealed
- Part Xl: THE PLANNING APPEALS COMMISSION
- 110The Planning Appeals Commission Repealed
- 111Procedure of appeals commission Repealed
- Part XII: APPLICATION OF ORDER TO SPECIAL CASES
- Chapter: Minerals
- 112Minerals Repealed
- Chapter: Crown land
- 112AApplication to the Crown
- 112BEnforcement in relation to the Crown
- 112CReferences to an estate in land
- 112DApplications for planning permission, etc. by Crown Repealed
- 112EService of notices on the Crown
- 113Application to Crown land Repealed
- 114Application for planning permission, etc. in anticipation of disposal of Crown land Repealed
- 115Tree preservation orders in anticipation of disposal of Crown land Repealed
- 116Control of development on Crown land Repealed
- 117Requirement of planning permission for continuance of use instituted by Crown Repealed
- 118Interpretation of Part XII
- XlllMISCELLANEOUS AND SUPPLEMENTARY
- 119Grants for research and bursaries Repealed
- 120Grants to bodies providing assistance in relation to certain development proposals Repealed
- 121Rights of entry
- 122Supplementary provisions as to powers of entry
- 122ASupplementary provisions as to powers of entry: Crown land
- 123Local inquiries Repealed
- 123AInquiries to be held in public subject to certain exceptions Repealed
- 123BNational security Repealed
- 124Planning register Repealed
- 125Information as to estates in land
- 125AInformation as to estates in Crown land
- 126Power to appoint advisory bodies or committees Repealed
- 127Fees and charges Repealed
- 128Time limit for certain summary offences under this Order Repealed
- 129Regulations and orders Repealed
- 130Financial provision
- 131Registration of matters in Statutory Charges Register Repealed
- 132Transitional provisions Repealed
- Schedule 1: LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS Repealed
- 1Form and content of applications Repealed
- 2Publication of notices of applications Repealed
- 3Notification of applications to certain persons Repealed
- 4Determination of application Repealed
- Part: Power to decline to determine application Repealed
- 4APower to decline to determine subsequent application Repealed
- 4BPower to decline to determine overlapping application Repealed
- 5Consent to execute works without compliance with conditions previously attached Repealed
- 6Effect of listed building consent Repealed
- 7Appeals Repealed
- 8Appeal in default of planning decision Repealed
- Schedule 1A: REVIEW OF OLD MINERAL PLANNING PERMISSIONS Not yet in force
- Part: Interpretation Not yet in force
- 1Paragraph 1 Not yet in force
- Part: Phase I and II sites Not yet in force
- 2Paragraph 2 Not yet in force
- Part: The “first list” Not yet in force
- 3Paragraph 3 Not yet in force
- Part: The “second list” Not yet in force
- 4Paragraph 4 Not yet in force
- Part: Advertisement of the first and second lists Not yet in force
- 5Paragraph 5 Not yet in force
- Part: Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications Not yet in force
- 6Paragraph 6 Not yet in force
- Part: Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory Not yet in force
- 7Paragraph 7 Not yet in force
- Part: Service on owners etc. of notice of preparation of the first and second lists Not yet in force
- 8Paragraph 8 Not yet in force
- Part: Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed Not yet in force
- 9Paragraph 9 Not yet in force
- Part: Notice of determination of conditions to be accompanied by additional information in certain cases Not yet in force
- 10Paragraph 10 Not yet in force
- Part: Right to appeal against Department's determination of conditions etc. Not yet in force
- 11Paragraph 11 Not yet in force
- Part: Permissions ceasing to have effect Not yet in force
- 12Paragraph 12 Not yet in force
- Part: Special procedure for major applications under paragraph 9 Not yet in force
- 13Paragraph 13 Not yet in force
- Part: Two or more applicants Not yet in force
- 14Paragraph 14 Not yet in force
- Part: Compensation Not yet in force
- 15Paragraph 15 Not yet in force
- Part: Appeals: general procedural provisions Not yet in force
- 16Paragraph 16 Not yet in force
- Schedule 1B: PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS Not yet in force
- Part: Duty to carry out periodic reviews Not yet in force
- 1Paragraph 1 Not yet in force
- Part: Interpretation Not yet in force
- 2Paragraph 2 Not yet in force
- Part: The first review date Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Part: Service of notice of first periodic review Not yet in force
- 5Paragraph 5 Not yet in force
- Part: Application for postponement of the first review date Not yet in force
- 6Paragraph 6 Not yet in force
- Part: Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject Not yet in force
- 7Paragraph 7 Not yet in force
- Part: Permissions ceasing to have effect Not yet in force
- 8Paragraph 8 Not yet in force
- Part: Appeals Not yet in force
- 9Paragraph 9 Not yet in force
- Part: Special procedure for major applications under paragraph 7 Not yet in force
- 10Paragraph 10 Not yet in force
- Part: Time from which conditions determined under this Schedule are to take effect Not yet in force
- 11Paragraph 11 Not yet in force
- Part: Two or more applicants Not yet in force
- 12Paragraph 12 Not yet in force
- Part: Second and subsequent periodic reviews Not yet in force
- 13Paragraph 13 Not yet in force
- Part: Compensation Not yet in force
- 14Paragraph 14 Not yet in force
- Schedule 2: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 87(3)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 3: THE HISTORIC BUILDINGS COUNCIL Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 4: TRANSITIONAL PROVISIONS
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule Schedule
- Schedule Schedule