OpenLegislation

The Planning (Northern Ireland) Order 1991

1991/1220 · Made 21 May 1991 · Extends to Northern Ireland

Not fully up to date. 10 changes made by later legislation have not yet been written into this text, which is revised to 28 December 2017.

See the changes not yet applied
ProvisionChangeMade by
art. 127(2)(b)applied by SI 1997/2778 (N.I. 19) art. 58(1A) (as substituted)Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 s. 8(3)
art. 4(2A)insertedThe Planning Reform (Northern Ireland) Order 2006 art. 4(1)
art. 124(1)(o)addedThe Planning Reform (Northern Ireland) Order 2006 art. 27(3)
art. 2(2)words insertedThe Planning Reform (Northern Ireland) Order 2006 art. 27(4)
art. 20(2A)(2B)insertedThe Planning Reform (Northern Ireland) Order 2006 art. 8(1)
art. 26repealedThe Planning Reform (Northern Ireland) Order 2006 art. 8(3) Sch. 5
Sch. 1 para. 1(1A)(1B)insertedThe Planning Reform (Northern Ireland) Order 2006 art. 8(2)
art. 11(2A)insertedThe Planning Reform (Northern Ireland) Order 2006 art. 7
Sch.5rev.in pt. (Prosp.)National Heritage Act 1997 s.3, Sch.1, Pt.II, para.7
Sch. 5rev.in pt.National Heritage Act 1997 s.3, Sch.1, Pt.II, para.7

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

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. 2AService of Notices and Documents Repealed
  5. Part II: FUNCTIONS OF DEPARTMENT OF THE ENVIRONMENT WITH RESPECT TO DEVELOPMENT OF LAND
  6. 3General functions of Department of the Environment with respect to development of land Repealed
  7. 3AStatement of community involvement Not yet in force
  8. Part III: DEVELOPMENT PLANS
  9. 4Development plans
  10. 5Publicity and consultation
  11. 6Publicity and consultation-short procedure for certain alterations, etc.
  12. 7Independent examination
  13. 8Adoption by Department
  14. 9Incorporation in development plans of certain orders and schemes
  15. 10Regulations as to development plans
  16. 10ASustainable development Not yet in force
  17. Part IV: PLANNING CONTROL
  18. Chapter: “Development” and requirement of planning permission
  19. 11Meaning of “development” Repealed
  20. 12Development requiring planning permission Repealed
  21. Chapter: Development orders
  22. 13Development orders Repealed
  23. Chapter: Simplified planning zone schemes
  24. 14Simplified planning zones Repealed
  25. 15Simplified planning zone schemes: conditions and limitations on planning permission Repealed
  26. 16Duration of simplified planning zone scheme Repealed
  27. 17Alteration of simplified planning zone scheme Repealed
  28. 18Exclusion of certain descriptions of land Repealed
  29. Chapter: Grant of planning permission in enterprise zones
  30. 19Grant of planning permission in enterprise zones Repealed
  31. Chapter: Planning applications
  32. 20Form and content of applications Repealed
  33. 21Publication of notices of applications Repealed
  34. 22Notification of applications to certain persons Repealed
  35. 23Notice requiring planning application Repealed
  36. 24Appeal against notice under Article 23 Repealed
  37. Determination of planning applications
  38. 25Determination of planning applications Repealed
  39. 25APower to decline to determine subsequent application Repealed
  40. 25AAPower to decline to determine overlapping application Repealed
  41. 25BAssessment of environmental effects Repealed
  42. 26Duty to draw attention to certain provisions for benefit of disabled Repealed
  43. 27Conditional grant of planning permission Repealed
  44. 27APower to impose aftercare conditions on grant of mineral planning permission Not yet in force
  45. 28Permission to develop land without compliance with conditions previously attached Repealed
  46. 28APlanning permission for development already carried out Repealed
  47. 30Effect of planning permission Repealed
  48. 31Special procedure for major planning applications Repealed
  49. Chapter: Appeals
  50. 32Appeals Repealed
  51. 33Appeal in default of planning decision Repealed
  52. Chapter: Duration of planning permission
  53. 34Duration of planning permission Repealed
  54. 35Duration of outline planning permission Repealed
  55. 36Provisions supplementary to Articles 34 and 35 Repealed
  56. 37Termination of planning permission by reference to time limit Repealed
  57. Chapter: Revocation or modification of planning permission
  58. 38Revocation or modification of planning permission Repealed
  59. Additional powers of control
  60. 39Orders requiring discontinuance of use or alteration or removal of buildings or works Repealed
  61. 40Planning agreements Repealed
  62. 40AModification and discharge of planning agreements Repealed
  63. 40BAppeals Repealed
  64. Part V: ADDITIONAL PLANNING CONTROL
  65. Chapter: Buildings of special architectural or historic interest
  66. 42Lists of buildings of special architectural or historic interest Repealed
  67. 42ATemporary listing: building preservation notices Repealed
  68. 42BTemporary listing in urgent cases Repealed
  69. 42CLapse of building preservation notices Repealed
  70. 43Issue of certificate that building is not intended to be listed Repealed
  71. 44Control of works for demolition, alteration or extension of listed buildings Repealed
  72. 45Provisions supplementary to Article 44 Repealed
  73. 46Duration of listed building consent Repealed
  74. 47Revocation or modification of listed building consent Repealed
  75. 48Applications to determine whether listed building consent required Repealed
  76. 49Acts causing or likely to result in damage to listed buildings Repealed
  77. Chapter: Areas of special architectural or historic interest
  78. 50Conservation areas Repealed
  79. 51Control of demolition in conservation areas Repealed
  80. 52Grants in relation to conservation areas Repealed
  81. Chapter: Hazardous substances
  82. 53Requirement of hazardous substances consent Repealed
  83. 54Applications for hazardous substances consent Repealed
  84. 55Determination of applications for hazardous substances consent Repealed
  85. 56Special procedure for major applications Repealed
  86. 57Appeals Repealed
  87. 58Grant of hazardous substances consent without compliance with conditions previously attached Repealed
  88. 59Revocation or modification of hazardous substances consent Repealed
  89. 60Effect of hazardous substances consent and change of control of land Repealed
  90. 61Offences Repealed
  91. 62Emergencies Repealed
  92. 63Health and safety requirements Repealed
  93. 63AReview of mineral planning permissions Not yet in force
  94. Chapter: Trees
  95. 64Duty of Department in relation to trees Repealed
  96. 65Tree preservation orders Repealed
  97. 65AProvisional tree preservation orders Repealed
  98. 65BReplacement of trees Repealed
  99. 66Penalties for contravention of tree preservation orders Repealed
  100. 66APreservation of trees in conservation areas Repealed
  101. 66BPower to disapply Article 66A Repealed
  102. Chapter: Advertisements
  103. 67Control of advertisements Repealed
  104. Part VI: ENFORCEMENT
  105. Introductory
  106. 67AExpressions used in connection with enforcement Repealed
  107. 67BTime limits Repealed
  108. Planning contravention notices
  109. 67CPower to require information about activities on land Repealed
  110. 67DPenalties for non-compliance with planning contravention notice Repealed
  111. Temporary stop notices
  112. 67ETemporary stop notice Repealed
  113. 67FTemporary stop notice: restrictions Repealed
  114. 67GTemporary stop notice: offences Repealed
  115. Chapter: Enforcement notices
  116. 68Issue of enforcement notice Repealed
  117. 68AContents and effect of enforcement notice Repealed
  118. 68BVariation and withdrawal of enforcement notices Repealed
  119. 69Appeal against enforcement notice Repealed
  120. 70Appeal against enforcement notice-general supplementary provisions Repealed
  121. 71Appeal against enforcement notice – supplementary provisions relating to planning permission Repealed
  122. 72Offence where enforcement notice not complied with Repealed
  123. 73Power to stop further development pending proceedings on enforcement notice Repealed
  124. 74Execution and cost of works required by enforcement notice Repealed
  125. 75Effect of planning permission, etc., on enforcement or breach of condition notice Repealed
  126. 76Enforcement notice to have effect against subsequent development Repealed
  127. Breach of condition
  128. 76AEnforcement of conditions Repealed
  129. Injunctions
  130. 76BInjunctions Repealed
  131. Chapter: Listed buildings
  132. 77Listed building enforcement notices Repealed
  133. 78Appeal against listed building enforcement notice Repealed
  134. 79Effect of listed building consent on listed building enforcement notice Repealed
  135. 80Urgent works to preserve building Repealed
  136. Chapter: Hazardous substances
  137. 81Hazardous substances contravention notice Repealed
  138. 81AVariation of hazardous substances contravention notices Repealed
  139. Chapter: Trees
  140. 82Enforcement of duties as to replacement of trees Repealed
  141. 82AAppeals against Article 82 notices Repealed
  142. 82BExecution and cost of works required by Article 82 notice Repealed
  143. 82CEnforcement of controls as respects trees in conservation areas Repealed
  144. Chapter: Discontinuance orders
  145. 83Enforcement of orders under Article 39 Repealed
  146. Certificate of lawful use or development
  147. 83ACertificate of lawfulness of existing use or development Repealed
  148. 83BCertificate of lawfulness of proposed use or development Repealed
  149. 83CCertificates under Articles 83A and 83B: supplementary provisions Repealed
  150. 83DOffences Repealed
  151. 83EAppeals against refusal or failure to give decision on application Repealed
  152. 83FFurther provisions as to appeals under Article 83E Repealed
  153. Chapter: Advertisements
  154. 84Enforcement of advertisement control Repealed
  155. Rights of entry for enforcement purposes
  156. 84ARights to enter without warrant Repealed
  157. 84BRight to enter under warrant Repealed
  158. 84CRights of entry: supplementary provisions Repealed
  159. 84DRights of entry for enforcement purposes: Crown land Repealed
  160. Part VII: DEVELOPMENT SCHEMES AND ACQUISITION OF LAND
  161. Chapter: Development schemes
  162. 85Development schemes
  163. 85APower of Department to survey land for purposes of this Part
  164. 86Adoption of development schemes
  165. Chapter: Acquisition of land, etc.
  166. 87Acquisition of land for planning purposes
  167. 88Compensation where unfit houses are acquired under this Part
  168. 89Appropriation of land held for planning purposes
  169. 90Disposal of land held for planning purposes
  170. 91Development of land held for planning purposes
  171. 91APowers of Department before the acquisition of land for planning purposes
  172. 92Recovery of possession of premises let by Department
  173. 93Supplementary provisions
  174. Part VIII: PURCHASE OF ESTATES IN CERTAIN LAND AFFECTED BY PLANNING DECISIONS Repealed
  175. 94Service of purchase notice Repealed
  176. 94APurchase notices: Crown land Repealed
  177. 95Action by Department following service of purchase notice Repealed
  178. 96Further ground of objection to purchase notice Repealed
  179. 97Reference of counter-notices to Lands Tribunal Repealed
  180. 98Effect of valid purchase notice Repealed
  181. 99Special provision as to compensation under this Part Repealed
  182. Part IX: ROADS
  183. 100Orders extinguishing right to use vehicle on road
  184. 101Provision of amenity for road reserved to predestrians
  185. 102Extinguishment of public rights of way
  186. 103Procedure for making orders under Article 100 or 102
  187. 104Electronic communications apparatus
  188. Part X: FURTHER PROVISIONS AS TO HISTORIC BUILDINGS Repealed
  189. 105Historic Buildings Council Repealed
  190. 106Grants and loans for preservation or acquisition of listed buildings Repealed
  191. 107Acquisition of listed buildings by agreement Repealed
  192. 108Acceptance by Department of endowments in respect of listed buildings Repealed
  193. 109Compulsory acquisition of listed buildings Repealed
  194. Part Xl: THE PLANNING APPEALS COMMISSION
  195. 110The Planning Appeals Commission Repealed
  196. 111Procedure of appeals commission Repealed
  197. Part XII: APPLICATION OF ORDER TO SPECIAL CASES
  198. Chapter: Minerals
  199. 112Minerals Repealed
  200. Chapter: Crown land
  201. 112AApplication to the Crown
  202. 112BEnforcement in relation to the Crown
  203. 112CReferences to an estate in land
  204. 112DApplications for planning permission, etc. by Crown Repealed
  205. 112EService of notices on the Crown
  206. 113Application to Crown land Repealed
  207. 114Application for planning permission, etc. in anticipation of disposal of Crown land Repealed
  208. 115Tree preservation orders in anticipation of disposal of Crown land Repealed
  209. 116Control of development on Crown land Repealed
  210. 117Requirement of planning permission for continuance of use instituted by Crown Repealed
  211. 118Interpretation of Part XII
  212. XlllMISCELLANEOUS AND SUPPLEMENTARY
  213. 119Grants for research and bursaries Repealed
  214. 120Grants to bodies providing assistance in relation to certain development proposals Repealed
  215. 121Rights of entry
  216. 122Supplementary provisions as to powers of entry
  217. 122ASupplementary provisions as to powers of entry: Crown land
  218. 123Local inquiries Repealed
  219. 123AInquiries to be held in public subject to certain exceptions Repealed
  220. 123BNational security Repealed
  221. 124Planning register Repealed
  222. 125Information as to estates in land
  223. 125AInformation as to estates in Crown land
  224. 126Power to appoint advisory bodies or committees Repealed
  225. 127Fees and charges Repealed
  226. 128Time limit for certain summary offences under this Order Repealed
  227. 129Regulations and orders Repealed
  228. 130Financial provision
  229. 131Registration of matters in Statutory Charges Register Repealed
  230. 132Transitional provisions Repealed
  231. Schedule 1: LISTED BUILDING CONSENT-APPLICATIONS AND APPEALS Repealed
  232. 1Form and content of applications Repealed
  233. 2Publication of notices of applications Repealed
  234. 3Notification of applications to certain persons Repealed
  235. 4Determination of application Repealed
  236. Part: Power to decline to determine application Repealed
  237. 4APower to decline to determine subsequent application Repealed
  238. 4BPower to decline to determine overlapping application Repealed
  239. 5Consent to execute works without compliance with conditions previously attached Repealed
  240. 6Effect of listed building consent Repealed
  241. 7Appeals Repealed
  242. 8Appeal in default of planning decision Repealed
  243. Schedule 1A: REVIEW OF OLD MINERAL PLANNING PERMISSIONS Not yet in force
  244. Part: Interpretation Not yet in force
  245. 1Paragraph 1 Not yet in force
  246. Part: Phase I and II sites Not yet in force
  247. 2Paragraph 2 Not yet in force
  248. Part: The “first list” Not yet in force
  249. 3Paragraph 3 Not yet in force
  250. Part: The “second list” Not yet in force
  251. 4Paragraph 4 Not yet in force
  252. Part: Advertisement of the first and second lists Not yet in force
  253. 5Paragraph 5 Not yet in force
  254. 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
  255. 6Paragraph 6 Not yet in force
  256. 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
  257. 7Paragraph 7 Not yet in force
  258. Part: Service on owners etc. of notice of preparation of the first and second lists Not yet in force
  259. 8Paragraph 8 Not yet in force
  260. Part: Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed Not yet in force
  261. 9Paragraph 9 Not yet in force
  262. Part: Notice of determination of conditions to be accompanied by additional information in certain cases Not yet in force
  263. 10Paragraph 10 Not yet in force
  264. Part: Right to appeal against Department's determination of conditions etc. Not yet in force
  265. 11Paragraph 11 Not yet in force
  266. Part: Permissions ceasing to have effect Not yet in force
  267. 12Paragraph 12 Not yet in force
  268. Part: Special procedure for major applications under paragraph 9 Not yet in force
  269. 13Paragraph 13 Not yet in force
  270. Part: Two or more applicants Not yet in force
  271. 14Paragraph 14 Not yet in force
  272. Part: Compensation Not yet in force
  273. 15Paragraph 15 Not yet in force
  274. Part: Appeals: general procedural provisions Not yet in force
  275. 16Paragraph 16 Not yet in force
  276. Schedule 1B: PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS Not yet in force
  277. Part: Duty to carry out periodic reviews Not yet in force
  278. 1Paragraph 1 Not yet in force
  279. Part: Interpretation Not yet in force
  280. 2Paragraph 2 Not yet in force
  281. Part: The first review date Not yet in force
  282. 3Paragraph 3 Not yet in force
  283. 4Paragraph 4 Not yet in force
  284. Part: Service of notice of first periodic review Not yet in force
  285. 5Paragraph 5 Not yet in force
  286. Part: Application for postponement of the first review date Not yet in force
  287. 6Paragraph 6 Not yet in force
  288. Part: Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject Not yet in force
  289. 7Paragraph 7 Not yet in force
  290. Part: Permissions ceasing to have effect Not yet in force
  291. 8Paragraph 8 Not yet in force
  292. Part: Appeals Not yet in force
  293. 9Paragraph 9 Not yet in force
  294. Part: Special procedure for major applications under paragraph 7 Not yet in force
  295. 10Paragraph 10 Not yet in force
  296. Part: Time from which conditions determined under this Schedule are to take effect Not yet in force
  297. 11Paragraph 11 Not yet in force
  298. Part: Two or more applicants Not yet in force
  299. 12Paragraph 12 Not yet in force
  300. Part: Second and subsequent periodic reviews Not yet in force
  301. 13Paragraph 13 Not yet in force
  302. Part: Compensation Not yet in force
  303. 14Paragraph 14 Not yet in force
  304. Schedule 2: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 87(3)
  305. 1Paragraph 1
  306. 2Paragraph 2
  307. 3Paragraph 3
  308. 4Paragraph 4
  309. 5Paragraph 5
  310. 6Paragraph 6
  311. 7Paragraph 7
  312. 8Paragraph 8
  313. 9Paragraph 9
  314. 10Paragraph 10
  315. 11Paragraph 11
  316. 12Paragraph 12
  317. 13Paragraph 13
  318. 14Paragraph 14
  319. Schedule 3: THE HISTORIC BUILDINGS COUNCIL Repealed
  320. 1Paragraph 1 Repealed
  321. 2Paragraph 2 Repealed
  322. 3Paragraph 3 Repealed
  323. 4Paragraph 4 Repealed
  324. 5Paragraph 5 Repealed
  325. 6Paragraph 6 Repealed
  326. 7Paragraph 7 Repealed
  327. Schedule 4: TRANSITIONAL PROVISIONS
  328. 1Paragraph 1 Repealed
  329. 2Paragraph 2 Repealed
  330. 3Paragraph 3 Repealed
  331. 4Paragraph 4 Repealed
  332. 5Paragraph 5 Repealed
  333. 6Paragraph 6 Repealed
  334. 7Paragraph 7 Repealed
  335. Schedule Schedule
  336. Schedule Schedule