Planning Act (Northern Ireland) 2011
2011 nia 25 · Enacted 4 May 2011 · Extends to Northern Ireland
An Act to make provision in relation to planning; and for connected purposes.
[4th May 2011]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:C1C2C3
Annotations to the whole text
Modifications
- C1
Act: power to make supplementary and transitional provisions conferred (20.5.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 124(1)(c), 129 (with s. 124(4)); S.R. 2014/142, art. 2(c)
- C2
Act referred to by 1998 c. 47, s. 20(7) (as inserted (26.8.2020) by Executive Committee (Functions) Act (NorthernIreland) 2020 (c. 4), ss. 1(4), 2)
- C3
Act: power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 4 (with s. 247)
Contents
- Part 1: Functions of Department of the Environment with respect to development of land
- 1General functions of Department with respect to development of land
- 2Preparation of statement of community involvement by Department
- Part 2: Local development plans
- General
- 3Survey of district
- 4Statement of community involvement
- 5Sustainable development
- Local development plans
- 6Local development plan
- 7Preparation of timetable
- 8Plan strategy
- 9Local policies plan
- 10Independent examination
- 11Withdrawal of development plan documents
- 12Adoption
- 13Review of local development plan
- 14Revision of plan strategy or local policies plan
- 15Intervention by Department
- 16Department's default powers
- 17Joint plans
- 18Power of Department to direct councils to prepare joint plans
- 19Exclusion of certain representations
- 20Guidance
- 21Annual monitoring report
- 22Regulations
- Part 3: Planning control
- “Development” and requirement of planning permission
- 23Meaning of “development”
- 24Development requiring planning permission
- Development management
- 25Hierarchy of developments
- 26Department's jurisdiction in relation to developments of regional significance
- 27Pre-application community consultation
- 28Pre-application community consultation report
- 29Call in of applications, etc., to Department
- 30Pre-determination hearings
- 31Local developments: schemes of delegation
- Development orders
- 32Development orders
- Simplified planning zone schemes
- 33Simplified planning zones
- 34Making and alteration of simplified planning zone schemes
- 35Simplified planning zone schemes: conditions and limitations on planning permission
- 36Duration of simplified planning zone scheme
- 37Alteration of simplified planning zone scheme
- 38Exclusion of certain descriptions of land or development
- Grant of planning permission in enterprise zones
- 39Grant of planning permission in enterprise zones
- Planning applications
- 40Form and content of applications
- 41Notice, etc., of applications for planning permission
- 42Notification of applications to certain persons
- 43Notice requiring planning application to be made
- 44Appeal against notice under section 43
- Determination of planning applications
- 45Determination of planning applications
- 46Power of council to decline to determine subsequent application
- 47Power of Department to decline to determine subsequent application
- 48Power of council to decline to determine overlapping application
- 49Power of Department to decline to determine overlapping application
- 50Duty to decline to determine application where section 27 not complied with
- 51Assessment of environmental effects
- 52Conditional grant of planning permission
- 53Power to impose aftercare conditions on grant of mineral planning permission
- 54Permission to develop land without compliance with conditions previously attached
- 55Planning permission for development already carried out
- 56Directions etc. as to method of dealing with applications
- 57Effect of planning permission
- Appeals
- 58Appeals
- 59Matters which may be raised in an appeal under section 58
- 60Appeal against failure to take planning decision
- Duration of planning permission
- 61Duration of planning permission
- 62Duration of outline planning permission
- 63Provisions supplementary to sections 61 and 62
- 64Termination of planning permission by reference to time limit
- 65Effect of completion notice
- 66Power of Department to serve completion notices
- 67Power to make non-material changes to planning permission
- 68Revocation or modification of planning permission by council
- 69Aftercare conditions imposed on revocation or modification of mineral planning permission
- 70Procedure for section 68 orders: opposed cases
- 71Procedure for section 68 orders: unopposed cases
- 72Revocation or modification of planning permission by the Department
- 73Orders requiring discontinuance of use or alteration or removal of buildings or works
- 74Confirmation by Department of section 73 orders
- 75Power of Department to make section 73 orders
- 76Planning agreements
- 77Modification and discharge of planning agreements
- 78Appeals
- Land belonging to councils and development by councils
- 79Land belonging to councils and development by councils
- Part 4: Additional planning control
- Chapter 1: Listed buildings and conservation areas
- Listed buildings
- 80Lists of buildings of special architectural or historic interest
- 81Temporary listing: building preservation notices
- 82Temporary listing in urgent cases
- 83Lapse of building preservation notices
- 84Issue of certificate that building is not intended to be listed
- 85Control of works for demolition, alteration or extension of listed buildings
- 86Applications for listed building consent
- 87Notification of applications for listed building consent to certain persons
- 88Call in of certain applications for listed building consent to Department
- 89Duty to notify Department of applications for listed building consent
- 90Directions concerning notification of applications, etc.
- 91Decision on application for listed building consent
- Power to decline to determine application for listed building consent
- 92Power to decline to determine subsequent application for listed building consent
- 93Power to decline to determine overlapping application for listed building consent
- 94Duration of listed building consent
- 95Consent to execute works without compliance with conditions previously attached
- 96Appeal against decision
- 97Appeal against failure to take decision
- 98Revocation or modification of listed building consent by council
- 99Procedure for section 98 orders: opposed cases
- 100Procedure for section 98 orders: unopposed cases
- 101Revocation or modification of listed building consent by the Department
- 102Applications to determine whether listed building consent required
- 103Acts causing or likely to result in damage to listed buildings
- Areas of special architectural or historic interest
- 104Conservation areas
- 105Control of demolition in conservation areas
- 106Grants in relation to conservation areas
- Land and works of councils
- 107Application of Chapter 1, etc., to land and works of councils
- Chapter 2: HAZARDOUS SUBSTANCES
- 108Requirement of hazardous substances consent
- 109Applications for hazardous substances consent
- 110Determination of applications for hazardous substances consent
- 111Grant of hazardous substances consent without compliance with conditions previously attached
- 112Revocation or modification of hazardous substances consent
- 113Confirmation by Department of section 112 orders
- 114Call in of certain applications for hazardous substances consent to Department
- 115Appeals
- 116Effect of hazardous substances consent and change of control of land
- 117Offences
- 118Emergencies
- 119Health and safety requirements
- 120Applications by councils for hazardous substances consent
- Chapter 3: Trees
- 121Planning permission to include appropriate provision for trees
- 122Tree preservation orders: councils
- 123Provisional tree preservation orders
- 124Power for Department to make tree preservation orders
- 125Replacement of trees
- 126Penalties for contravention of tree preservation orders
- 127Preservation of trees in conservation areas
- 128Power to disapply section 127
- Chapter 4: Review of mineral planning permissions Not yet in force
- 129Review of mineral planning permissions Not yet in force
- Chapter 5: Advertisements
- 130Control of advertisements
- Part 5: Enforcement
- Introductory
- 131Expressions used in connection with enforcement
- 132Time limits
- Planning contravention notices
- 133Power to require information about activities on land
- 134Penalties for non-compliance with planning contravention notice
- Temporary stop notices
- 135Temporary stop notice
- 136Temporary stop notice: restrictions
- 137Temporary stop notice: offences
- Enforcement notices
- 138Issue of enforcement notice by councils
- 139Issue of enforcement notice by Department
- 140Contents and effect of enforcement notice
- 141Variation and withdrawal of enforcement notices by councils
- 142Variation and withdrawal of enforcement notices by Department
- 143Appeal against enforcement notice
- 144Appeal against enforcement notice - general supplementary provisions
- 145Appeal against enforcement notice - supplementary provisions relating to planning permission
- 146Execution and cost of works required by enforcement notice
- 147Offence where enforcement notice not complied with
- 148Effect of planning permission, etc., on enforcement or breach of condition notice
- 149Enforcement notice to have effect against subsequent development
- 150Service of stop notices by councils
- 151Service of stop notices by Department
- Breach of condition notices
- 152Enforcement of conditions
- Fixed penalties
- 153Fixed penalty notice where enforcement notice not complied with
- 154Fixed penalty notice where breach of condition notice not complied with
- 155Use of fixed penalty receipts
- Injunctions
- 156Injunctions
- Listed buildings
- 157Issue of listed building enforcement notices by councils
- 158Issue of listed buildings enforcement notices by Department
- 159Appeal against listed building enforcement notice
- 160Effect of listed building consent on listed building enforcement notice
- 161Urgent works to preserve building
- Hazardous substances
- 162Hazardous substances contravention notice
- 163Variation of hazardous substances contravention notices
- Trees
- 164Enforcement of duties as to replacement of trees
- 165Appeals against section 164 notices
- 166Execution and cost of works required by section 164 notice
- 167Enforcement of controls as respects trees in conservation areas
- Discontinuance orders
- 168Enforcement of orders under section 73
- Certificate of lawful use or development
- 169Certificate of lawfulness of existing use or development
- 170Certificate of lawfulness of proposed use or development
- 171Certificates under sections 169 and 170: supplementary provisions
- 172Offences
- 173Appeals against refusal or failure to give decision on application
- 174Further provisions as to appeals under section 173
- Advertisements
- 175Enforcement of advertisement control
- Rights of entry for enforcement purposes
- 176Rights to enter without warrant
- 177Right to enter under warrant
- 178Rights of entry: supplementary provisions
- Part 6: Compensation
- 179Compensation where planning permission is revoked or modified
- 180Modification of the Act of 1965 in relation to minerals
- 181Compensation where listed building consent revoked or modified
- 182Compensation in respect of orders under section 73, 75 or 112
- 183Compensation in respect of tree preservation orders
- 184Compensation where hazardous substances consent modified or revoked under section 116
- 185Compensation for loss due to stop notice
- 186Compensation for loss or damage caused by service of building preservation notice
- 187Compensation for loss due to temporary stop notice
- 188Compensation where planning permission assumed for other development
- 189Compensation: failure of consultee to respond under section 229
- 190Interpretation of Part 6
- Part 7: Purchase of estates in certain land affected by planning decisions
- 191Service of purchase notice
- 192Purchase notices: Crown land
- 193Action by council following service of purchase notice
- 194Further ground of objection to purchase notice
- 195Reference of counter-notices to Lands Tribunal
- 196Effect of valid purchase notice
- 197Special provision as to compensation under this Part
- Part 8: Further provisions as to historic buildings
- 198Historic Buildings Council
- 199Grants and loans for preservation or acquisition of listed buildings
- 200Acquisition of listed buildings by agreement
- 201Acceptance by Department of endowments in respect of listed buildings
- 202Compulsory acquisition of listed buildings
- Part 9: The Planning Appeals Commission
- 203The Planning Appeals Commission
- 204Procedure of appeals commission
- 205Power to award costs
- 206Orders as to costs: supplementary
- Part 10: Assessment of council's performance or decision making
- 207Assessment of council's performance
- 208Assessment of council's decision making
- 209Further provision as respects assessment of performance or decision making
- 210Report of assessment
- Part 11: Application of Act to Crown land
- Crown land
- 211Application to the Crown
- 212Interpretation of Part 11
- Application of Act as respects Crown land
- 213Urgent Crown development
- 214Urgent works relating to listed buildings on Crown land
- 215Enforcement in relation to the Crown
- 216References to an estate in land
- 217Applications for planning permission, etc. by Crown
- 218Service of notices on the Crown
- Part 12: Correction of errors Not yet in force
- 219Correction of errors in decision documents Not yet in force
- 220Correction notice Not yet in force
- 221Effect of correction Not yet in force
- 222Supplementary Not yet in force
- Part 13: Financial provisions
- 223Fees and charges
- 224Grants for research and bursaries
- 225Grants to bodies providing assistance in relation to certain planning policy or development proposals
- 226Contributions by councils and statutory undertakers
- 227Contributions by departments towards compensation paid by councils
- Part 14: Miscellaneous and general provisions
- Review of Act
- 228Review of Act
- Duty to respond to consultation
- 229Duty to respond to consultation
- Application of Act in special cases
- 230Minerals
- Inquiries
- 231Local inquiries
- 232Inquiries to be held in public subject to certain exceptions
- 233Directions: Secretary of State
- 234Directions: Department of Justice
- 235National security
- Rights of entry
- 236Rights of entry
- 237Supplementary provisions as to powers of entry
- 238Supplementary provisions as to powers of entry: Crown land
- Miscellaneous and general provisions
- 239Service of notices and documents
- 240Information as to estates in land
- 241Information as to estates in Crown land
- 242Planning register
- 243Power to appoint advisory bodies or committees
- 244Time limit for certain summary offences under this Act
- 245Registration of matters in Statutory Charges Register
- 246Directions
- 247Regulations and orders
- Amendment of the Planning (Northern Ireland) Order 1991
- 248Amendment of certain time periods in relation to enforcement
- 249Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991 Repealed
- Part 15: Supplementary
- 250Interpretation
- 251Further provision
- 252Minor and consequential amendments
- 253Repeals
- 254Commencement
- 255Short title
- Schedule 1: SIMPLIFIED PLANNING ZONES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: REVIEW OF OLD MINERAL PLANNING PERMISSION Not yet in force
- Interpretation Not yet in force
- 1Paragraph 1 Not yet in force
- Phase I and II sites Not yet in force
- 2Paragraph 2 Not yet in force
- The “first list” Not yet in force
- 3Paragraph 3 Not yet in force
- The “second list” Not yet in force
- 4Paragraph 4 Not yet in force
- Advertisement of the first and second lists Not yet in force
- 5Paragraph 5 Not yet in force
- 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
- 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
- Service on owners etc. of notice of preparation of the first and second lists Not yet in force
- 8Paragraph 8 Not yet in force
- 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
- Notice of determination of conditions to be accompanied by additional information in certain cases Not yet in force
- 10Paragraph 10 Not yet in force
- Right to appeal against council's determination of conditions etc. Not yet in force
- 11Paragraph 11 Not yet in force
- Permissions ceasing to have effect Not yet in force
- 12Paragraph 12 Not yet in force
- Call in of applications to Department Not yet in force
- 13Paragraph 13 Not yet in force
- Two or more applicants Not yet in force
- 14Paragraph 14 Not yet in force
- Compensation Not yet in force
- 15Paragraph 15 Not yet in force
- Appeals: general procedural provisions Not yet in force
- 16Paragraph 16 Not yet in force
- Schedule 3: PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS Not yet in force
- Duty to carry out periodic reviews Not yet in force
- 1Paragraph 1 Not yet in force
- Interpretation Not yet in force
- 2Paragraph 2 Not yet in force
- The first review date Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Service of notice of first periodic review Not yet in force
- 5Paragraph 5 Not yet in force
- Application for postponement of the first review date Not yet in force
- 6Paragraph 6 Not yet in force
- 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
- Permissions ceasing to have effect Not yet in force
- 8Paragraph 8 Not yet in force
- Appeals Not yet in force
- 9Paragraph 9 Not yet in force
- Call in of applications to Department Not yet in force
- 10Paragraph 10 Not yet in force
- Time from which conditions determined under this Schedule are to take effect Not yet in force
- 11Paragraph 11 Not yet in force
- Two or more applicants Not yet in force
- 12Paragraph 12 Not yet in force
- Second and subsequent periodic reviews Not yet in force
- 13Paragraph 13 Not yet in force
- Compensation Not yet in force
- 14Paragraph 14 Not yet in force
- Schedule 4: AMENDMENTS TO THE LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 (C. 23)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 5: THE HISTORIC BUILDINGS COUNCIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 6: MINOR AND CONSEQUENTIAL AMENDMENTS
- The Caravans Act (Northern Ireland) 1963 (c. 17)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- The Local Government Act (Northern Ireland) 1972 (c. 9)
- 8Paragraph 8
- The Planning (Northern Ireland) Order 1972 (NI 17)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- The House of Commons Disqualification Act 1975 (c. 24)
- 12Paragraph 12
- The Rates (Northern Ireland) 1977 (NI 28)
- 13Paragraph 13
- 14Paragraph 14
- The Property (Northern Ireland) Order 1978 (NI 4)
- 15Paragraph 15
- The Planning (Amendment) (Northern Ireland) Order 1978 (NI 18)
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
- 19Paragraph 19
- 20Paragraph 20
- The Estate Agents Act 1979 (c. 38)
- 21Paragraph 21
- The Building Regulations (Northern Ireland) Order 1979 (NI 16)
- 22Paragraph 22
- 23Paragraph 23
- The Mineral Exploration (Northern Ireland) Order 1979 (NI 18)
- 24Paragraph 24
- The Private Streets (Northern Ireland) Order 1980 (NI 12)
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- The Housing (Northern Ireland) Order 1981 (NI 3)
- 33Paragraph 33
- The Enterprise Zones (Northern Ireland) Order 1981 (NI 15)
- 34Paragraph 34
- The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- The Civil Aviation Act 1982 (c. 16)
- 38Paragraph 38
- The Land Compensation (Northern Ireland) Order 1982 (NI 9)
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- The Housing (Northern Ireland) Order 1983 (NI 15)
- 46Paragraph 46
- The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)
- 47Paragraph 47
- The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)
- 48Paragraph 48
- The Betting, Gaming, Lotteries and Amusements (Northern Ireland) 1985 (NI 11)
- 49Paragraph 49
- The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- The Laganside Development (Northern Ireland) Order 1989 (NI 2)
- 53Paragraph 53
- The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 (NI 14)
- 54Paragraph 54
- The Planning (Northern Ireland) Order 1991 (NI 11)
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- The Electricity (Northern Ireland) Order 1992 (NI 1)
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- The Taxation of Chargeable Gains Act 1992 (c. 12)
- 64Paragraph 64
- The Roads (Northern Ireland) Order 1993 (NI 15)
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- The Value Added Tax Act 1994 (c. 23)
- 68Paragraph 68
- The Airports (Northern Ireland) Order 1994 (NI 1)
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9)
- 72Paragraph 72
- 73Paragraph 73
- The Street Works (Northern Ireland) Order 1995 (NI 19)
- 74Paragraph 74
- The Gas (Northern Ireland) Order 1996 (NI 2)
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- The Business Tenancies (Northern Ireland) Order 1996 (NI 5)
- 79Paragraph 79
- 80Paragraph 80
- The Ombudsman (Northern Ireland) Order 1996 (NI 8)
- 81Paragraph 81
- The Licensing (Northern Ireland) Order 1996 (NI 22)
- 82Paragraph 82
- The Registration of Clubs (Northern Ireland) Order 1996 (NI 23)
- 83Paragraph 83
- The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
- 84Paragraph 84
- The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)
- 85Paragraph 85
- The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- The Competition Act 1998 (c. 41)
- 89Paragraph 89
- The Strategic Planning (Northern Ireland) Order 1999 (NI 4)
- 90Paragraph 90
- The Water (Northern Ireland) Order 1999 (NI 6)
- 91Paragraph 91
- The Postal Services Act 2000 (c. 26)
- 92Paragraph 92
- The Capital Allowances Act 2001 (c. 2)
- 93Paragraph 93
- The Environment (Northern Ireland) Order 2002 (NI 7)
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- The Strategic Investments and Regeneration of Sites (Northern Ireland) Order 2003 (NI 1)
- 97Paragraph 97
- The Finance Act 2003 (c. 14)
- 98Paragraph 98
- 99Paragraph 99
- The Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (NI 4)
- 100Paragraph 100
- The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)
- 101Paragraph 101
- The Climate Change Act 2008 (c. 27)
- 102Paragraph 102
- The Financial Assistance Act (Northern Ireland) 2009 (c. 2)
- 103Paragraph 103
- The Marine and Coastal Access Act 2009 (c. 23)
- 104Paragraph 104
- The Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2)
- 105Paragraph 105
- 106Paragraph 106
- The Forestry Act (Northern Ireland) 2010 (c. 10)
- 107Paragraph 107
- The Caravans Act (Northern Ireland) 2011 (c. 12)
- 108Paragraph 108
- The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23)
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- Schedule 7REPEALS