Section 40 Form and content of applicationsC1I1I2C2C3
Northern Ireland
Any application for planning permission—
must be made in such form and in such manner as may be specified by a development order;
must include such particulars, and be verified by such evidence, as may be required by a development order or by any directions given by a council or the Department under such an order.
A direction under subsection (1)(b) must not be inconsistent with the development order.
A development order must require an application for planning permission of such description as is specified in the order to be accompanied by such of the following as is so specified—
a statement about the design principles and concepts that have been applied to the development;
a statement about how issues relating to access to the development have been dealt with.
The form and content of a statement mentioned in subsection (3) is such as is required by the development order.
Subsection (1) shall apply to applications to a council or the Department for any consent, agreement or approval of the council or, as the case may be, the Department required by a condition imposed on a grant of planning permission as that subsection applies to applications for planning permission.
Annotations
Modifications
- C1
Pt. 3 applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
- C2
S. 40 applied with modification(s) (1.4.2015) by The Planning (Trees) Regulations (Northern Ireland) 2015 (S.R. 2015/84), regs. 1(1), 2, Sch. (with reg. 11(7))
- C3
S. 40 applied with modification(s) (1.4.2015) by The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 (S.R. 2015/66), regs. 1, 8, Sch. 4 Pts. 1, 2
Commencement
- I1
S. 40 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
- I2
S. 40 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3
Notes on Part 3
Modifications
- C2
Pts. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))