OpenLegislation

Section 40 Form and content of applicationsC1I1I2C2C3

Northern Ireland

(1)

Any application for planning permission—

(a)

must be made in such form and in such manner as may be specified by a development order;

(b)

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.

(2)

A direction under subsection (1)(b) must not be inconsistent with the development order.

(3)

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)

a statement about the design principles and concepts that have been applied to the development;

(b)

a statement about how issues relating to access to the development have been dealt with.

(4)

The form and content of a statement mentioned in subsection (3) is such as is required by the development order.

(5)

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))