OpenLegislation

The Planning (Amendment) (Northern Ireland) Order 2003

2003/430 · Made 27 February 2003 · Extends to Northern Ireland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 8 May 2016.

See the changes not yet applied
ProvisionChangeMade by
art. 30repealedThe Planning Reform (Northern Ireland) Order 2006 art. 4(2) Sch. 5

27th February 2003

Contents

  1. Part: Introductory
  2. 1Title and commencement
  3. 2Interpretation
  4. Part: New enforcement powers
  5. 3Planning contravention notices Repealed
  6. 4Enforcement of conditions Repealed
  7. 5Injunctions Repealed
  8. Part: Other changes relating to enforcement
  9. 6Time limits on enforcement action Repealed
  10. 7Enforcement notices Repealed
  11. 8Appeal against enforcement notice Repealed
  12. 9Offence where enforcement notice not complied with Repealed
  13. 10Execution of works required by enforcement notice Repealed
  14. 11Stop notices Repealed
  15. 12Certificate of lawful use or development Repealed
  16. 13Rights of entry for enforcement purposes Repealed
  17. 14Listed buildings Repealed
  18. 15Hazardous substances Repealed
  19. 16Replacement of trees Repealed
  20. 17Alteration in penalties
  21. Part: Control over development
  22. 18Demolition Repealed
  23. 19Reversion to previous lawful use Repealed
  24. 20Power of Department to decline to determine applications Repealed
  25. 21Assessment of environmental effects Repealed
  26. 22Dismissal of appeals in cases of undue delay Repealed
  27. 23Planning agreements Repealed
  28. Part: Control over particular matters
  29. 24Advertisements Repealed
  30. 25Building preservation notices Repealed
  31. 26Trees Repealed
  32. Part: Regional development strategy
  33. 27Certain policies, plans and schemes under the principal Order to be in general conformity with the regional development strategy
  34. 28Development plans: statement as to general conformity with the regional development strategy
  35. 29Regional development strategy: transitional arrangements for certain development plans Repealed
  36. Miscellaneous
  37. 30Status of development plans Repealed
  38. 31Powers of Department before the acquisition of land for planning purposes
  39. 32Planning Appeals Commission Repealed
  40. 33Grants for research and bursaries Repealed
  41. 34Grants to bodies providing assistance in relation to certain development proposals Repealed
  42. 35Planning register Repealed
  43. 36Home loss payments following planning blight
  44. Schedule Schedule
  45. Schedule Schedule

1Title and commencement

(1)

This Order may be cited as the Planning (Amendment) (Northern Ireland) Order 2003.

(2)

In this Order—

(a)

this Article, Article 2, Articles 27 to 29 and Article 31 come into operation two weeks after the date on which this Order is made;

(b)

the remaining provisions of this Order come into operation on such day or days as the Department of the Environment may by order appointF1.

(3)

An order under paragraph (2) may contain such transitional provisions and savings as the Department of the Environment considers appropriate in connection with the order.

(4)

Nothing in any provision of this Order affects the punishment for an offence committed before the provision comes into operation.

2Interpretation

(1)

The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

(2)

In this Order “the principal Order” means the Planning (Northern Ireland) Order 1991 (NI 11).

(3)

This Order shall be construed as one with the principal Order.

3Planning contravention noticesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Enforcement of conditionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5InjunctionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Time limits on enforcement actionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Enforcement noticesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Appeal against enforcement noticeF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Offence where enforcement notice not complied withF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Execution of works required by enforcement noticeF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Stop noticesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Certificate of lawful use or developmentF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Rights of entry for enforcement purposesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Listed buildingsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Hazardous substancesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Replacement of treesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Alteration in penalties

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In paragraph (3) of Article 122 of the principal Order (powers of entry) for the words from “on summary conviction” to the end there is substituted

“—0
(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.” .

(3)

In paragraph (4) of Article 125 of the principal Order (information as to estates in land) for the words from “on summary conviction” to the end there is substituted

“—0
(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.” .

18DemolitionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Reversion to previous lawful useF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Power of Department to decline to determine applicationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Assessment of environmental effectsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22Dismissal of appeals in cases of undue delayF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Planning agreementsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24AdvertisementsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25Building preservation noticesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26TreesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27Certain policies, plans and schemes under the principal Order to be in general conformity with the regional development strategy

In each of the following provisions of the principal Order —

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

Article 4(1A) (development plan for an area to be consistent with the regional development strategy); and

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the words “consistent with” there is substituted “ in general conformity with ”.

28Development plans: statement as to general conformity with the regional development strategyC1

(1)

The following provisions of this Article apply where the Department of the Environment proposes to make, alter or replace a development plan for an area under Part III of the principal Order; and references in those provisions to Articles are to Articles in that Part.

(2)

Not later than the beginning of the period of 28 days immediately before it proposes to make copies of the relevant documents available for inspection in accordance with Article 5(4) or (as the case may be) Article 6(3), the Department of the Environment shall send a copy of those documents to the Department for Regional Development.

(3)

The Department for Regional Development shall consider the documents received by it under paragraph (2) and within the period of 28 days beginning with the day on which it received those documents shall—

(a)

determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and

(b)

give the Department of the Environment a statement in writing which—

(i)

sets out that opinion; and

(ii)

if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.

(4)

The Department of the Environment shall make copies of any statement received under paragraph (3) available for inspection under Article 5(4) or (as the case may be) Article 6(3) together with copies of the relevant documents.

(5)

A statement to which paragraph (3)(b)(ii) applies shall be treated for all purposes as an objection duly made by the Department for Regional Development within the prescribed period referred to in Article 5(5) or (as the case may be) Article 6(4).

(6)

Not later than the beginning of the period of 28 days immediately before it proposes to make an order under Article 8(1) adopting a plan, alteration or replacement plan, the Department of the Environment shall send to the Department for Regional Development a copy of—

(a)

the draft order; and

(b)

the plan, alteration or replacement plan to which the order relates.

(7)

The Department for Regional Development shall consider the documents received by it under paragraph (6) and within the period of 28 days beginning with the day on which it received those documents shall—

(a)

determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and

(b)

give the Department of the Environment a statement in writing which—

(i)

sets out that opinion; and

(ii)

if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.

(8)

The Department of the Environment shall consider any statement received under paragraph (7) before making an order under Article 8(1).

(9)

In this Article “the relevant plan” means—

(a)

where the Department proposes to make a development plan, the plan proposed to be made;

(b)

where the Department proposes to alter a current development plan, the current plan as proposed to be altered;

(c)

where the Department proposes to replace a current development plan, the plan proposed to replace the current plan.

29Regional development strategy: transitional arrangements for certain development plansF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Article 37—Amendments and repeals

30Status of development plansF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31Powers of Department before the acquisition of land for planning purposes

After Article 91 of the principal Order (development of land held for planning purposes) there is inserted—

“Powers of Department before the acquisition of land for planning purposes

91A
(1)

Where the Department proposes to acquire land compulsorily for planning purposes it may, at any time after the date of the publication of the notice mentioned in paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland) Act 1972 (as applied by Article 87(3))) in relation to that land—

(a)

enter into an agreement with any person for securing the disposal of the land (in accordance with Article 90) after that land has been acquired for planning purposes;

(b)

exercise the power under paragraph (2) of Article 91 in relation to the land as if the land were land to which that Article applies.”.

32Planning Appeals CommissionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33Grants for research and bursariesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Grants to bodies providing assistance in relation to certain development proposalsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35Planning registerF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36Home loss payments following planning blight

In Article 30 of the Land Acquisition and Compensation (Northern Ireland) Order 1973 (NI 21) (right to home loss payment)—

(a)

after paragraph (3) there is inserted—

“(3AA)

For the purposes of this Article a person shall be deemed to have been displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if the acquisition is in pursuance of the service by him of a blight notice, within the meaning of Article 2(2) of the Planning Blight (Compensation) (Northern Ireland) Order 1981, served on or after the date of the coming into operation of Article 36 of the Planning (Amendment) (Northern Ireland) Order 2003.” ;

(b)

in paragraph (10), after the word “Article” there is inserted “ except paragraph (3AA) ”.

Schedule 1—Amendments

Schedule 2—Repeals