Article 3 Exercise of street planning functions by the Department
Northern Ireland
Where the development of land for which planning permission is required under F1Part 3 of the Planning Act consists of or includes or appears to require the laying out or construction of streets, the Department shall determine the width, position and arrangement of the streets, and the land to be regarded for the purposes of Part III as being comprised in those streets.
The functions exercisable by the Department by virtue of paragraph (1) are in this Order referred to as “street planning functions” and, where regulations are made under paragraph (3), shall be exercised in accordance with those regulations.
The Department may, by regulations which shall be subject to affirmative resolution, prescribe minimum standards to be applied by it in the exercise of street planning functions, and the regulations may empower the Department to dispense with or relax any of the requirements of the regulations in respect of such matters as may be specified in the regulations.
The Department may, where it considers it necessary for the exercise of street planning functions, require the applicant for permission for the development of any land to submit plans and particulars showing the general scheme for the development of the land of which any street is intended to form part.
Where street planning functions are exercisable by the Department in relation to a street which joins an existing public road, the Department may, subject to paragraph (4B), attach to any determination under this Article in respect of that street a requirement that such works as the Department considers necessary for the improvement of that public road are carried out in accordance with an agreement under paragraph (4C).
Works required under paragraph (4A) for the improvement of a public road shall be works which are either—
within the boundary of that road; or
on land owned by the Department.
The Department may enter into an agreement under seal with any person—
for the carrying out at the expense of that person of works required under paragraph (4A); and
for the issue of a certificate by the Department when those works have been completed in accordance with the agreement and the terms and conditions of the agreement have been duly complied with.
An agreement under paragraph (4C) between the Department and any other person—
shall contain such detailed provisions as to the nature of the works to be carried out as the Department thinks fit; and
may include provision for ensuring that, for such period as may be specified in the agreement, any defects in those works shall be remedied by, and at the expense of, that person.
The person with whom the Department enters into an agreement under paragraph (4C) shall secure the due performance of the agreement by means of a guarantee bond or by any other means acceptable to the Department.
A certificate issued by the Department under paragraph (4C)(b) in respect of any works shall be conclusive for all purposes of this Order that those works have been carried out in accordance with the agreement.
In paragraph (4A) “improvement” has the same meaning as inF3 Article 43 of the Roads (Northern Ireland) Order 1993.
Where the Department grants outline planning permission for the development of any land and that permission is conditional upon the subsequent approval of the particulars of the proposed development, the Department may defer its determination of the matters referred to in paragraph (1) pending the submission of those particulars.
The Department may stop up or temporarily close any street which another person has constructed—
before a determination has been given by the Department under paragraph (1) in respect of that street; or
otherwise than in conformity with a determination so given.
In this Article “outline planning permission” has the same meaning as in the F4Planning Act.
Annotations
Textual amendments
- F1
Words in art. 3(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 26(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
- F2
- F3
- F4
Words in art. 3(6) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 26(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481