Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Planning Act (Northern Ireland) 2011

Type Act of the Northern Ireland Assembly

Publication 2011-05-04

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Functions of Department of the Environment with respect to development of land

General functions of Department with respect to development of land

1

(1) The Department must formulate and co-ordinate policy for securing the orderly and consistent development of land and the planning of that development.

(2) The Department must—

(a) ensure that any such policy is in general conformity with the regional development strategy;

(b) exercise its functions under subsection (1) with the objective of furthering sustainable development and promoting or improving well-being.

(3) For the purposes of subsection (2)(b) the Department must take account of—

(a) policies and guidance issued by—

(i) the Department for Regional Development;

(ii) the Office of the First Minister and deputy First Minister;

(b) any other matter which appears to it to be relevant.

(4) The Department may undertake, or cause to be undertaken, such surveys or studies as it may consider necessary, including surveys or studies relating to any of the following matters—

(a) the physical, economic, social and environmental characteristics of any area, including the purposes for which land is used;

(b) the size, composition and distribution of the population of an area;

(d) any changes in relation to the matters mentioned in paragraphs (a) to (c) and the effect which the changes are likely to have on the development of Northern Ireland or any part of Northern Ireland or the planning of that development.

Preparation of statement of community involvement by Department

2

(1) The Department must prepare and publish a statement of community involvement.

(2) The statement of community involvement is a statement of the Department's policy as to the involvement in the exercise of the Department's functions under Part 3 of persons who appear to the Department to have an interest in matters relating to development.

(3) The Department must prepare and publish a statement of community involvement within the period of one year from the day appointed for the coming into operation of this section.

Part 2 — Local development plans

General

Survey of district

3

(1) A council must keep under review the matters which may be expected to affect the development of its district or the planning of that development.

(2) Those matters include—

(a) the principal physical, economic, social and environmental characteristics of the council's district;

(b) the principal purposes for which land is used in the district;

(d) the communications, transport system and traffic of the district;

(e) any other considerations which may be expected to affect those matters;

(f) such other matters as may be prescribed or as the Department (in a particular case) may direct.

(3) The matters also include—

(a) the potential impact of climate change;

(b) any changes which the council thinks may occur in relation to any other matter;

(c) the effect such changes are likely to have on the development of the council's district or on the planning of such development.

(4) A council may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring district to the extent that those matters may be expected to affect the district of the council.

(5) In exercising a function under subsection (4) a council must consult with the council for the neighbouring district in question.

Statement of community involvement

4

(1) A council must prepare a statement of community involvement.

(2) The statement of community involvement is a statement of the council's policy as to the involvement in the exercise of the council's functions under this Part and Part 3 of persons who appear to the council to have an interest in matters relating to development in its district.

(3) The council and the Department must attempt to agree the terms of the statement of community involvement.

(4) But to the extent that the council and the Department cannot agree the terms of the statement of community involvement the Department may direct that the statement must be in the terms specified in the direction.

(5) The council must comply with the direction.

(6) The Department may prescribe—

(a) the procedure in respect of the preparation of the statement of community involvement;

(b) the form and content of the statement;

(d) making the statement available for inspection by the public;

(e) the manner in which—

(i) representations may be made in relation to any matter to be included in the statement; and

(ii) those representations are to be considered;

(f) circumstances in which the requirements of the statement need not be complied with.

Sustainable development

5

(1) Any person who exercises any function under this Part must exercise that function with the objective of furthering sustainable development.

(2) For the purposes of subsection (1) the person must take account of—

(a) policies and guidance issued by—

(i) the Office of the First Minister and deputy First Minister;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the Department of Regional Development;

(b) any matters which appear to that person to be relevant.

Local development plans

Local development plan

6

(1) Any reference—

(a) to a local development plan in this Act and in any other statutory provision relating to planning; and

(b) to a development plan in any statutory provision relating to planning,

is to be construed as a reference to the development plan documents (taken together) which have been adopted by the council or approved by the Department in accordance with section 16(6).

(2) In this Part the development plan documents are—

(a) the plan strategy;

(b) the local policies plan.

(3) If to any extent a policy contained in a local development plan conflicts with another policy in that plan the conflict must be resolved in favour of the policy which is contained in the last development plan document to be adopted or, as the case may be, approved.

(4) Where, in making any determination under this Act, regard is to be had to the local development plan, the determination must be made in accordance with the plan unless material considerations indicate otherwise.

Preparation of timetable

7

(1) A council must prepare, and keep under review a timetable for the preparation and adoption of the council's local development plan.

(2) The council and the Department must attempt to agree the terms of the timetable mentioned in subsection (1).

(3) But to the extent that the Department and the council cannot agree the terms the Department may direct that the timetable must be in the terms specified in the direction.

(4) The council must comply with the direction.

(5) The Department may prescribe—

(a) the procedure in respect of the preparation of the timetable mentioned in subsection (1);

(b) the form and content of the timetable;

(d) publicity about the timetable;

(e) making the timetable available for inspection by the public;

(f) circumstances in which the requirements of the timetable need not be complied with.

Plan strategy

8

(1) A council must prepare a plan for its district (to be known as a plan strategy).

(2) A plan strategy must set out—

(a) the council's objectives in relation to the development and use of land in its district;

(b) its strategic policies for the implementation of those objectives; and

(3) Regulations under this section may prescribe the form and content of the plan strategy.

(4) A plan strategy must be prepared in accordance with—

(a) the timetable set out in section 7(1);

(b) the council's statement of community involvement.

(5) In preparing a plan strategy, the council must take account of—

(a) the regional development strategy;

(aa) the council's current community plan;

(b) any policy or advice contained in guidance issued by the Department;

and may have regard to such other information and considerations as appear to the council to be relevant.

(6) The council must also—

(a) carry out an appraisal of the sustainability of the plan strategy;

(b) prepare a report of the findings of the appraisal.

(7) A plan strategy is a plan strategy only if it is—

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).

Local policies plan

9

(1) A council must, after the plan strategy for its district has been adopted by resolution of the council or, as the case may be, approved by the Department, prepare a plan for its district (to be known as a local policies plan).

(2) The local policies plan must set out—

(a) the council's policies in relation to the development and use of land in its district; and

(b) such other matters as may be prescribed.

(3) Regulations under this section may prescribe the form and content of the local policies plan.

(4) The local policies plan must be prepared in accordance with—

(a) the timetable set out in section 7(1);

(b) the council's statement of community involvement.

(5) The council's local policies plan must be consistent with the council's plan strategy.

(6) In preparing the local policies plan, the council must take account of—

(a) the regional development strategy;

(aa) the council's current community plan;

(b) any policy or advice contained in guidance issued by the Department;

and may have regard to such other information and considerations as appear to the council to be relevant.

(7) The council must also—

(a) carry out an appraisal of the sustainability of the local policies plan;

(b) prepare a report of the findings of the appraisal.

(8) A local policies plan is a local policies plan only if it is—

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).

Independent examination

10

(1) The council must submit every development plan document to the Department for independent examination.

(2) But the council must not submit such a document unless—

(a) it has complied with any relevant requirements contained in regulations under this Part, and

(b) it thinks the document is ready for independent examination.

(3) The council must also send to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

(4) The Department must, unless it intends to make a direction under section 11(2) or 15(1), cause an independent examination to be carried out by—

(a) the planning appeals commission; or

(b) a person appointed by the Department.

(5) The Department must not appoint a person under subsection (4)(b) unless, having regard to the timetable prepared by the council under section 7(1), the Department considers it expedient to do so.

(6) The purpose of an independent examination is to determine in respect of the development plan document—

(a) whether it satisfies the requirements of sections 7 and 8 or, as the case may be, sections 7 and 9, and any regulations under section 22 relating to the preparation of development plan documents;

(b) whether it is sound.

(7) Any person who makes representations seeking to change a development plan document must (if that person so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

(8) The person appointed to carry out the examination must—

(a) make recommendations;

(b) give reasons for the recommendations.

Withdrawal of development plan documents

11

(1) A council may, in such manner as may be prescribed, at any time before a development plan document is submitted to the Department under section 10(1), withdraw the document.

(2) The Department may, at any time after the development plan document has been submitted to it under section 10(1), direct the council to withdraw the document.

Adoption

12

(1) The Department must consider the recommendations made under section 10(8) and direct the council to—

(a) adopt the development plan document as originally prepared;

(b) adopt the development plan document with such modifications as may be specified in the direction; or

(2) The Department must give reasons for a direction given under subsection (1).

(3) The council must comply with a direction given under subsection (1) within such time as may be prescribed.

(4) For the purposes of this section, a development plan document is adopted by resolution of the council.

Review of local development plan

13

(1) A council must carry out a review of its local development plan at such times as the Department may prescribe.

(2) The council must report to the Department on the findings of its review.

(3) A review must—

(a) be in such form as may be prescribed; and

(b) be published in accordance with such requirements as may be prescribed.

Revision of plan strategy or local policies plan

14

(1) The council may at any time prepare a revision of—

(a) its plan strategy; or

(b) its local policies plan.

(2) The council must prepare a revision of its plan strategy or its local policies plan—

(a) at such times and in such manner as may be prescribed;

(b) if, following a review under section 13, it thinks that the plan strategy or the local policies plan should be revised;

(3) This Part applies to the revision of a plan strategy or a local policies plan as it applies to the preparation of a plan strategy or, as the case may be, a local policies plan.

Intervention by Department

15

(1) If the Department thinks that a development plan document is unsatisfactory it may, at any time before the document is adopted under section 12 direct the council to modify the document in accordance with the direction.

(2) If the Department gives a direction under subsection (1) it must state its reasons for doing so.

(3) The council must comply with a direction given under subsection (1).

Department's default powers

16

(1) This section applies if the Department thinks that a council is failing or omitting to do anything it is necessary for it to do in connection with the preparation or revision of a development plan document.

(2) The Department may—

(a) prepare the document; or

(b) revise the document.

(3) The Department must give reasons for anything it does in pursuance of subsection (2).

(4) The Department must cause an independent examination to be carried out by—

(a) the planning appeals commission; or

(b) a person appointed by the Department,

and section 10(5) to (8) applies accordingly.

(5) The Department must publish the recommendations and reasons of the person appointed to hold the examination.

(6) The Department must consider recommendations made in accordance with section 10(8) (as applied by subsection (4) of this section) and may approve the document with or without modification.

(7) The council must reimburse the Department for any expenditure the Department incurs in connection with anything—

(a) which is done by it under subsection (2), and

(b) which the council failed or omitted to do as mentioned in subsection (1).

Joint plans

17

(1) Two or more councils may agree to prepare—

(a) a joint plan strategy; or

(b) a joint plan strategy and joint local policies plan.

(2) This Part applies for the purposes of any step which may be or is required to be taken in relation to a joint plan strategy or a joint local policies plan as it applies for the purposes of any step which may be or is required to be taken in relation to a plan strategy or local policies plan.

(3) For the purposes of subsection (2) anything which must be done by or in relation to a council in connection with a plan strategy or a local policies plan must be done by or in relation to each of the councils mentioned in subsection (1) in connection with a joint plan strategy or local policies plan.

(4) Subsections (5) to (7) apply if a council withdraws from an agreement mentioned in subsection (1).

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