The Planning (General Development Procedure) Order (Northern Ireland) 2015

• (b) consists of or includes the laying out or construction of a new street;

• (c) is likely to prejudice the improvement or construction of a road or proposed road;

• (d) involves power lines which cross a road;

• (e) involves the installation of a structure over or under a road; or

• (f) is a reserved matters application where an outline planning permission includes roads conditions.

• (4) The Department for Regional Development or water undertaker as defined under Article 13 of the Water and Sewerage Services (Northern Ireland) Order 2006, shall be consulted where a development proposal is likely to significantly impact upon the availability of suitable water and sewerage infrastructure to service development proposals.

• (5) Licensed aerodromes where a development proposal—

• (a) is within an area identified as a potential hazard on an airport safeguarding map submitted by a licensed aerodrome; or

• (b) is for wind turbine development within 30 kilometres of the licensed aerodrome.

• (6) The Department of Agriculture and Rural Development where a development proposal—

• (a) is likely to impact upon drainage and/or flood defence provisions;

• (b) is—

• (i) on a riverine or coastal flood plain, or

• (ii) beyond flood plains on land with a known history of flooding;

• (c) may affect a flood bank or other flood control structure;

• (d) is likely to involve the alteration or diversion of a watercourse;

• (e) is of a size or nature that could significantly increase surface runoff; or

• (f) is a reserved matters application was made subject to an outline planning condition or informative applied following the consideration of a previous consultation response from the Department of Agriculture and Rural Development.

• (7) The Department of Enterprise, Trade and Investment on the following—

• (a) all energy infrastructure applications classed as major development;

• (b) all mineral applications; or

• (c) all applications for hydrocarbon exploration or extraction.

• (8) The Northern Ireland Housing Executive where a development proposal is likely to require a statement of affordable housing need.

Editorial notes

Validation particulars specified by direction

5A

• (1) Subject to paragraph 2 the council may specify by direction published on its website what particulars or verifying evidence shall accompany any application—

• (a) for planning permission; or

• (b) for approval of reserved matters.

• (2) Paragraph (1) only applies if the direction is—

• (a) reasonable having regard, in particular, to the nature, scale and location of the proposed development;

• (b) about a matter which it is reasonable to think will be a material consideration in the determination of the application; and

• (c) published or reviewed and re-published by the council during the 3 year period immediately before the date on which the application is made.

Design and access statements

Application for non-material changes to planning permission

Notice etc. of applications for planning permission and appeals

Certificates and notices under section 42 of the 2011 Act

Notice of reference of applications to the Department

Certificate of lawfulness of existing use or development and certificate of lawfulness of proposed use or development

Applications made under planning condition

Notice confirming non-compliance with direction

12A

• (1) This Article applies where any application is made to the council—

• (a) for planning permission; or

• (b) for approval of reserved matters,

and the council has made a direction under this Order specifying the particulars, or such verifying evidence, which shall accompany the application.

• (2) In the case of any application—

• (a) for planning permission mentioned in paragraph (1)(a); or

• (b) an application for approval of reserved matters mentioned in paragraph (1)(b),

the council shall give notice to the applicant if it considers the application has not been accompanied by such particulars, or verified by such evidence, as specified in the direction made under this Order.

• (3) A notice given under paragraph (2) shall be in writing and set out the council’s reasons for issuing the notice and shall specify the particulars or evidence as are reasonable for the council to request.

• (4) A notice given under paragraph (2) shall be deemed a refusal for an approval required under a development order under section 58(1) of the 2011 Act.

Appeal against a notice of non-compliance with direction

12B

• (1) If a council gives notice to an applicant under Article 12A(2) the applicant may by notice in writing stating the applicable grounds of appeal, appeal to the planning appeals commission.

• (2) Any notice under this Article shall be served on the planning appeals commission and the council within 14 days from the date of the council’s notice under Article 12A(2).

• (3) The appeal may be brought on any of the following grounds—

• (a) the application was accompanied by such particulars, or was verified by such evidence, as specified in the direction;

• (b) the identified particular, or such evidence verifying the particular, which the council asserts did not accompany the application has not been specified in the direction;

• (c) the council’s request specifying the particulars or evidence under the notice issued under Article 12A(2) is unreasonable; or

• (d) that the application is not one to which the direction applies.

• (4) The planning appeals commission may—

• (a) allow the appeal;

• (b) dismiss the appeal; or

• (c) vary the notice issued under Article 12A(2) to give effect to its determination on the appeal.

• (5) The planning appeals commission decision on the appeal is final.

Consultations as to applications for planning permission

Consultation before the grant of planning permission pursuant to section 54 of the 2011 Act

Duty to respond to consultation

Duty to respond to consultation: annual reports

Directions restricting the grant of planning permission

Directions requiring information

Directions requiring consideration of condition

Time periods for decisions

Permission to develop land without compliance with conditions previously attached

Written notice of decision or determination relating to a planning application

Schemes of delegation

Register of applications

Register of simplified planning zones and enterprise zones

Register of enforcement notices, etc.

Register of orders, directions and notices

Registers held using electronic storage

Use of electronic communications

Claims for compensation and purchase notices

Directions

Revocations