There is no general right to roam in the countryside. A person entering private land commits trespass unless they do so with expressed or implied consent. Public rights of access may exist over private land. Public rights of way may be established by long use at common law or by modern designation. A public right […]
Planning and Housing Act 1931, provided for schemes for the development and redevelopment of land, started planning responsibilities in the former councils (both rural and urban and county councils). These councils prepared planning schemes for their districts. The Minister of Housing was authorised to create a planning scheme when it was considered expedient with the […]
In Northern Ireland, planning responsibilities are divided between the Department and the local authority. The Department for Planning coordinates policies to ensure the orderly and consistent development of land and planning matters. These policies must be in conformity with the regional development strategy for Northern Ireland and must promote sustainable development, taking into account policies […]
Persons proposing to undertake certain major developments must enter into prior consultations with the department. The department may specify the requisite procedure. If the department is of the opinion that the development would have significance for the whole or substantial part of Northern Ireland, have effects outside Northern Ireland, or involve a departure from a […]
Planning permission is required for the carrying out of any development of lands. Development of land means the carrying out of building, engineering, minor, or other operations on, over, or under land. It also encompasses the material change of use of any building or land. Building operations include demolition, rebuilding, structural alterations, or additions, or […]
The department is obliged to compile a list of buildings with special archaeological and historical interest. It may be changed from time to time. In considering whether to include a building in the list, the department may take into account not only the building itself but also how its exterior contributes to the architectural or […]
Planning Northern Ireland enforcement. Any carrying out of development without planning permission where required or failure to comply with the terms and conditions of a planning permission is a breach of planning control. Enforcement is effected by an enforcement notice or a breach of condition notice. There is generally a five-year time limit for taking […]
Building Regulations in Northern Ireland Building Regulations (Northern Ireland) Order 1979, as amended. Building regulations may be expressed in terms of performance, material types, methods of construction, and requirements for safety. The Building Regulations Advisory Committee advises the Department on building regulations. Members of the Advisory Committee are appointed by the Department after consultation with […]
The regulations may prescribe prohibition and prescribe circumstances for carrying out prescribed work of a class involving matters of a prescribed description unless plans have been lodged with the District Council as above. They may make provision for enabling cases where a certificate is required, resolution as to whether a certificate ought to be issued […]
District councils are obliged to enforce building regulations. They may prescribe qualifications for authorized officers. Authorized officers have the power to enter premises, undertake tests, and inspect buildings for the purpose of exercising their functions. Generally, three days’ notice is required to enter premises without consent. An application may be made to the justice of […]