Planning Applications
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 local development plan, it must serve a written notice stating that the above requirements apply. An application for major development must be made to the department.
Alternatively, the department may serve notice of its opinion that the development is not a major development, in which case an application is made to the appropriate council. For the purpose of considering representations made in respect of the planning application, other than those affecting national security, the department may cause a public inquiry to be held by the Planning Appeals Commission or by a person appointed by it.
In cases where a public inquiry is not held, the department must serve written notice to the applicant and the appropriate council, indicating the decision it proposes to make. If, within the specified period, not less than 28 days, the applicant or councils request, the department shall afford each of them an opportunity to appear before and be heard before the Planning Appeals Commission or the person appointed by the department.
In determining the planning application, the department, as per the inquiry, takes account of the report of the Appeals Commission or the person appointed by the department. The decision of the department on an application for planning permission made to it is final.
Before submitting a planning application for a major development, prospective applicants must comply with certain procedures.
Certain procedures apply to major developments. The applicant must prepare a pre-application community consultation report on what has been done to effect simple consultation.
The department may issue directions requiring applications or planning permissions made to a council to be called in and dealt with by the department instead of the council. This may apply to a particular council or councils generally or relate to certain types of applications. Broadly similar procedures apply to called-in applications as applied to applications for major development.
A council must establish a scheme of delegation, and it may be required by the department or influenced by specified regulations. Under the scheme of delegation, the councils specify categories of local development that are to be decided by a person normally appointed by the council.
The determination is deemed to be that of the council. The forms, procedures, and publication requirements regarding a scheme of delegation are governed by regulation.
The department must, by order, issue a development order, which provides for the grant of planning permission. The development order may itself grant planning permission for development in the order or for a class of development, or it may provide for granting planning permission by the council upon application.
The development order may be a general order applicable except insofar as otherwise provided for land, or it may be a special order applicable only to specified land. If a planning permission is granted by a development order of a particular class, the order may enable the council or the department to direct that the permission shall not apply either in relation to development in a particular area or to any particular development.
A development order may direct that any statutory provision in relation to development specified in the order is not to apply to that specified or is to apply subject to such modifications as may be specified.
Regarding planning schemes, a simplified planning zone consists of maps and written statements that the council for the district deems appropriate to explain the schemes. It specifies the permitted development or classes of development, the land in relation to which permission is given, and any conditions, limitations, or exceptions granted.
A council may establish a simplified planning zone scheme for any area within its district. It must be consistent with the regional development strategy, department policy, or guidance on the conditions and limitations of planning permission. A simplified planning zone scheme may include conditions or limitations on permitted development for specific descriptions of permitted development or conditions and limitations requiring the consent or approval of the council.
A simplified planning scheme is set to last for 10 years, after which it may be altered and renewed. It may not include land in conservation areas designated as special scientific interest, outstanding natural beauty, or national parks. The department may exclude simplified planning schemes from being established in specific areas.
Orders under earlier enterprise zones are deemed as granting planning permissions for development specified in the scheme or any development of any class specified. Planning permissions are subject to conditions specified in the scheme. The department may direct that the permission shall not apply to specified development, classes of development, or specific types within designated areas within the zone.
The form and content of applications for planning permission are outlined in regulation. An application for planning permission must include the design principles and concepts applied to the development and a statement of how issues relating to access have been addressed.
Regulations may require that notice of the application be given and publicized in certain forms, with proof of compliance provided.
A council or department does not consider an application for planning permission unless it is accompanied by a certificate affirming that the person has an interest in the property at least equal to that of a 40-year lease. Alternatively, it must be certified that notice of the application has been given to persons with an interest in the land. If, after inquiries, it is not possible to give such notice, this must be demonstrated.
If it appears to the council that development has been carried out without planning permission or without the approval of a council required under development regulation, the council may issue a notice requiring the submission of a planning application within 28 days. This can only be done within five years after the commencement of development, and failure to apply for planning permission or approval within the specified period constitutes an offense.
The person to whom the notice has been served may appeal the notice to the Planning Appeals Commission on the grounds that the matters do not constitute development, occurred more than five years ago, or that the alleged development did not take place.
In determining a planning application, the department or council must take into account the local development plan and any other material considerations. They may grant planning permission conditionally or unconditionally or may refuse planning permission.
Regulations specify a minimum period for the consideration of a planning permission during which permission may not be granted. In determining an application for planning permission, the council or department must take into account representations relating to that application and representations made by persons with an interest in the property.
A council may decline to consider subsequent applications if they are made within a certain period of refusals of similar applications or if there is no significant change in the relevant considerations in the meantime. Similar provisions apply to determinations by the department. Councils and the department may also decline to determine similar or overlapping applications made while other applications are pending or under appeal or where there are similar applications.
The regulations may provide for consideration to be given to the environmental effects of developments.
Conditions may be imposed on the granting of planning permission for acquiring or regulating the development or use of land under the control of the applicant or for acquiring works to be undertaken on such land as are expedient in connection with the authorized development or by requiring the removal of buildings or works by discontinuance of the use of any land authorized.
Planning permissions can be granted for a limited period. They may require the removal of buildings or works or the discontinuance of use after the period has terminated.
Permissions may be imposed on the granting of planning permissions for the working of minerals after working is complete or for the restoration and reinstatement of the site. Restoration or after-care conditions may be set.
An application can be made to vary the conditions applicable to a planning permission. An application can be made for retention permission where development is carried out without planning permission or in breach of the terms of a planning permission.
Regulations may be made dealing with the manner in which applications for planning permission are to be dealt with by councils or the department, including, in particular:
- Allowing the department to give directions to restrict granting permissions by a council indefinitely or during a specified period for such development as may be specified.
- Enabling the department to give directions to the council requiring, in respect of any such development or class of development that may be specified, to consider whether the planning council is minded to grant permission, imposing specified conditions, or not to grant permission without satisfying the department that such consideration has been given and that specified conditions need to be imposed.
- Requiring that councils must consult with specified persons before granting or refusing permission.
- Requiring that the department must consult with other authorities or persons before making or refusing a planning permission.
- Requiring the council or the department to issue notices as may be specified in relation to the determination of the matter.
- Requiring the council or department to give any application for consent or approval required by a condition in the planning permission notice of the decision or such other information as may be specified.
Planning permission attaches for the benefit of the land and all persons for the time being having a right to it.