Charter Standards Statement
Development Control

Development control should make sure that new development, changes to buildings and land and their uses, are suitable for the site concerned and for the locality, and that unacceptable development does not take place. It involves considering planning applications and giving people information and advice about the planning system and about individual planning proposals.

It does not control how a building is built. There is a separate system of Building Regulations for that which is the responsibility of District Councils. If you get planning permission, you may also need to get approval under the Building Regulations system before you start work. The Department of the Environment has produced a booklet entitled "Helpful Hints On Northern Ireland Building Regulations - A Householders Guide". Further advice on Building Regulations can be obtained from your local District Council.

You need planning permission to carry out "development". Planning law defines "development" as "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land."

However, some developments, such as a small extension to your house or a short-term change in how you use your land, may not need a specific planning application. The Planning Service’s booklet "Your Home and Planning Permission" is a useful guide to explaining when planning permission is needed. If you are unsure about the need to get planning permission, talk to your Divisional Planning Office (DPO).

The Planning Service provides a pre-application enquiry facility which offers a valuable means of obtaining advice from the DPO prior to finalising your proposal and submitting a formal planning application. No fee is charged for this service.

You will need to decide what type of application you want to make. In most cases, if you know exactly what you want to do and have prepared detailed drawings, or if you want to change the use of your property, you will make a full application. However, you may want to see what The Planning Service thinks about your proposal before you go to the trouble of having detailed drawings prepared. In that case, you would make an application for outline planning permission. Remember, if you do make an outline application, you will still need to provide full details at a later stage. You can complete the forms, obtain the maps and submit a planning application yourself. However, you may find it helpful to seek professional advice.

It is important to find out as early as possible whether your proposal is in line with the development plan for the area (see Part One). If it clearly goes against the plan you will need to give convincing reasons why The Planning Service should set aside the plan. For certain types of development, such as proposals of a commercial nature or a building in the countryside, you will also need to consider published planning policies. You may find it helpful to talk to your DPO before you apply for permission or, alternatively, make a pre-application enquiry. Apart from helping you, it should also make it easier for the DPO to deal with your application once you make it. You can get an application form and help to fill it in from your DPO.

The Planning Service continuously reviews it’s policies in order to update or supplement published planning policies in response to changing needs and circumstances. You are advised to consult your DPO to find out what policies may apply to your development proposal. Staff in the DPO will be glad to explain these policies to you.

Policy publications include Planning Policy Statements and Development Control Advice Notes covering a wide range of types of development. Major publications such as Area Plans or the Planning Strategy for Rural Northern Ireland can be purchased from HMSO or obtained from libraries. The Planning Strategy for Rural Northern Ireland is a book containing over 100 planning policies listed by topic and covering all the towns, villages and countryside outside the Belfast Urban Area, the adjoining towns of Carrickfergus and Bangor, and Londonderry. If you want to build in rural areas you may find it helpful to see this book and it’s accompanying Rural Design Guide, or talk to your DPO about them.

Yes. The amount you have to pay will depend on the size and nature of your proposal. Details of the current fees, which are reviewed annually, are available on request from your DPO and are also issued with each planning application.

Making the decision; the consultation process

There are a number of key stages in reaching a decision on an application. The Planning Service will publicise the application, unless it is a minor household one, in at least one newspaper circulating locally. It will also notify immediate neighbours, by letter, of the proposal in accordance with it’s Neighbour Notification Scheme further details of which are available from your DPO. The Department’s Roads Service, Water Service and Environment and Heritage Service can all be important consultees on an application. The Planning Service will also consult other Government Departments and public sector bodies, as appropriate, depending on the nature of the application.

The Planning Service will take account of the provisions of the development plan, published policies and all material planning considerations before reaching an opinion on an application for presentation to the local District Council. District Councils do not have the power of decision on planning matters, however they have a statutory right to be consulted on all applications. Where a District Council agrees with the opinions presented by the DPO, a decision can issue quickly. However, where a District Council disagrees with the opinion reached by the DPO, it can defer the application for further consideration. If the issue cannot be resolved locally, the Council may refer the application to the Chief Executive's office where it will be considered by the Management Board which comprises the Agency Chief Executive and the Professional and Corporate Services Directors, where it will be re-examined. In all cases The Planning Service will write to you to give you the outcome of your application. If your application is turned down, or approved with conditions, it will explain why.

Certain major applications, such as those which involve a substantial departure from the development plan for an area; or are of significance to the whole or a substantial part of Northern Ireland; or affect the whole of a neighbourhood, are not dealt with under this normal consultation process as they involve a special procedure which usually includes the holding of a public local inquiry by the Planning Appeals Commission (PAC). The PAC appoints a Commissioner to conduct the public inquiry and submits the report plus a corporate recommendation. The Planning Service’s decision on an application dealt with under this special procedure is final and there is no right of appeal.

Planning law states that if The Planning Service has not determined your application within a 2 month period, you can appeal to the PAC to have it determined (see Part Four). Some applications do however raise difficult issues which take longer to decide. We have set targets for determining different categories of applications classed as minor or major applications (see Part Seven).

You normally have to start work within 5 years, however, The Planning Service can set a shorter period. If you do not start within the required time limit you will have to reapply. The Planning Service does not have to renew your permission and must take into account any new factors which may affect your proposal, such as a revised development plan or new policies.

On average, The Planning Service approves 9 out of 10 planning applications. If The Planning Service refuses your application, ask if there are any changes you could make to get a revised application approved. Alternatively, you can appeal to the PAC (see Part Four).

For a fee, The Planning Service provides a property information service, in the form of property certificates, for the benefit of potential house purchasers. These set out the planning history of the site and provide information supplied by other Agencies, including road and water related issues. Fees, which are reviewed annually are currently £40. Further information is available through Planning Service Headquarters.