Planning Agreements Amended Legislation
Published on Thu, 11 Aug 2005
The Statutory Rules set out below were made on the 27 July 2005.
The Commencement Order brings into operation on the 31st August 2005, amended primary legislation in relation to Planning Agreements.
The Planning (Amendment) (2003 Order) (Commencement No. 4) Order (Northern Ireland) 2005 (S.R. 2005 No. 352) (C.28)
The Planning (Modification and Discharge of Planning Agreements) Regulations (Northern Ireland) 2005 (S.R. 2005 No.353)
Article 40 of the Planning (Northern Ireland) Order 1991 enables the Department to enter into Planning Agreements with any person who has an estate in that land for the purpose of facilitating, regulating or restricting the development or use of the land either permanently or for a specified period of time.
The Planning (Amendment) (2003 Order) (Commencement No 4) Order (Northern Ireland) 2005 amends the provisions of the 1991 Order in relation to such agreements and introduces provisions to allow for applications for modification or discharge, of an agreement with the right to appeal to the PAC against the Departments determination.
The Planning (Modification and Discharge of Planning Agreements) Regulations (Northern Ireland) 2005 also come into operation on 31 August 2005. The Regulations provide for the form and content of such applications and the manner in which they are to be processed includes publicity determination and appeals.
Further operational guidance on the new processes will be posted to the www.planningni.gov.uk website towards the end of August 2005.