Information Leaflet 11: Applications raising matters relating to National Security
The Planning (Issue of Certificate) Rules (Northern Ireland) 2006 (The Certificate Rules)
The Secretary of State (SoS) may certify that Article 123B of the 1991 Order applies to “an application for planning permission or an application for any consent, certificate, approval or determination under the 1991 Order or a development order” where he is of the opinion that the Department’s consideration of the application or of any associated representations or objections raises matters relating to national security; or the measures taken or to be taken to ensure the security of any premises or property; and the public disclosure of information as to any of those matters would be contrary to the national interest.
The Rules can be found on Opsi Website.
There are two main scenarios:
- the first is where the applicant believes a certificate is required from the SoS in relation to his application; and
- the second is where the objector to an application believes a certificate is required from the SoS in relation to a third party’s application.
However, scenario 1 could arise both at submission of an application and from an objection to an application already made and being processed in the normal way.