Planning Portal

Information Leaflet 11: Applications raising matters relating to National Security
The Planning (Inquiry Procedure) Rules (NI) 2006 (The Inquiry Procedure Rules)

These rules apply to an inquiry which the Department is required to hold as a consequence of a certificate issued under Article 123B of the 1991 Order. The rules are quite detailed and it is not proposed to recite them at length in this leaflet. 
The Rules set out the responsibilities and requirements placed upon the Department, the inspector appointed by the Department to hold the inquiry and the other interested parties including as appropriate the applicant, persons making representations and appointed representatives (see Functions of Appointed Representatives in NSD & AR rules section).
The main elements of the rules are as follows:
Supply of Preliminary Information by the Department to the applicant,persons it is required to consult and persons who have made representations about the application Rule 4
The procedure where the inspector holds a pre-inquiry meeting including publicity, the responsibilities of the participants and the powers of the inspector Rule 5 & 7
The provision and receipt of statements of case by the participants prior to the inquiry Rule 6
The Inquiry timetable arranged by the inspector Rule 8
The date and notification of the Inquiry by the inspector including publicity Rule 9
Appearances at the Inquiry – those who are entitled to appear and the discretion of the inspector to permit others to appear Rule 10
Provision for representatives of Government departments and other authorities to be made available at the inquiry Rule 11
Provision for proofs of evidence including publication of documents Rule 12
Preparation and publication of a statement of common ground by the Department and the applicant or, where the application is made by or on behalf of the Crown, by the appointed representative and the applicant. Rule 13
The procedure at the Inquiry – procedures not provided for will be determined by the inspector Rule 14
Provision for accompanied or unaccompanied site visits by the inspector before, during or after the inquiry Rule 15
The procedure after the inquiry including the making of the inspector’s report, what is to happen where the Department disagrees with any recommendation and provision for re-opening the inquiry should the Department so decide Rule 16
Notification of the Department’s decision on an application to persons who appeared at the inquiry Rule 17
Provision for the use of electronic communications Rule 21
Nothing in the rules requires or permits closed evidence to be disclosed to a person other than the inspector, the Department, the appointed representative or a person specified in a direction given under Article 123A. Rule 22
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