Retained Planning and Enforcement Cases
Published on Mon, 30 Mar 2015 by SPDAdmin@doeni.gov.uk.
Transitional provisions for dealing with undetermined planning applications and for certain enforcement cases in Strategic Planning Division.
The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) 2015 was made on 12 February 2015. The Order makes transitional provisions for the handling of undetermined applications made to the Department and enforcement action instigated by the Department prior to the transfer of planning powers, as well as transitional provisions for undecided appeals against a decision taken by the Department under the provisions of the Planning (Northern Ireland) Order 1991.
For undetermined planning applications the Order provides that any applications included in a list published on the Department’s website on the date of transfer of functions to local government (1 April 2015) shall be treated as if they had been referred to the Department under section 29 of the Planning Act (Northern Ireland) 2011 – see Annex A. In addition, any enforcement action identified in a similar list shall be treated as if it had been done by, to, or in relation to the Department in connection with its Enforcement functions under the Planning Act (Northern Ireland) 2011 – see Annex B.
Notes for Editors
- The transfer of functions to Local Government takes effect on 1 April 2015.
- Further information about the transfer of planning generally can be found at http://www.doeni.gov.uk/index/local_government/local_government_reform.htm
- Under the new structure the Department’s Strategic Planning Division will be responsible for processing applications deemed to be of regional significance or those which may be ‘called in’ from the Councils. Decisions on these will be made on a case by case basis.
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