PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 22



22.(1) Where, in relation to an application for planning permission, or an
application for any approval required under a development order, the Ministry
considers that the development for which the permission or approval is sought
would, if permitted

(a)involve a substantial departure from the development plan for the area to
which it relates; or

(b)be of significance to the whole or a substantial part of Northern Ireland;
or

(c)affect the whole of a neighbourhood; [or

(d)consist of or include the construction, formation, laying out or alteration
of a means of access to a trunk road or of any other development of land
within 67 metres of the middle of such a road, or of the nearest part of a
special road;]

(2) For the purpose of considering representations made in respect of an
application for planning permission to which this Article applies, the
Ministry may cause a public local inquiry to be held by the planning appeals
commission.

(3) Where a public local inquiry is not held under paragraph (2), the Ministry
shall, before determining the application, serve a notice on the applicant
indicating the decision which it proposes to make on the application; and if
within such period as may be specified in that behalf in the notice (not being
less than twenty-eight days from the date of service thereof) the applicant so
desires, the Ministry shall afford to him an opportunity of appearing before
and being heard by the planning appeals commission.

(4) In determining an application for planning permission to which this
Article has been applied, the Ministry shall, where any inquiry or hearing is
held, take into account the report of the planning appeals commission.

(5) The decision of the Ministry on an application for planning permission to
which this Article has been applied shall be final.

[(6) In this Article "road" includes a proposed road and "special road",
"trunk road" and "proposed road" have the same meaning as in the Roads
(Northern Ireland) Order 1980.]

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 22