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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 16

16.(1) Subject to paragraph (2), the Ministry shall not entertain an
application for planning permission in relation to any land (in this Article
and in Article 17 referred to as "the designated land") unless it is
accompanied by one or other of the following certificates, that is to say,

(a)a certificate stating that the application is made by or on behalf of a
person who at the date of the application is in the actual possession of all
the designated land, being a person entitled to one of the following estates
in that land, namely

(i)a legal or equitable fee simple absolute, a legal or equitable fee tail or
a legal or equitable life estate;

(ii)a tenancy of which not less than forty years of the term thereof remain
unexpired;

(b)a certificate stating that the application is made by or on behalf of the
trustees of a trust or settlement which affects all the designated land and
that, at the date of the application

(i)a beneficiary under the trust or settlement is in the actual possession of
the designated land; and

(ii)no person other than a beneficiary under the trust or settlement is
entitled to enter into the actual possession of the designated land within a
period of forty years;

(c)a certificate stating that the requisite notice of the application has been
given by or on behalf of the applicant to each person who at the beginning of
the period of twenty-one days ending with the date of the application, in
relation to the designated land or any part thereof fell into any of the
following classes, namely

(i)that he was such a person as is described in sub-paragraph (a) or (b);

(ii)that (not being such a person as is described in sub-paragraph (a) or (b))
he was in the acutal possession of the designated land;

<(iii)that (not being a person falling under head (i) or (ii)) he was entitled to enter into the actual possession of the designated land within a period of forty years;


(d)a certificate stating

(i)that the applicant is unable to issue a certificate in accordance with
sub-paragraph (a) or (b); and

(ii)that he has made due inquiries and is of the opinion, for the reasons
specified in the certificate, that he is unable to issue a certificate which
would satisfy the requirements of sub-paragraph (c); and

<(iii)that he has given the requisite notice of the application to any person who, at the beginning of the period of twenty-one days ending with the date of the application, was in the actual possession of any part of the designated land.


(2) Paragraph (1) shall not apply to an application for planning permission
made

(a)by the Northern Ireland Housing Executive in pursuance of a redevelopment
scheme approved by the Ministry or proposed by the Executive;

(b)by the Northern Ireland Electricity Service to place an electricity line
above or below ground across any land.

(3) A certificate for the purposes of sub-paragraph (c) or (d) of paragraph
(1) shall set out the names and addresses of the persons to whom the requisite
notice was given in accordance with that sub-paragraph and the date of service
of the notice.

(4) Where an application for planning permission is accompanied by such a
certificate as is mentioned in paragraph (1)(c) or (d), the Ministry shall not
determine the application before the end of the period of fourteen days
beginning with the date appearing from the certificate to be the latest of the
dates of service of notices as mentioned in the certificate.

(5) Where a tenancy subsists in any land, and

(a)it is necessary, for the purposes of this Article, to determine whether a
person is entitled to enter into the actual possession of that land; and

(b)by reason of any option or other contractual right with respect to the
determination, renewal or continuance of the tenancy the date of expiry of the
tenancy is not ascertainable with certainty;

(6) If any person

(a)issues a certificate which purports to comply with the requirements of this
Article and which contains a statement which he knows to be false or
misleading in a material particular; or

(b)recklessly issues a certificate which purports to comply with those
requirements and which contains a statement which is false or misleading in a
material particular;

(7) Any certificate issued for the purposes of this Article shall be in such
form as may be prescribed; and any reference in this Article to the requisite
notice is a reference to a notice in the prescribed form.

© 1972 Crown Copyright

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