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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 109

109. The savings and transitional provisions set out in Schedule 5 shall have
effect.

Art.110(1), with Schedule 6, effects amendments; para.(2), with Schedule 7,
effects repeals

1. References to the Ministry or to the Council shall be construed as
references to the Ministry within the meaning of this Order.

2. References to Schedule 6 to the Local Government Act (Northern Ireland)
1972 shall be construed as references to that Schedule as modified by this
Schedule.

3. Omit paragraph 1 of that Schedule.

4. In paragraph 2 of that Schedule

(a)omit the words "in such form and manner as the Ministry directs";

(b)in sub-paragraph (c) for the words "as may be prescribed " substitute the
words "as the Ministry considers fit".

5. In paragraph 3(1)(b) after the word "held" insert the words "by the
planning appeals commission or by any other person".

6. In paragraph 4 omit the words from "and may provide" onwards.

7. In paragraph 5

(a)in sub-paragraph (1)(a) omit the words "in the prescribed form and manner";

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be
construed as references to this Order;

(c)in sub-paragraph (1)(d) omit the words "in the prescribed form";

(d)in sub-paragraph (2) for the words "as may be prescribed" substitute the
words "as the Ministry considers fit".

8. In paragraph 6(2) for the words "fund out of which the expenses of the
Council in acquiring the land are to be defrayed" substitute the words
"Consolidated Fund" and for the words "out of the Compensation Fund" there
shall be substituted the words "made by the Ministry".

9. In paragraph 11(3) omit the words "in the prescribed form".

10. In paragraph 12

(a)in sub-paragraph (1) omit the words "such" and "as may be prescribed";

(b)in sub-paragraph (2) for the words from "clerk" to "directs" substitute the
words "Ministry as correct, and publish".

11. In paragraph 14(1) omit the words "in the prescribed form".

12. In paragraph 15(1) for the words "in the prescribed form" substitute the
words "in such form as may be approved by the Ministry".

13. Omit paragraph 19.

14. Omit paragraph 20(2).

1. The Council shall consist of a Chairman appointed by the Minister of
Development and such number of other members so appointed as the Minister may
determine.

2. A member of the Council shall hold office for a maximum period of three
years but shall be eligible for re-appointment.

3. The Ministry may pay to the Chairman and members of the Council allowances
for travelling and other out-of-pocket expenses increased in connection with
the business of the Council at such rates as the Ministry, with the approval
of the Ministry of Finance, may determine.

4. The Council may regulate its own quorum and procedure.

5. The Council shall prepare and submit to the Minister an annual report, and
the Minister shall lay a copy of the report before each House of Parliament.

6. The secretary to the Council shall be such person as the Ministry may
appoint.

1.(1) The appeals commission shall consist of the following persons appointed
by the Governor, that is a chief commissioner and such number, if any, of
other commissioners as the Ministry may, with the consent of the Ministry of
Finance determine.

(2) A commissioner shall not engage, whether directly or indirectly, or be a
partner of any person who engages, in a gainful profession, occupation or
business if to do so would in any way be incompatible with his functions under
this Order.

(3) There shall be paid to a commissioner such remuneration and allowances and
to him, or in respect of his services, such pensions, allowances or benefits
as the Ministry may determine with the approval of the Ministry of Finance.

Sub-para.(4) rep. by 1975 c.25 s.5(2) sch.3

2.(1) The Ministry may appoint persons to assist the appeals commission in the
performance of its functions.

(2) There shall be paid to persons appointed under sub-paragraph (1) such
remuneration and allowances and to, or in respect of the service of, those
persons such pensions, allowances or benefits as the Ministry may determine
with the approval of the Ministry of Finance.

1. Any entry in a list compiled under Article 31.

2. Tree preservation orders.

3. Enforcement notices which take effect in relation to any land.

4. Listed building enforcement notices which take effect in relation to a
building.

1.(1) Any application for permission to develop land made under the Act of
1944 to an interim development authority before the appointed day, being an
application which has not been determined before that day, shall be treated
for the purposes of this Order as an application made to the Ministry under
Part IV for planning permission for the like development, and shall be treated
as having been so made on the appointed day, except that so much of Article 15
as requires the publication of planning applications shall not apply.

(2) The repeal by Schedule 7 of sections 2(6) and 5 of the Act of 1944 shall
not affect the operation of those sections in their application to any appeal
before the appointed day or to any planning decision given under that Act if
before the appointed day no appeal has been brought against the decision and
the period during which an appeal could have been brought has not expired.

(3) The repeal by Schedule 7 of section 6 of the New Towns Act (Northern
Ireland) 1965 shall not affect the operation of that section in its
application to an application for permission for the interim development of
land if, before the appointed day, the Ministry has served a notice on the
applicant, affording him an opportunity of appearing before a person appointed
by the Ministry under section 6(4) of that Act.

(4) Any application for permission for the interim development of land which,
under section 6 of the said Act of 1965, is made to the Ministry, other than
an application such as is mentioned in sub-paragraph (3), shall be treated for
the purposes of this Order as an application made to the Ministry under
Part IV for planning permission for the like development, and shall be treated
as having been so made on the appointed day, except that so much of Article 15
as requires the publication of planning applications shall not apply.

2.(1) Where any works on land existing at the appointed day were carried out,
or any use to which land is put on that day, was begun otherwise than in
accordance with planning permission granted under the Act of 1944 or under the
terms of an interim development order then, subject to this paragraph, Part VI
shall apply thereto as it applies in relation to development carried out after
the appointed day without the grant of permission in that behalf under
Part IV.

(2) The power of the Ministry under Article 19 to grant permission for the
retention on land of buildings or works constructed or carried out before the
date of application, or for the continuance of any use of land instituted
before that date, shall include power to grant such permission in respect of
which the Ministry is empowered to serve an enforcement notice by virtue of
this paragraph; and where permission is so granted sub-paragraph (1) shall
cease to apply to the works or use to which the permission relates, but
without prejudice to the application thereto of the provisions of this Order
relating to enforcement with respect to the contravention of conditions
subject to which permission for development has been granted thereunder.

3.(1) Where any works on land existing at the appointed day, or any use to
which land is put on that day, has been authorised by a permission under
the Act of 1944 granted subject to conditions, Part VI shall apply in relation
to those works or that use as if the conditions had been imposed on the grant
of planning permission under Part IV.

(2) Without prejudice to the generality of sub-paragraph (1), where any such
permission as aforesaid was granted subject to a condition in whatever form
restricting the period for which the works or use may be continued on the
land, then if that period has not expired at the appointed day and the works
are not removed, or the use discontinued, at the end of that period, Part VI
shall apply in relation thereto as if the works had been carried out, or the
use begun, as the case may be, at the end of that period and without the grant
of planning permission in that behalf under Part IV.

(3) The power of the Ministry under Article 19 to grant permission for the
retention on land of buildings or works constructed or carried out before the
date of the application, or the continuance of any use of land instituted
before that date, shall include power to grant such permission in respect of
any works or use authorised by a permission granted subject to any such
conditions as are mentioned in sub-paragraph (2); and where permission is so
granted sub-paragraph (2) shall cease to apply to the works or use to which
the permission relates, but without prejudice to the application thereto of
the provisions of Part VI with respect to the contravention of conditions
subject to which permission for development has been granted under Part IV.

4. Articles 25 and 26 do not apply to planning permissions granted before 1st
September 1971 but shall apply to planning permissions granted on or after
that date.

5.(1) Subject to sub-paragraph (2), every planning permission granted before
1st September 1971 shall, if the development to which it relates had not been
begun before that date, be deemed to have been granted subject to a condition
that the development must be begun within the period of five years following
that date.

(2) Sub-paragraph (1) does not apply

(a)to any planning permission which was granted before 1st September 1971
subject to an express condition that the development to which it relates
should be begun or be completed not later than a specified date or within a
specified period; or

(b)to any such planning permission as is mentioned in Article 25(3).

6.(1) Subject to sub-paragraph (2), where before 1st September 1971 outline
planning permission (as defined by Article 26(1)) has been granted for
development consisting in or including the carrying out of building or other
operations, and the development had not been begun before that date, that
planning permission shall be deemed to have been granted subject to conditions
to the following effect:

(a)that, in the case of any reserved matter (as defined in that Article),
application for approval must be made within three years of 1st September
1971; and

(b)that the development to which the permission relates must be begun by
whichever is the later of the following dates:

(i)the expiration of five years from 1st September 1971; or

(ii)the expiration of two years from the final approval of the reserved
matters or, in the case of approval on different dates, the final approval of
the last such matter to be approved.

(2) Sub-paragraph (1) does not apply to an outline planning permission granted
before 1st September 1971 subject to an express condition that the development
to which it relates should be begun, or be completed, or that application for
approval of any reserved matter should be made, not later than a specified
date or within a specified period.

(3) For the purposes of sub-paragraph (1), a reserved matter shall be treated
as finally approved when an application for approval is granted or, when there
is an appeal under section 2(6) of the Act of 1944, on the date of the
determination of the appeal.

7.(1) In Articles 27 and 28, references to Articles 25 and 26 shall
respectively include references to paragraphs 5 and 6.

(2) In Articles 27 and 70(3) references to the conditions referred to in
Articles 25 and 26 shall include references to the conditions referred to in
paragraphs 5 and 6.

8. In respect of planning decisions given before the appointed day, references
in Articles 25 and 26 and in paragraphs 5 and 6 to outline planning permission
shall be construed as references to general planning permission and the
reference in Article 27 (2) to an appeal under Article 23 shall be construed
as a reference to an appeal under section 2(6) of the Act of 1944.

9.(1) Where permission for any development of land has been granted before the
appointed day on an application made under the Act of 1944 or the New Towns
Act (Northern Ireland) 1965 then if and so far as that development has not
been carried out before the appointed day and the permission granted as
aforesaid is in force immediately before that day, planning permission shall
be deemed by virtue of this paragraph to be granted in respect thereof under
Part IV, subject to the like conditions, if any, as were in force in respect
of that permission at that time.

(2) Article 29 shall apply in relation to a permission which is deemed to be
granted by virtue of sub-paragraph (1) as if it had been granted on an
application made in that behalf under Part IV.

10. Where a hearing has been held under section 3 of the Act of 1944 before
the appointed day but no order has been made under that section, the Ministry
may make an order under Article 29 as if the hearing already held had been a
hearing held under Article 29 following an application for the making of an
order by the Ministry under that Article.

11. The repeal by Schedule 7 of sections 35 and 36 of the Act of 1965 shall
not have effect in relation to a planning decision given under the Act of 1944
before the appointed day.

12.(1) Where any planning permission granted in relation to any land before
4th February 1968 is subject to the conditions specified in paragraph 5 or 6,
then notwithstanding anything in Part I of the Act of 1965, an application or
a further application may, within five years from 1st September 1971, be made
to the Ministry under section 5 of that Act requiring it to ascertain the
development value of that land.

(2) In ascertaining the development value of any land in pursuance of an
application or further application made by virtue of sub-paragraph (1), Part I
of the Act of 1965 shall have effect as if

(a)any planning permission which, under section 3(4) of that Act, would
otherwise be taken into account in ascertaining the restricted or unrestricted
value of the land, had not been granted;

(b)for any reference to the specified date there were substituted a reference
to 1st September 1971;

(c)any reference (except in section 7(a) of that Act) to a Part I application
included a reference to such an application made by virtue of sub-paragraph
(1).

(3) Except as provided by Article 81, nothing in this Order or in any
instrument (within the meaning of the Interpretation Act (Northern Ireland)
1954) made under it shall affect any functions of the Post Office under the
enactments relating to telegraphs or apply to any telegraphic lines (within
the meaning of the Telegraph Act 1878) placed or maintained by virtue of those
enactments.

Schedule 6Amendments. Schedule 7Repeals

1878 c.76

© 1972 Crown Copyright

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