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Homepage > The Work of the Assembly > Legislation > Primary Legislation > Planning Bill NIA Bill 7/10

Planning Bill

Marshalled List of Amendments
Further Consideration Stage

Monday 21 March 2011

Amendments tabled up to 9.30am Wednesday, 16 March 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 53 , Page 32, Line 17

At end insert -

‘(iv) use for ecological purposes’

Mr Willie Clarke  

Amendment 2 [Negatived on division]

Clause 58 , Page 35, Line 37

At end insert -

‘(1A) The Department may by regulations provide for an appeal under subsection (1) to be made by a person other than the applicant, subject to such limits as may be specified.’

Ms Anna Lo
Mr Danny Kinahan
Mr Alex Maskey
Mr John Dallat

Amendment 3 [Made]

Clause 103 , Page 64, Line 20

Leave out ‘level 5 on the standard scale’ and insert ‘the statutory maximum’

Minister of the Environment

Amendment 4 [Made]

Clause 105 , Page 66, Line 16

Leave out ‘under this section’

Minister of the Environment

Amendment 5 [Not moved]

Clause 122 , Page 79, Line 22

Leave out ‘are dying or dead or’

Dr Stephen Farry
Ms Anna Lo
Mr Christopher Lyttle

Amendment 6 [Made]

Clause 122 , Page 79, Line 22

Leave out ‘dying or’

Dr Stephen Farry
Ms Anna Lo
Mr Christopher Lyttle

Amendment 7 [Made]

Clause 179 , Page 119, Line 22

After ‘as’ insert ‘section 27(3) applies section 23 and’

Minister of the Environment

Amendment 8 [Made]

Clause 179 , Page 119, Line 22

At end insert -

‘(c) section 40, in so far as that section relates to claims for compensation under the provisions mentioned in paragraph (a).’

Minister of the Environment

Amendment 9 [Made]

Clause 189 , Page 124, Line 31

After ‘council’ insert ‘or the Department’

Minister of the Environment

Amendment 10 [Made]

Clause 228 , Page 145, Line 35

After ‘of’ insert ‘Part 3 of’

Mr Cathal Boylan

Amendment 11 [Made]

Clause 232 , Page 148, Line 20

At end insert ‘except where those matters are matters of national security’

Minister of the Environment

Amendment 12 [Made]

Clause 246 , Page 157, Line 35

Leave out from ‘by’ to ‘Department’ on line 36

Minister of the Environment

Amendment 13 [Not called]

Clause 247 , Page 158, Line 3

After ‘sections’ insert -

‘58(subsection to be inserted by Amendment 2)’

Ms Anna Lo

Mr Kieran McCarthy

Amendment 14 [Made]

New Clause

After clause 247 insert -

‘Amendment of the Planning ( Northern Ireland) Order 1991

Increased penalties for certain offences under the Planning (Northern Ireland) Order 1991

247A. ¾(1) In Article 44(6) of the Planning (Northern Ireland) Order 1991 (in this section referred to as “the 1991 Order”) (control of works for demolition, alteration or extension of listed building) for “£30,000” substitute “£100,000”.

(2) In Article 66(1) of the 1991 Order (penalties for contravention of tree preservation orders) for “£30,000” substitute “£100,000”.

(3) The amendments of the 1991 Order set out in this section do not have effect in relation to any offence committed before the coming into operation of this section.’

Minister of the Environment

Amendment 15 [Made]

New Clause

After clause 247 insert -

‘Amendment of certain time periods in relation to enforcement

247B. ¾(1) In Article 23 of the Planning (Northern Ireland) Order 1991 (in this section referred to as “the 1991 Order”) (notice requiring planning application) in paragraph (2) for “4” substitute “5”.

(2) In Article 24 of the 1991 Order (appeal against notice under Article 23) in paragraph (2)(c) for “4” substitute “5”.

(3) In Article 67B of the 1991 Order (time limits) ¾

(a) in paragraphs (1), (2) and (4)(b) for “4” substitute “5”;

(b) in paragraph (3) for “10” substitute “5”.

(4) In Article 67F of the 1991 Order (temporary stop notice: restrictions) in paragraph (2) for “4” substitute “5”.

(5) In Article 73 of the 1991 Order (service of stop notice) in paragraph (3D) for “4” substitute “5”.

(6) In Article 82 of the 1991 Order (enforcement of duties as to replacement of trees) in paragraph (2) for “4” substitute “5”.’

Mr Cathal Boylan

Amendment 16 [Made]

Clause 252 , Page 162, Line 12

Leave out ‘248’ and insert ‘247A, 248’

Minister of the Environment

Amendment 17 [Made]

Clause 252 , Page 162, Line 18

Leave out ‘Sections 85 and 126 come’ and insert ‘Section 247A comes’

Minister of the Environment

Amendment 18 [Made]

Schedule 3 , Page 188, Line 38

Leave out ‘(6), (7) and (8)’ and insert ‘(5) and (6)’

Minister of the Environment

Amendment 19 [Made]

Schedule 6 , Page 193, Line 32

At end insert -

‘9A. In Article 68(1) for “Order” substitute “Act”.’

Minister of the Environment

Amendment 20 [Made]

Schedule 6 , Page 195, Line 6

At end insert -

‘ The Estate Agents Act 1979 (c. 38)

22A. In section 1(2)(e) for “Planning (Northern Ireland) Order 1991” substitute “Planning Act (Northern Ireland) 2011”.’

Minister of the Environment

Amendment 21 [Made]

Schedule 6 , Page 206, Line 14

At end insert -

‘The Caravans Act (Northern Ireland) 2011 (c. 12)

109. In section 17(1), in the definition of “planning permission”, for “Part 4 of the Planning (Northern Ireland) Order 1991” substitute “Part 3 of the Planning Act (Northern Ireland) 2011”.’

Minister of the Environment

Amendment 22 [Made]

Schedule 7 , Page 206

Leave out lines 31 to 35

Minister of the Environment

Amendment 23 [Made]

Schedule 7 , Page 206, Line 37

After ‘131’ insert ‘and 132’

Minister of the Environment

Amendment 24 [Made]

Schedule 7 , Page 207, Line 41

 

At end insert -

‘The Planning (Northern Ireland) Act 2011.

Section 247A.’

Minister of the Environment

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