Strategic Planning Bill
[AS INTRODUCED]
Contents
- Certain policies, plans and schemes under the Planning Order to be in general conformity with the regional development strategy
- Development plans: statement as to general conformity with the regional development strategy
- Regional development strategy: transitional arrangements for certain development plans
- Short title and interpretation
A
B I L L
TO
Make further provision in relation to the regional development strategy for Northern Ireland.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Certain policies, plans and schemes under the Planning Order to be in general conformity with the regional development strategy
1. In each of the following provisions of the Planning (Northern Ireland) Order 1991 (NI 11)¾
(a)Article 3(1A) (policy under that Article to be consistent with the regional development strategy);
(b)Article 4(1A) (development plan for an area to be consistent with the regional development strategy); and
(c)Article 86(6) (development scheme to be consistent with the regional development strategy),
for the words "consistent with" there shall be substituted the words "in general conformity with".
Development plans: statement as to general conformity with the regional development strategy
2.¾ (1) This section applies where the Department of the Environment proposes to make, alter or replace a development plan for an area under Part III of the Planning (Northern Ireland) Order 1991; and references in this section to Articles are to Articles in that Part.
(2) Not later than the beginning of the period of 28 days immediately before it proposes to make copies of the relevant documents available for inspection in accordance with Article 5(4) or (as the case may be) Article 6(3), the Department of the Environment shall send a copy of those documents to the Department for Regional Development.
(3) The Department for Regional Development shall consider the documents received by it under subsection (2) and within the period of 28 days beginning with the day on which it received those documents shall¾
(a)determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and
(b)give the Department of the Environment a statement in writing which¾
(i)sets out that opinion; and
(ii)if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.
(4) The Department of the Environment shall make copies of any statement received under subsection (3) available for inspection under Article 5(4) or (as the case may be) Article 6(3) together with copies of the relevant documents.
(5) A statement to which subsection (3)(b)(ii) applies shall be treated for all purposes as an objection duly made by the Department for Regional Development within the prescribed period referred to in Article 5(5) or (as the case may be) Article 6(4).
(6) Not later than the beginning of the period of 28 days immediately before it proposes to make an order under Article 8(1) adopting a plan, alteration or replacement plan, the Department of the Environment shall send to the Department for Regional Development a copy of¾
(a)the draft order; and
(b)the plan, alteration or replacement plan to which the order relates.
(7) The Department for Regional Development shall consider the documents received by it under subsection (6) and within the period of 28 days beginning with the day on which it received those documents shall¾
(a)determine whether in its opinion the relevant plan is in general conformity with the regional development strategy; and
(b)give the Department of the Environment a statement in writing which¾
(i)sets out that opinion; and
(ii)if that opinion is to the effect that the relevant plan is not in general conformity with the regional development strategy, gives the reasons for that opinion.
(8) The Department of the Environment shall consider any statement received under subsection (7) before making an order under Article 8(1).
(9) In this section "the relevant plan" means¾
(a)where the Department proposes to make a development plan, the plan proposed to be made;
(b)where the Department proposes to alter a current development plan, the current plan as proposed to be altered;
(c)where the Department proposes to replace a current development plan, the plan proposed to replace the current plan.
Regional development strategy: transitional arrangements for certain development plans
3.¾ (1) This section applies to the following development plans ("excepted plans") ¾
(a)the Cookstown Area Plan 2010;
(b)the Craigavon Area Plan 2010;
(c)the Dungannon and South Tyrone Area Plan 2010.
(2) Section 2 does not apply in relation to the making of an excepted plan.
(3) The following provisions¾
(a)Article 3(1A) of the Planning (Northern Ireland) Order 1991 (NI 11) (policy of Department of the Environment under that Article to be in general conformity with regional development strategy); and
(b)Article 5 of the Strategic Planning (Northern Ireland) Order 1999 (NI 4) (departments exercising functions in relation to development to have regard to the regional development strategy),
do not apply to the Department of the Environment exercising functions under Part III of the Planning (Northern Ireland) Order 1991 in relation to the making of an excepted plan.
(4) Article 4(1A) of the Planning (Northern Ireland) Order 1991 (development plan for an area must be in general conformity with the regional development strategy) does not apply in relation to an excepted plan.
(5) The reference in subsection (4) to an excepted plan is to the plan as adopted under Article 8 of the Planning (Northern Ireland) Order 1991; and accordingly that subsection ceases to apply in relation to an excepted plan if it is altered or replaced.
Short title and interpretation
4.¾ (1) This Act may be cited as the Strategic Planning Act (Northern Ireland) 2002.
(2) This Act shall be construed as one with the Planning (Northern Ireland) Order 1991.