Explanatory Memorandum

Planning Reform (Northern Ireland) Order 2006

2006 No. 1252

Commentary on Articles

Part Iv Crown Application

Article 21 and Schedule 1 – Crown application

26.This Article removes Crown immunity subject to certain provisions and exceptions. It inserts new provisions regarding enforcement and applications for planning permission, etc by the Crown, and in relation to the service of notices on the Crown. Further amendments relating to the Crown are included in Schedule 1. These relate to service of enforcement notices, hazardous substances consent, rights of entry, compulsory acquisition of land for planning purposes and the service of purchase notices. Definitions relating to the Crown are revised and there are provisions requiring the Crown to provide information as to estates in Crown land.

27.The exceptions relate to the recovery by the Department of costs relating to the execution of works required by an enforcement notice, injunctions, urgent works to preserve a building in a conservation area and the recovery by the Department of costs relating to the execution of works required by an Article 82 enforcement notice (enforcement of duties as to replacement of trees).