There is a special procedure for major planning applications set out in Article 31 of the 1991 Order. An application is submitted in the ordinary way and Article 31 may be applied to the application by the Department of the Environment for Northern Ireland where it considers that the development for which the planning permission is sought would, if permitted:
• involve a substantial departure from the development plan; or
• be of significance to the whole or a substantial part of Northern Ireland; or
• affect the whole of a neighbourhood; or
• involve certain developments relating to trunk roads.
Article 31 must be applied to an application within 2 months of it being validated by Planning Service. The Department of the Environment for Northern Ireland has the following three options in relation to Article 31 development:
1. issue a notice of opinion to refuse planning permission - this will allow the applicant the opportunity to seek a hearing at the PAC before the Department of the Environment for Northern Ireland makes the decision final; or
2. issue a notice of opinion to grant planning permission subject to conditions. In this case the applicant has the right to seek a hearing at the PAC in respect of the conditions before the Department of the Environment for Northern Ireland makes the decision final; or
3. cause a public inquiry to be held without having given any formal opinion.
In each case the Department of the Environment for Northern Ireland, before reaching a final decision, must take into account the report of the PAC but the final decision on the application rests with the Department of the Environment for Northern Ireland.
There is no statutory time limit on Planning Service in exercising one of the above options.
The PAC has published a guide on the procedures for public local inquiries which is available on their website www.pacni.gov.uk.