Our Functions
PLANNING APPEALS COMMISSION FUNCTIONS (as at 1st January 2013)
The Commission currently has 80 functions under various pieces of legislation. Unless otherwise stated, the references in brackets are to the Planning (Northern Ireland) Order 1991 as amended.
Planning Legislation
1.Hearing and reporting on objections to development plans [Article 7].
2.Hearing and reporting on objections to simplified planning zone schemes [Article14(6)].
3.Hearing and reporting on representations relating to proposed completion orders where development was not completed by the time an area ceased to be a simplified planning zone [Article 16(3)].
4.Hearing and reporting on representations relating to proposed completion orders where development was not completed by the time an area ceased to be an enterprise zone [Article19(10)].
5.Determining appeals against notices requiring planning applications [Article24].
6.Hearing and reporting on representations relating to major planning applications [Article 31(2) and (3)].
7.Determining appeals against the refusal, or conditional grant, of planning permissions, consents, agreements or approvals [Article 32].
8.Determining appeals in default of decisions on applications for planning permission, consent, agreement or approval [Article 33].
9.Hearing and reporting on representations relating to proposed completion orders [Article 37(3)].
10.Hearing and reporting on representations relating to the proposed revocation or modification of planning permission [Article 38(2)].
11. Hearing and reporting on representations relating to proposed discontinuance orders [Article 39(4)].
12.Determining appeals against the failure to give a decision on, or refusal of, applications for modification or discharge of a planning agreement [Article 40B].
13.Determining appeals against the refusal, or conditional grant, of listed building consent [Article 45(6) and Schedule 1].
14.Hearing and reporting on representations relating to the proposed revocation or modification of listed building consent [Article 47(2)].
15.Determining appeals against determinations that listed building consent is required [Article 48(2) and Schedule 1].
16.Determining appeals against the refusal of consent to demolish buildings in conservation areas and against determinations that such consent is required, and hearing and reporting on representations relating to the proposed revocation or modification of such consents [Article 51(5) and Schedule1].
17.Hearing and reporting on representations relating to major applications for hazardous substances consent [Article 56(2) and (3)].
18.Determining appeals against the refusal, or conditional grant, of hazardous substances consent and in default of decisions on applications for such consents [Article 57(1) and (7)].
19.Hearing and reporting on the proposed revocation or modification of hazardous substances consent [Article 59(5)].
20.Determining appeals and hearing and reporting on representations relating to the review of mineral planning permissions [Article 63A and Schedules 1A and 1B].
21.Determining appeals against the refusal of consent for the cutting down, topping, lopping, or uprooting of protected trees and in default of a decision on an application for such consent [Article 65(2) and the Schedule to the Planning (Trees) Regulations (Northern Ireland) 2003].
22.Hearing and reporting on representations relating to the proposed discontinuance of deemed consents to display advertisements [Article 67 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992, Regulation 6A].
23.Determining appeals against notices requiring applications for consent to display advertisements [Article 67 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992, Regulation 11(2)].
24.Determining appeals against the refusal or conditional grant of consent to display advertisements [Article 67 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992, Regulation 12(2)].
25.Hearing and reporting on representations relating to the proposed revocation of consents to display advertisements [Article 67 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992, Regulation 13(2)].
26.Determining appeals against enforcement notices [Article 69].
27.Determining appeals against listed building enforcement notices [Article 78].
28.Determining appeals against notices of urgent works to preserve buildings [Article 80(8)].
29.Determining appeals against hazardous substances contravention notices [Article81(10) and the Planning (Hazardous Substances) Regulations (Northern Ireland 1993, Regulation 18].
30.Determining appeals against the enforcement of duties relating to the replacement of protected trees [Article 82A].
31.Determining appeals against refusal of, or failure to give decision on, applications for certificates of lawful use or development [Article 83E].
32.Hearing and reporting on objections to development schemes [Article 86(3)].
33.Hearing and reporting on objections to the proposed acquisition of land for planning purposes [Article 87(3) and Schedule 2].
34.Hearing and reporting on objections to proposed orders declaring houses to be unfit for human habitation [Article 88(2)].
35.Hearing and reporting on objections to the proposed extinguishment of the right to use vehicles on specified roads or extinguishment of public rights of way [Article 103(3)].
36.Determining appeals against special enforcement notices relating to Crown land [Article 116(6)].
37.Hearing and reporting on pre-application determinations that proposed developments are EIA development [The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012, Regulation 7(13)].
38.Hearing and reporting on determinations that applications are for EIA development and that an environmental statement is required [The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012, Regulation 13(3)].
39.Hearing and reporting on determinations that developments to which enforcement notices relate are EIA development [The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012, Regulation 26(5)].
Other Legislation
40.Determining appeals against the refusal to dispense with or relax standards relating to street planning functions [The Private Streets (Northern Ireland) Order 1980, Article 4(3)].
41.Appointing persons to hear and report on appeals against refusal to dispense with or relax standards for the construction of streets [The Private Streets (Northern Ireland) Order 1980, Article 6(2)].
42.Appointing persons to hear and report on applications that a street should not be declared to be a public road [The Private Streets (Northern Ireland) Order 1980, Article7(4E)].
43.Appointing persons to hear and report on applications that a street should be declared to be a public road [The Private Streets (Northern Ireland) Order 1980, Article 9(5)].
44.Determining appeals against certificates of alternative development value [The Land Compensation (Northern Ireland) Order 1982, Article 16].
45.Hearing and reporting (through concurrent inquiries or a combined inquiry) on objections or representation in respect of planning and electricity matters [The Electricity (Northern Ireland) Order 1992, Article 66].
46.Determining appeals against refusal of consent for doors, gates or bars opening onto a road [The Roads (Northern Ireland) Order 1993, Article 56(3)].
47.Determining appeals against refusal of consent for retaining walls [The Roads (Northern Ireland) Order 1993, Article 57(5)].
48.Determining appeals relating to various consents and licences required in connection with structures and works on, in, under, over or near roads [The Roads (Northern Ireland) Order 1993, Article 84(1)].
49.Hearing and reporting (through concurrent inquiries or a combined inquiry) on objections or representation in respect of planning and airport matters [The Airports (Northern Ireland) Order 1994, Article 15(2)].
50.Hearing and reporting on representations relating to applications for scheduled monument consent [The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995, Article4(10) and Schedule 1, Part I].
51.Hearing and reporting on representations relating to the proposed revocation or modification of scheduled monument consent [The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995, Article 6(5) and Schedule 1, Part II].
52.Determining appeals in respect of street works licences [The Street Works (Northern Ireland) Order 1995, Article 11(4) and Schedule 1].
53.Hearing and reporting on requests to designate a road as having special engineering difficulties [The Street Works (Northern Ireland) Order 1995, Article 23(4)].
54.Hearing and reporting (through concurrent inquiries or a combined inquiry) on objections or representation in respect of planning and gas matters [The Gas (Northern Ireland) Order 1996, Article 48(3)].
55.Hearing and reporting on applications for authorisations of prescribed processes transmitted from the enforcing authority to the Department for determination [The Industrial Pollution Control (Northern Ireland) Order 1997, Article 6(8) and Schedule 1, Part I].
56.Determining, or hearing and reporting on, appeals as respects authorisations of prescribed processes and against variation, enforcement and prohibition notices [The Industrial Pollution Control (Northern Ireland) Order 1997, Article 15(3)].
57.Determining, or hearing and reporting on, appeals against determinations, in respect of the register of authorisations, that information is not commercially confidential [The Industrial Pollution Control (Northern Ireland) Order 1997, Article 22(6)].
58.Determining appeals from decisions with respect to waste management licences [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article 17(1)].
59.Determining appeals against determinations, in respect of the register of waste management licences, that information is not commercially confidential [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article 36(5)].
60.Determining appeals against the refusal of an application for registration as a carrier of controlled waste, the failure to register or the revocation of a registration [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article 41].
61.Confirming or reversing decisions on the designation of contaminated land special sites [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article 52].
62.Determining appeals against contaminated land remediation notices [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article 58].
63.Determining appeals against determinations, in respect of the register of remediation notices, that information is not commercially confidential [The Waste and Contaminated Land (Northern Ireland) Order 1997, Article65(3)].
64.Determining appeals against deemed refusals of applications for registration as a holder of contaminated equipment or cancellations of such registrations [The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000, Regulation 8].
65.Determining appeals against the refusal, conditional grant, modification or withdrawal of consent to carry out specified operations on land within areas of special scientific interest [The Environment (Northern Ireland) Order 2002, Article 33].
66.Determining appeals against management notices in respect of land within areas of special scientific interest [The Environment (Northern Ireland) Order 2002, Article 36].
67.Hearing and reporting on objections to the proposed acquisition of land by the Office of the First Minister and deputy First Minister [The Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003, Article 12(2) and Schedule 2, Part I].
68.Determining appeals from decisions with respect to permits to operate installations and mobile plant [The Pollution Prevention and Control Regulations (Northern Ireland) 2003, Regulation 28].
69.Determining appeals against the refusal of an application for registration as a broker or dealer of controlled waste, the failure to register or the revocation of a registration [The Waste Management Licensing Regulations (Northern Ireland) 2003, Regulation 22(7) and Schedule 4].
70.Determining appeals against decisions with respect to compliance notices [The Landfill Regulations (Northern Ireland) 2003, Regulation 15B].
71.Determining appeals in relation to producer obligations compliance schemes and authorised treatment facilities and exporters [The Waste Electrical and Electronic Equipment Regulations 2006, Regulation 66].
72.Determining appeals against enforcement and prohibition notices relating to the marketing of dangerous substances and preparations [The Controls on Dangerous Substances and Preparations Regulations 2006, Regulation 17].
73.Determining appeals against decisions in relation to producer registration, scheme registration and accreditation of reprocessors and exporters [The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, Regulation 27].
74.Determining appeals against notices relating to the registration, evaluation, authorisation and restriction of chemicals [The REACH Enforcement Regulations 2008, Regulation 21].
75.Determining appeals against decisions concerning batteries compliance schemes, waste batteries treatment facilities and waste batteries exporters [The Waste Batteries and Accumulators Regulations 2009, Regulation 83].
76.Determining appeals against environmental damage remediation notices [The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009, Regulation 18].
77.Determining appeals against the refusal or conditional approval of consent for the erection of buildings or structures on land subject to control by directions [The City of Derry Airport (Control Over Land) Order (Northern Ireland) 2011, Article 5].
78.Determining appeals against compliance notices, restoration notices and suspension notices [The Waste Regulations (Northern Ireland) 2011, Regulation 23].
79.Determining appeals against the refusal or conditional approval of consent for the erection of buildings or structures on land subject to control by directions [The Belfast International Airport (Control Over Land) Order (Northern Ireland) 2012, Article 5].
80.Determining appeals against decisions on applications and against notices [The Greenhouse Gas Emissions Trading Scheme Regulations 2012, Regulation 73].
