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Pre-application community consultation process pack
The Planning Act (NI) 2011 provided for the transfer of the majority of planning functions from central government to local councils. It also brings forward a number of reforms to the planning system.
The legislation requires that prospective applicants for all regionally significant and major developments must undertake formal public consultation prior to the submission of a planning application. This is to ensure that communities are aware of, and have an opportunity to comment on, such proposals before an application is made.
Development proposals fall into three categories:
- regionally significant;
- major; and
- local.
All applications for regionally significant or major developments submitted on or after 1 July 2015 must comply with the pre-application community consultation process outlined in this guidance.
Please note - pre-application consultation does not replace the opportunity, or remove the need, for communities and individuals to make formal comments on proposals during the planning application process.
This pack contains the following:
Guidance
- New hierarchy of development
- Proposal of Application Notice (PAN)
- Pre-application consultation report
- Pre-application process
- Major application definition checklist
Please return Notices to:
Belfast Planning Service
Belfast City Council
The Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP
Tel. 028 9050 0510
Email: planning@belfastcity.gov.uk
New hierarchy of development
There are three types of development which a proposal may fall into:
Regionally significant development
As set out in The Planning (Development Management) Regulations (Northern Ireland) 2015 (see checklist at end of this pack). Prospective applicants must consult with the Department of the Environment for regionally significant developments prior to submission of a PAN as outlined in The Planning Act (Northern Ireland) 2011 Section 26.
These should not be made to the council.
Major developments
As included in The Planning (Development Management) Regulations (Northern Ireland) 2015 (see checklist at end of this pack). Prospective applicants must consult with Belfast City Council for major developments prior to submission of a PAN as outlined in The Planning Act (Northern Ireland) 2011 Section 26.
Local developments
All development, other than regionally significant and major developments, belong to the category of local developments and do not require community consultation.
Proposal of Application Notice
If pre-application consultation is required, applicants must submit a PAN at least 12 weeks prior to the submission of the planning application. The PAN form is available online at: www.belfastcity.gov.uk./planning
The PAN must detail the consultation process the prospective applicant will undertake on the proposal, including when, how and with whom. We will respond within 21 days stating if it is acceptable or if the proposal is insufficient set out any additional consultation that is required.
The PAN should include:
- contact details for the prospective applicant or agent;
- if the site has a postal address, that address, including postcode;
- a description of the proposed development, including details of proposed use, floor space (industrial / commercial), number of units (residential) etc.;
- a plan showing the outline of the site at which the development is to be carried out; and
- an account of what consultation the prospective applicant proposes to undertake.
Consultation with communities can begin when the Proposal of Application Notice is submitted, although we may request further consultation.
Who should be consulted and how?
The prospective applicant is required to indicate in the PAN what consultation will be undertaken.
The statutory minimum requirements are:
- The consultation must include at least one public event where members of the public may make comments to the prospective applicant on the development
- Details of the proposal and consultation must be published in a local newspaper at least seven days prior to the event being held.
The public event advertisement must include:
- the location and description of development,
- details of where further information is available,
- date and location of the event,
- a statement explaining how, and by when, anyone wishing to make comment to the prospective applicant relating to the proposal may do so, and
- a statement that comments made to the prospective applicant are not representations to the planning authority.
An example template for the required press advert and the PAN is included at the end of the pack and also available at www.belfastcity.gov.uk./planning
The planning authority may, within 21 days of receiving the PAN, notify the prospective applicant of any other persons they consider must also receive a copy of the PAN and of any other consultation that must take place, including the type and form of consultation.
In addition to the statutory minimum requirements Belfast City Council is in most cases likely to require the following additional consultation to be carried out:
- the PAN is to be sent to members of council for the District Electoral Area in which the proposed development is situated — details can be found on our website
- additional publicity to be provided for events including leaflets to neighbouring properties and posters in prominent locations in the area
Further consultations may still be required depending on the nature, extent or location of the proposed development.
Consultations must be carried out in a manner that provides genuine opportunities for members of the public to engage with applicants. For example, the timing and location of events should be considerate of the lifestyles and commitments of all members of the local community.
Applicants must be mindful of the need to ensure equality of opportunity in the ways in which they consult and engage with stakeholders, and consider how they will reach relevant groups and communities in an appropriate way. More advice on promoting equality, including helpful guidance on methods of consultation, can be found in our Equality Scheme and specifically chapter three: ‘Our arrangements for consulting’ available at: www.belfastcity.gov.uk/ equality
Further advice on community consultation can also be found in DOE Practice Note 10 available at www.planningni.gov.uk/advice (link opens in new window)
Outcome
The consultation should be a meaningful engagement with local communities and those who can represent the community’s views, and should offer the opportunity to dispel any misunderstandings around the projects and address local objection early in the process.
The applicant must submit a pre-application consultation report with the planning application, detailing the consultation undertaken and any changes made to the proposal as a result.
Pre-application consultation report
The purpose of the pre-application consultation report is to confirm that pre-application consultation has taken place in line with statutory minimum requirements and in line with any further requirements set by the planning authority in their response to the Proposal of Application Notice.
The report should:
- set out what steps were taken to comply with the statutory requirements and those of the planning authority. This should include copies of advertisements of the public event(s) and specify who has been consulted and what methods have been used.
It is advisable that the report also includes:
- reference to, and examples of, material made available at such events; response from those consulted and the applicants consideration of those responses. The report should also set out to what extent, the proposals may have changed as a result of pre-application consultation.
The report must be made in writing and accompany the planning application when submitted and the planning authority is required to include it on part 1 of the planning register along with the application, plans and drawings.
Further information
If you require more information or help, please contact:
Belfast Planning Service
Belfast City Council
The Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP
Tel. 028 9050 0510
E-Mail: planning@belfastcity.gov.uk
Pre-application process
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Applicant |
Planning Authority |
Public |
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1. Pre-Application Consultation |
If pre-application consultation, submit Proposal of Application Notice to the planning authority and begin consultation |
Respond to notice within 21 days stating whether consultation is acceptable and detailing any further consultation required. |
Respond to applicant with views/opinions on the proposed development |
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2. Planning Application |
Submit planning application including pre-application consultation report. (minimum of 12 weeks from planning authority receipt of proposal of application notice) |
Assess the application and recommend a decision |
Submit formal representa- tions on the application to the planning authority. (21 day window from application validation date or expiry date of any advert.) |
Major application definition checklist
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Description of Development |
Major Development Criterion |
Regionally Significant (section 26) Criterion |
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(1) EIA development |
Development of a description in par- agraphs; 1, 3, 4, 5, 6, 11, 12, 15, 17, 18, 19, 22, 23 and 24; mentioned in Schedule 1 to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015 |
Development of a description in par- agraphs; 1, 3, 22, 23 and 24 men- tioned in Schedule 1 to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015 |
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(2) Energy Infrastructure
Electricity generating stations
Electrical Power lines
Storage
Gas extractions |
1. The construction of an electricity generating station where its ca- pacity is or is more that 5 mega- watts 2. All onshore development associat- ed with the construction of an off- shore electricity generating station
Installation of an electrical power line where the voltage exceed 33kilovolts if the purpose of the line is the provi- sion of a supply to more than one customer
1. Installation for the storage of pe- troleum, petrochemical, chemical products or natural gas where the storage capacity of the facility is expected to be 30,000 tonnes or more 2. Installations for the underground geological storage of petroleum, natural gas, carbon dioxide or compressed air energy storage
1. Any proposal relating to the ex- traction of unconventional hydro- carbons 2. The extraction of petroleum and natural gas for commercial pur- poses where the amount extracted is more than 250 tonnes per day in the case of petroleum and 250,000 cubic metres per day in the case of gas. |
1. The construction an electricity generating stations where its ca- pacity is or is more that 30 mega- watts 2. All onshore development associat- ed with the construction of an off- shore electricity generating station with a capacity which is or exceeds 30 megawatts.
Installation of an electrical power line where the voltage: is 110 kilovolts double circuit over- head line; or Is or exceeds275 kilovolts and a length of more than 15 kilometres
1. Installations for the storage of pe- troleum, petrochemical, chemical products or natural gas where the storage capacity of the facility is expected to be 200,000 tonnes or more 2. Installation for the underground geological storage of petroleum, natural gas, carbon dioxide or compressed air storage
1. Any proposal relating to the ex- traction of unconventional hydro- carbons 2. Extraction of petroleum and natu- ral gas for commercial purposes where amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic me- ters per day in the case of gas |
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Description of Development |
Major Development Criterion |
Regionally Significant (section 26) Criterion |
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Pipelines |
Pipelines with diameter of more than 400mm or more than 20 kilometres in length: for the transport of gas, oil or chemicals or for the transport of carbon dioxide streams for the purposes of geolog- ical storage, including associated booster stations |
Pipelines with a diameter of more than 800mm or more than 40 kilometres in length: for the transport of gas, oil or chemicals or for the transport of carbon dioxide streams for the purposes of geo- logical storage, including associated booster stations |
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(3) Transport Infrastructure
Construction of new or replacement railways, airfields, harbours and ports, waterways, trans- it ways |
The area of the works is or exceeds 1 kilometre in length of 1 hectare |
a) Construction of lines for long- distance railway traffic and of air- ports with a basic runway length of 2,100 metres or more b) Inland waterways and ports for in- land waterway traffic which permit the passage of vessels of over 1.350 tonnes or c) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1.350 tonnes |
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(4) Waste Infrastructure
Construction of facilities for use for the purposes of waste management, disposal or treatment
Waste management facilities
Waste water |
1. An installation for the disposal, treatment or recovery of hazardous waste with capacity for an annual intake of or more than 25,000 tonnes 2. Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9(a)) of non-hazardous waste with a ca- pacity exceeding 100 tonnes per day
Waste water treatment plants with a capacity exceeding 50,000 population equivalent as defined in Article 2 point (6) of Directive 91/271/EEC |
1. An installation for the disposal, treatment or recovery of hazardous waste with capacity for an annual intake of or more than 100,000 tonnes 2. Waste disposal installations for incineration or chemical treatment (as defined in Annex I of Directive 2008/98/EC under heading D9) of non-hazardous waste with a capaci- ty for an annual intake exceeding 100,000 tonnes
Waste water treatment plants with a capacity exceeding 150,000 popula- tion equivalent as defined in Article 2 point (6) of Directive 91/271/EEC (b) |
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Description of Development |
Major Development Criterion |
Regionally Significant (section 26) Criterion |
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(5) Minerals
Extraction of minerals |
The area of the site is or exceeds 2 hectares |
(a) Development involving quarries or open-cast mining where the sur- face of the site exceeds 25 hec- tares, or peat extraction where the surface of the site exceeds 150 hectares; or (b) Development involving under- ground mining where the surface of the site exceeds 2 hectares |
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(6) Housing
Construction of buildings structures or erections for use as residential accom- modation; includes private schemes |
(a) Development that comprises 50 units or more; or (b) The area of the site is or ex- ceeds 2 hectares |
N/A |
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(7) Retail, com- munity, recrea- tion, culture
( According to Parts A & D—Schedule to the Plan- ning (uses Classes) Order (Northern Ireland) 2015 (a))Including shops, finan- cial, professional and other services, community and cultural uses, and assembly and leisure |
(a) development that comprises 1000sq meters or more gross floor space outside town cen- tres; or (b) the area of the site is or ex- ceeds 1 hectare |
N/A |
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(8) Business, Industry Light and general), Stor- age and distribution
( According to Part B of the Schedule to the Planning (Use Classes) Order (Northern Ireland) 2015) |
(a) Development that comprises 5000 sq metres of more gross floor space; or (b) The area of the site is or ex- ceeds 1 hectare |
N/A |
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(9) All other Development
Any development not fall- ing wholly within any single class of development de- scribed in Parts 1 to 8 above |
(a) Development that comprises 5000 sq metres or more gross floorspace; or (b) The area of the site is or ex- ceeds 1 hectare |
N/A |
FOR OFFICIAL USE ONLY Reference No: / / PAN Associated Application No: Registration Date
Proposal of Application Notice
To be completed in respect of all major categories of development
Under the Planning Act (Northern Ireland) 2011
We will respond within 21 days of receiving the Notice. We will confirm whether the proposed pre-application consultation is satisfactory or if additional notification and consultation is required. The minimum statutory consultation activity includes the holding of one public event and its advertisement in a local newspaper. We will also require this notice to be sent to local councillors for the district electoral area in which the proposed development is situated, and additional publicity of the event to be provided.
1 Applicant details
Name
Address
Postcode
Telephone
Please tick the box if the applicant is an elected member, or and officer involved in the planning process, of Belfast City
Council or is a partner / close friend / relative of either
2 Agent’s details
(if applicable)
Name
Address
Postcode
Telephone
Please tick the box if the applicant is an elected member, or and officer involved in the planning process, of Belfast City
Council or is a partner / close friend / relative of either
3 Address of location of proposed development
Please state the postal address of the prospective development site. If there is no postal address, describe its location. Please outline the site on an OS base plan and attach it to this completed Notice.
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4 |
Describe the development to be carried out, outlining its characteristics. Please also include appropriate drawings including plan, elevations and site layout of the proposal.
State what type of planning permission this Proposal of Application Notice will relate to (please tick):
Full planning permission Outline planning permission
Reserved matters Previous reference number State Class: Major Category |
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5 |
State which other parties have received a copy of this Proposal of Application Notice
Elected Members for District Electoral Area Date Notice Served
Other Date Notice Served |
6 Please give details of proposed consultation: Proposed Public Event
Venue
Date and Time
Proposed newspaper advert date: Name of publication used:
Details of any other consultation methods (date, time and with whom):
Details of any other publicity methods (e.g leaflets, posters):
Signature Date
(A planning applications for this development cannot be submitted less than 12 weeks from the date the Proposal of Application Notice is received and without the statutory requirements having been undertaken. The application must be accompanied by the Pre-Application Consultation report)
Belfast Planning Service, Belfast City Council, Cecil Ward Building, 4-10 Linenhall Street, Belfast, BT2 8BP,
Tel. 028 9050 0510, Email: planning@belfastcity.gov.uk 1st April 2015
PUBLIC EVENT ADVERTSING TEMPLATE
(responsibility of the prospective applicant)
Planning Act (Northern Ireland )2011 and The Planning (Development Management) Regulations (Northern Ireland) 2015 (Regulation 5 (2)(b))
PRE-APPLICATION PUBLIC EVENT
Proposal: .......................................................................................................................................................... Location ............................................................................................................................................................ a (type of event; public meeting, exhibition etc) ............................................................................................................................ will take place on (date) ...................................................... at (time) .....................................................................
at (venue) ..............................................................................................................................................................
Further information relating to these proposals may be obtained from:
.......................................................................................................................................................
If you wish to make comments on the proposals you may do so at the above event and/or in writing to
............................................................................................................................................................
and no later than...............................................................................................................................................
This notice does not relate to a planning application, Comments should not be made to Belfast City Council. Any comments made to the prospective applicant are not representations to the planning authority. If a planning application is subsequently submitted to Belfast City Council, normal neigh- bour notification and publicity will be undertaken at that time and you will have the oppor- tunity to make formal representation regarding the proposal at that time.
Notes
This advert must be placed in a local newspaper at least seven days prior to the date of the event