2015 No. 70
The Planning (General Permitted Development) Order (Northern Ireland) 2015
Made
Coming into operation
The Department of the Environment makes the following Order in exercise of the powers conferred on it by sections 32 and 247(6) of the Planning Act (Northern Ireland) 2011 F1.
Application, citation and commencement1
1
This Order shall, subject to paragraph (2), apply to all land in Northern Ireland.
2
Where a special development order is made as to any land this Order shall apply to that land to such an extent only and subject to such modifications as may be specified in the special order.
3
Nothing in this Order shall apply to any permission which is deemed to be granted under section 130(6) of the 2011 Act.
4
This Order may be cited as the Planning (General Permitted Development) Order (Northern Ireland) 2015 and shall come into operation on 1st April 2015.
Interpretation2
1
In this Order unless the context otherwise requires—
-
“the 2011 Act” means the Planning Act (Northern Ireland) 2011;
-
“airport” has the meaning assigned to it in Article 2(2) of the Airports (Northern Ireland) Order 1994 F2;
-
“area of outstanding natural beauty” means an area so designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 F3;
-
“area of special scientific interest” means an area so designated under Article 28 of the Environment (Northern Ireland) Order 2002 F4;
-
“aqueduct” does not include an underground conduit;
-
“betting office” means any premises in respect of which there is in force a bookmaking office licence under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 F5;
-
“building” does not include plant or machinery or a structure or erection of the nature of plant or machinery and for the purposes of the Schedule does not include any gate, fence, wall or other means of enclosure but includes any structure or erection and any part of a building as so defined;
-
“caravan” and “caravan site” have the meanings respectively assigned to them by the Caravans Act (Northern Ireland) 1963 F6;
-
“classified road” and “trunk road” have the same meaning as in the Roads (Northern Ireland) Order 1993 F7;
-
“conservation area” means land which is within an area designated as a conservation area under section 104 of the 2011 Act;
-
“council” means a district council;
-
“Crown land” has the meaning assigned to it by section 212 of the 2011 Act;
-
“cubic content” means the cubic content of a structure or building measured externally;
-
“the Department” means the Department of the Environment;
-
“designated area” means—
- a
a conservation area;
- b
an area of outstanding natural beauty;
- c
an area of special scientific interest;
- d
a National Park;
- e
a World Heritage Site;
- a
-
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
-
“EIA development” has the meaning assigned to it by regulation 2 of the EIA Regulations;
-
“the EIA Regulations” means the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015 F8;
-
“electronic communication” has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001 F9;
-
“existing” in relation to any building, plant or machinery means (except in the definition of “original”) existing immediately before the carrying out of development described in this Order;
-
“flat” means a separate and self-contained set of premises constructed for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
-
“floor space” means the total floor space in a building or buildings;
-
“hazardous substance” has the meaning assigned to that term in regulation 3(1) of the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 F10;
-
“industrial process” means a process for or incidental to any of the following purposes—
- a
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
- b
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
- c
the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;
- a
-
“liquefied petroleum gas” means commercial butane or commercial propane as defined in British Standard 4250: 1997;
-
“microgeneration” means the use for the generation of electricity or the production of heat of any plant—
- a
which in generating electricity or (as the case may be) producing heat, relies wholly or mainly on biomass, biofuels, fuel cells, photovoltaics, water (including waves and tides), wind, solar power, geothermal sources, combined heat and power systems and other sources of energy or technologies for the generation of electricity or the production of heat; and
- b
the capacity of which—
- i
to generate electricity, does not exceed 50 kilowatts;
- ii
to produce heat, does not exceed 45 kilowatts thermal;
- i
- a
-
“microwave” means that part of the radio spectrum above 1000 MHz;
-
“microwave antenna” means a satellite antenna or a terrestrial microwave antenna;
-
“mine” means any site on which mining operations are carried out;
-
“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;
-
“National Park” means an area so designated under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
-
“nature reserve” has the meaning assigned to it by Article 2(2) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
-
“operational Crown building” means a building which is operational Crown land;
-
“operational Crown land” means—
- a
Crown land which is used for operational purposes; and
- b
Crown land which is held for those purposes, but does not include—
- i
land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held for operational purposes;
- ii
Crown land—
- aa
belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;
- bb
in which there is an estate belonging to Her Majesty in right of Her private estates;
- i
- a
-
“operational land” in relation to the undertakers specified in Parts 14, 15, 25 and 29 of the Schedule means—
- a
land which is used for the purpose of carrying on their undertakings; and
- b
land in which an interest is held for that purpose;
not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of carrying on those undertakings:
- a
-
Provided that where an interest in land is held by such undertakers for the purpose of carrying on their undertaking and—
- a
the interest was acquired by them on or after 1st October 1973; or
- b
it was held by them immediately before that date but the circumstances at that date were such that the land did not fall to be treated as operational land had this Order applied to it,
that land shall not be treated as operational land unless there is in force with respect to the land a planning permission granted on an application made in that behalf under Part 3 of the 2011 Act for its development and that development, if carried out, would involve the use of the land for the purpose of the carrying on of the undertaking;
- a
-
“operational purposes” means the purposes of carrying out the functions of the Crown;
-
“original” means—
- a
in relation to a building, other than a building which is Crown land, existing on 1st October 1973, as existing on that date; and in relation to a building built on or after 1st October 1973, as so built;
- b
in relation to a building which is Crown land on 10th June 2006, as existing on that date; and, in relation to a building built on or after 10th June 2006 which is Crown land on the date of its completion, as so built;
- a
-
“pipe line” means a pipe (together with associated apparatus and works) or system of pipes (together with associated apparatus and works), for the conveyance of anything other than air, water, water vapour or steam, not being—
- a
a drain or sewer;
- b
a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes;
- c
a pipe or system of pipes on the site of any operations or works to which certain provisions of the Factories Act (Northern Ireland) 1965 F11 apply by virtue of section 125(1) (building operations and works of engineering construction) of that Act;
- d
a pipe or system of pipes wholly situated within the boundaries of an agricultural unit and designed for use for the purposes of agriculture;
- e
a pipe or system of pipes wholly situated in premises used for the purposes of education or research; or
- f
a pneumatic despatch tube.
- a
-
For the purposes of this definition the following apparatus and works, and none other, shall be treated as being associated with a pipe, or system of pipes, namely—
- a
apparatus for including or facilitating the flow of anything through the pipe or, as the case may be, through the system or any part of it;
- b
valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;
- c
apparatus for supplying energy for the operation of any such apparatus as is mentioned in (a) or of any such works as are mentioned in (b);
- d
apparatus for the transmission of information for the operation of the pipe or system;
- e
apparatus for affording cathodic protection to the pipe or system;
- f
a structure for exclusive support of a part of the line or system;
- a
-
“plant or machinery” includes any structure or erection in the nature of plant or machinery;
-
“private way” means a way or footpath which is not a public road or any part of that road;
-
“public service vehicle” means a vehicle, excluding a taxi, which has the meaning assigned to it by Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 F12;
-
“satellite antenna” means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them and includes any mountings or brackets attached to such apparatus;
-
“sensitive area” has the meaning assigned to it in regulation 2 of the EIA Regulations;
-
“site of archaeological interest” means land which has been scheduled for protection or taken into care under the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 F13 or which is within a site registered in the Department's Sites and Monuments Record;
-
“special road” means a road designated as a special road under Article 15 of the Roads (Northern Ireland) Order 1993 F14;
-
“terrestrial microwave antenna” means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two or more fixed points;
-
“unadopted street” means a street other than a public road;
-
“the Use Classes Order” means the Planning (Use Classes) Order (Northern Ireland) 2015 F15;
-
“World Heritage Site” means a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage F16.
2
Any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.
3
In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically—
a
the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;
b
references to notices, forms, maps, plans, drawings, certificates or other documents or to copies of such things include references to such documents or copies of them in electronic form.
4
Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any notice or other document to any other person (“the recipient”).
5
The requirement shall not be taken to be fulfilled, or (as the case may be) the notice or other document shall not be taken to have been lodged, unless the document transmitted by the electronic communication is—
a
capable of being accessed by the recipient;
b
legible in all material respects; and
c
sufficiently permanent to be used for subsequent reference.
6
In paragraph (5), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
7
Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or a public holiday.
8
A requirement in this Order that any notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6), and “written” and cognate expressions are to be construed accordingly.
Permitted Development3
1
Subject to the provisions of this Order and regulations 55 and 56 of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 F17, planning permission is hereby granted for the classes of development described as permitted development in the Schedule.
2
Any permission granted by paragraph (1) is subject to any relevant exception, limitation or condition specified in the Schedule.
3
References in the following provisions of this Order to permission granted by the Schedule or by any Part, Class or paragraph of that Schedule is a reference to the permission granted by this Article in relation to development described in that Schedule or that provision of that Schedule.
4
Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part 3 of the 2011 Act otherwise than by this Order.
5
The permission granted by the Schedule shall not, except in relation to development permitted by Parts 10, 12 and 23, authorise any development which requires or involves the construction, formation, laying out or alteration of a means of access to an existing road which is a special, trunk or classified road or which creates an obstruction to the view of persons using any road at or near any crest, bend, corner, junction or inter-section so as to be likely to cause danger to such persons.
6
Any development falling within Part 12 of the Schedule authorised by any Act or Order subject to the grant of any consent or approval shall not be treated for the purpose of this Order as authorised unless and until that consent or approval is obtained.
7
The Schedule does not grant permission for the laying or construction of a pipe line which contains, or is intended to contain a hazardous substance, except in the case of laying or construction of a pipe line by a gas undertaker in accordance with Part 14 Class D which contains or is intended to contain no hazardous substance other than—
a
a flammable gas ( as specified in items 20 and 66 of Part A of Schedule 2 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015) at a pressure of less than 8 bars absolute; or
b
a liquid or mixture of liquids, not included in items 18, 19 and 67 of Part A of Schedule 2 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015, which has a flash point of less than 21°c.
8
Subject to paragraph (9) the Schedule does not grant planning permission for—
a
development within the meaning of Schedule 1 to the EIA Regulations; or
b
development of a description mentioned in column 1 of the table in Schedule 2 to the EIA Regulations; where—
i
any part of the development is to be carried out in a sensitive area; or
ii
any threshold or criterion mentioned in column 2 of the table in Schedule 2 to the EIA Regulations as applicable to development of that description is respectively exceeded or met in relation to that development,
unless the council or, as the case may be, the Department has given a determination pursuant to regulation 5 of the EIA Regulations that the proposed development is not EIA development.
9
Paragraph (8) does not apply to development for which permission is granted by Class B of Part 23, Class A of Part 24 or Class A of Part 25.
10
The permission granted by the Schedule shall not apply if—
a
in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;
b
in the case of permission granted in connection with an existing use, that use is unlawful.
Directions restricting permitted development4
1
If in relation to any area the Department or, in relation to the district of a council, that council is satisfied that it is expedient that development described in any Part, Class or paragraph in the Schedule, other than development within Part 16 should not be carried out unless permission is granted for it on an application, the Department or that council may, subject to paragraph (2) give a direction that the permission granted by Article 3 shall not apply to—
a
all or any development of the Part, Class or paragraph in question in any particular area specified in the direction; or
b
any particular development, falling within that Part, Class or paragraph, which is specified in the direction.
2
Subject to paragraph (4), a direction by a council under this Article shall require the approval of the Department who may approve the direction with or without modifications.
3
When a council submits a direction to the Department for approval, it shall also send—
a
two additional copies together with a plan of the area in respect of which the direction applies, unless the direction includes such a plan; and
b
a statement of its reasons for making the direction.
4
The approval of the Department is not required in the case of a direction which does not affect the carrying out of such development by a statutory undertaker as is referred to in paragraph 6 and which relates only to either or both of the following—
a
a listed building;
b
development within the curtilage of a listed building.
5
A direction under paragraph (1) shall not affect the carrying out of—
a
development permitted by Part 12;
b
development permitted by Class B of Part 23;
c
development permitted by Part 31 and Part 32;
d
any development in an emergency other than development permitted by Part 31; or
e
any development mentioned in Part 18, unless the direction specifically so provides.
6
A direction given or having effect as if given under this Article shall not, unless the direction so provides, affect the carrying out by statutory or other undertakers of the following descriptions of development—
a
the maintenance of bridges, buildings and railway stations;
b
the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;
c
the maintenance of docks, harbours, quays and wharves;
d
the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank wharf or basin;
e
any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;
f
the maintenance of buildings, runways, taxiways or aprons at an airport;
g
the provision, alteration and maintenance of equipment, apparatus and works at an airport, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class A of Part 15).
Notices relating to Article 4 directions5
1
Subject to the provisions of paragraph (3) notice of any direction made or approved by the Department under Article 4 shall be served by the council on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which the notice is served on the occupier of that part or if there is no occupier, on the owner.
2
Where the Department thinks fit it may serve notice in accordance with paragraph (1) of any direction given under Article 4(1)(b) in which case the council shall not be required to serve notice.
3
Where in the case of a direction under Article 4(1)(a) the council is of the opinion that having regard to the number of persons interested in the land as owners or occupiers, or the difficulty of identifying and locating such persons, individual service in accordance with the provisions of paragraph (1) is impracticable, it shall publish notice of such direction in at least one newspaper circulating in the locality in which the land is situated and, where the council maintains a website for the purpose of advertisement, by publication of the notice on the website.
4
Where the Department thinks fit it may publish notice in accordance with paragraph (3) of any direction given under Article 4(1)(a) in which case the council shall not be required to publish such notice.
5
A notice published pursuant to paragraph (3) shall contain a concise statement of the effect of the direction and name a place where a copy of that statement and of a map defining the area to which it relates may be seen at all reasonable hours.
6
Where a notice of a direction has been published in accordance with paragraph (3), the direction shall come into force on the date on which the notice is first published.
Cancellation of Article 4 directions6
1
Any direction made by the Department under Article 4 may be cancelled by a subsequent direction made by the Department.
2
Any direction made by a council in accordance with Article 4 may be cancelled by a subsequent direction made by that council or by a direction made by the Department. A direction given by a council which contains only provisions cancelling a previous direction shall not require the approval of the Department.
3
Article 5 shall apply to the making of any cancelling direction in the same way as it would apply to the making of the direction being revoked.
Directions restricting permitted development under Part 167
1
If, on receipt of a notification from any person that they propose to carry out development within Part 16 of the Schedule, a council is satisfied as mentioned in paragraph (2), it may, within a period of F4928 days beginning with the receipt of the notification, direct that the permission granted by Article 3 shall not apply to the development, or to such part of the development as is specified in the direction.
2
The council may make a direction under this Article if it is satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—
a
the development is to be carried out on land which is within or affects—
i
a conservation area;
ii
a National Park;
iii
a nature reserve;
iv
an area of outstanding natural beauty;
v
an area of special scientific interest; or
vi
a site of archaeological interest;
b
the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Part 16, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a listed building;
c
the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or
d
the development would endanger aircraft using a nearby airport.
3
As soon as reasonably practicable a copy of a direction under this Article shall be sent by the council to the Department and to the person who gave notice of the proposal to carry out development.
4
A direction made under this Article shall contain a statement as to the date on which, if it is not disallowed under paragraph (5), it will come into force, which shall be 29 days from the date on which notice of it is sent to the Department in accordance with paragraph (3).
5
The Department may, at any time within a period of 28 days beginning on the day on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Department that they have disallowed the direction, the council shall give notice in writing to the person who gave notice of the proposal that the person is authorised to proceed with the development.
6
Any direction made by a council in accordance with this Article may be cancelled by a subsequent direction made by the council and the foregoing Article shall apply to the making of such cancelling direction in the same way as it would apply to the making of the direction being revoked.
Transitional provisions8
1
In this Article “appropriate council” means the council for the district in which any land is situated.
2
Anything done by, to or in relation to the Department in connection with its functions under Schedule 1 to the Planning (General Development) Order (Northern Ireland) 1993 F18 shall be treated as if it had been done by, to or in relation to the appropriate council under the Schedule to this Order.
Sealed with the Official Seal of the Department of the Environment on 25th February 2015.
SCHEDULEDEVELOPMENT PERMITTED UNDER ARTICLE 3
PART 1DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE
Class A |
||
Permitted development |
A. |
The enlargement, improvement or other alteration of a dwellinghouse. |
Development not permitted |
A.1 |
|
A.2 |
|
|
Conditions |
A.3 |
|
Class B |
||
Permitted development |
B. |
The enlargement, improvement or other alteration of a dwellinghouse consisting of an addition or alteration to its roof. |
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
Class C |
||
Permitted development |
C. |
The erection or construction of a porch outside any external door of a dwellinghouse. |
Development not permitted |
C.1 |
|
Condition |
C.2 |
Development is permitted by Class C subject to the condition that the materials used shall be of similar appearance to those used in the construction of the existing dwellinghouse. |
Class D |
||
Permitted development |
D. |
The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration to such a building or enclosure. |
Development not permitted |
D.1 |
|
D.2 |
|
|
D.3 |
In the case of any land within the curtilage of a dwellinghouse within a conservation area, World Heritage Site, National Park or area of outstanding natural beauty, development is not permitted by Class D if any part of the building, enclosure or pool would be situated on land between a wall forming either the principal or a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse. |
|
Interpretation of Class D |
D.4 |
For the purposes of Class D “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse, but excludes the keeping of pigeons. |
Class E |
||
Permitted development |
E. |
|
Development not permitted |
E.1 |
Development is not permitted by Class E within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
Conditions |
E.2 |
|
Class F |
||
Permitted development |
F. |
The erection or provision, within the curtilage of a dwellinghouse, of a container for the storage of oil or liquefied petroleum gas for domestic purposes. |
Development not permitted |
F.1 |
|
Class G |
||
Permitted development |
G. |
The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse. |
Development not permitted |
G.1 |
|
Conditions |
G.2 |
|
G.3 |
|
|
G.4 |
The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. |
|
Class H |
||
Permitted development |
H. |
The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse. |
Development not permitted |
H.1 |
|
Class I |
||
Permitted development |
I. |
The erection, construction or alteration of a deck or other raised platform within the curtilage of a dwellinghouse. |
Development not permitted |
I.1 |
|
PART 2INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT
Class A |
|||
Permitted development |
A. |
|
|
Development not permitted |
A.1 |
|
|
Conditions |
A.2 |
|
|
Class B |
|||
Permitted development |
B. |
|
|
Development not permitted |
B.1 |
|
|
Conditions |
B.2 |
|
|
Class C |
|||
Permitted development |
C. |
The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse. |
|
Development not permitted |
C.1 |
|
|
Conditions |
C.2 |
|
|
Class D |
|||
Permitted development |
D. |
The erection or provision, within the curtilage of a dwellinghouse, of a container for the storage of solid biomass fuel. |
|
Development not permitted |
D.1 |
|
|
Conditions |
D.2 |
|
|
Class E |
|||
Permitted development |
E. |
The installation, alteration or replacement of a flue, forming part of a biomass heating system, or a combined heat and power system on a dwellinghouse. |
|
Development not permitted |
E.1 |
|
|
Condition |
E.2 |
Development is permitted by Class E subject to the condition that the flue no longer used as part of a biomass heating system or a combined heat and power system shall be removed as soon as reasonably practicable. |
|
Class F |
|||
Permitted development |
F. |
The provision of a ground or water source heat pump within the curtilage of a dwellinghouse. |
|
Development not permitted |
F.1 |
|
|
Conditions |
F.2 |
|
|
Class G |
|||
Permitted development |
G. |
The installation, alteration or replacement of an air source heat pump within the curtilage of a dwellinghouse. |
|
Development not permitted |
G.1 |
|
|
Conditions |
G.2 |
|
|
Interpretation of Part 2 |
H. |
For the purposes of Part 2— “solar PV” means solar photovoltaics; “stand alone solar” means solar PV or solar thermal equipment which is not installed on a building. |
PART 3MINOR OPERATIONS
Sch. Pt. 3 Class D-F inserted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(a), Sch. 1
Class A |
||
Permitted development |
A. |
The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure. |
Development not permitted |
A.1 |
|
Class B |
||
Permitted development |
B. |
The formation, laying out and construction or alteration of a means of access to a road which is not a special, trunk or classified road, where that access is required in connection with development permitted by any class in this Schedule (other than by Class A of this Part). |
Development not permitted |
B.1 |
Development is not permitted by Class B if it is within an area of special scientific interest, or a site of archaeological interest. |
Class C |
||
Permitted development |
C. |
The painting of the exterior of any building or work. |
Development not permitted |
C.1 |
|
Interpretation of Class C |
C.2 |
In Class C “painting” includes any application of colour. |
F50Class D |
||
Permitted development |
D. |
The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. |
Development not permitted |
D.1 |
Development is not permitted by Class D if the outlet and its casing would—
|
Conditions |
D.2 |
Development is permitted by Class D subject to the conditions that when no longer needed as a charging point for electric vehicles—
|
Class E |
||
Permitted development |
E. |
The installation, alteration or replacement, within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles. |
Development not permitted |
E.1 |
Development is not permitted by Class E if the upstand and the outlet would—
|
Conditions |
E.2 |
Development is permitted by Class E subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—
|
Interpretation of Class E |
E.3 |
For the purposes of Class E “block of flats” means a building which consists of at least two flats. |
Class F |
||
Permitted development |
F. |
The replacement of an on-street original upstand with an electrical outlet mounted on it for recharging electric vehicles. |
Development not permitted |
F.1 |
Development is not permitted by Class F if the upstand and the outlet would—
|
Conditions |
F.2 |
Development is permitted by Class F subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—
|
Interpretation of Class F |
F.3 |
For the purposes of Class F “original upstand” means an upstand with an electrical outlet mounted on it for recharging electric vehicles, lawfully present on 20th December 2020. |
PART 4CHANGES OF USE
Class A |
||
Permitted development |
A. |
Development consisting of a change of use of a building to a use falling within Class A1 (Shops) or Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order from a use as a betting office or from a use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises. |
Class B |
||
Permitted development |
B. |
|
Development not permitted |
B.1 |
Development is not permitted by Class B where the change is to or from a use falling within Class B4 of the Schedule to the Use Classes Order if the change of use relates to more than 235 square metres of floor space in the building. |
Class C |
||
Permitted development |
C. |
Development consisting of a change of use of any building with a display window at ground floor level to a use falling within Class A1 (Shops) of the Schedule to the Use Classes Order from a use falling within Class A2 (Financial, professional and other services). |
Class D |
||
Permitted development |
D. |
Development consisting of a change of use of a building falling within Class C1 (Dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C2 (Guest houses) or Class C3 (Residential institutions). |
Class E |
||
Permitted development |
E. |
|
Conditions |
E.1 |
|
Interpretation of Class E |
E.2 |
For the purposes of Class E the expression “care” means “personal care” as defined in the Registered Homes (Northern Ireland) Order 1992 F20. |
Class F |
||
Permitted development |
F. |
|
Development not permitted |
F.1 |
Development is not permitted by Class F unless the part of the building used as a single flat was immediately prior to being so used, used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order. |
PART 5TEMPORARY BUILDINGS AND USES
Class A |
||
Permitted development |
A. |
The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Class B |
||
Permitted development |
B. |
The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for any purpose referred to in paragraph B.2, and the provision on the land of any moveable structure for the purposes of the permitted use. |
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
|
Class C |
||
Permitted development |
C. |
The use of land for street trading not exceeding the period of time specified in a street trading licence. |
Interpretation of Class C |
C.1 |
For the purposes of Class C— “street trading” has the meaning assigned to it by section 1(2) of the Street Trading Act (Northern Ireland) 2001 F21; “street trading licence” means a licence granted under the Street Trading Act (Northern Ireland) 2001. |
PART 6CARAVAN SITES
1963 c.17 (N.I.) as amended by 2011 c.12 (N.I.)
Class A |
||
Permitted development |
A. |
The use of land, other than a building, as a caravan site in any circumstances referred to in paragraph A.2. |
Conditions |
A.1 |
The use permitted by Class A shall be discontinued when the circumstances specified in paragraph A.2 cease to exist and all caravans on the site shall then be removed. |
Interpretation of Part 6 |
A.2 |
The circumstances mentioned in this Part are those specified in paragraphs 2 to 10 of the Schedule to the Caravans Act (Northern Ireland) 1963 F22, but in relation to those mentioned in paragraph 10 do not include use for winter quarters. |
PART 7AGRICULTURAL BUILDINGS AND OPERATIONS
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Interpretation of Class A |
A.2 |
|
Class B |
||
Permitted development |
B. |
The winning and working on land held or occupied with land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part. |
Development not permitted |
B.1 |
Development is not permitted by Class B if any excavation is within 24 metres of the nearest part of a special road or within 24 metres of the middle of a trunk or a first or second-class road or 9 metres from the middle of other classes of road. |
Conditions |
B.2 |
|
Interpretation of Class B |
B.3 |
For the purposes of Class B the expression “purposes of agriculture” includes fertilizing the land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used. |
Class C |
||
Permitted development |
C. |
The construction, formation, laying out or alteration of a means of access to a road. |
Development not permitted |
C.1 |
|
Class D |
||
Permitted development |
D. |
|
Development not permitted |
D.1 |
|
Interpretation of Class D |
D.2 |
|
PART 8FORESTRY BUILDINGS AND OPERATIONS
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
PART 9INDUSTRIAL AND WAREHOUSE DEVELOPMENT
Class A |
||
Permitted development |
A. |
The erection, extension or alteration of an industrial building or a warehouse. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
||
Permitted development |
B. |
|
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
In Class B “industrial land” means land used for the carrying out of an industrial process, including land used for the purpose of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine. |
Class C |
||
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
Conditions |
C.2 |
|
Interpretation of Part 9 |
D. |
In Classes A and C of this Part— “industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purpose of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine; “warehouse” means a building used for any purpose within Class B4 (Storage or Distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine. |
PART 10REPAIRS TO UNADOPTED STREETS AND PRIVATE WAYS
Class A |
||
Permitted development |
A. |
The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way. |
PART 11REPAIRS TO SERVICES
Class A |
||
Permitted development |
A. |
The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose. |
PART 12DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS
Class A |
||
Permitted development |
A. |
|
Conditions |
A.1 |
|
PART 13DEVELOPMENT BY COUNCILS
Word in Sch. Pt. 13 Class A para. A(b) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(b)
Class A |
||
Permitted development |
A. |
|
Interpretation of Part 13 |
A.1 |
For the purposes of this Part a reference to any small building, works or equipment is a reference to any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity. |
PART 14DEVELOPMENT BY STATUTORY AND OTHER UNDERTAKERS
S.I. 1996/275 (N.I.2) as amended by S.R. 2011 No.155 and S.R. 2013 No.92
Class A |
Railway undertakings |
|
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
For the purposes of Class A— references to the construction or erection of any building or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected; “appropriate notice” means a notice signed and dated by or on behalf of the developer and containing—
“electronic communications apparatus” has the same meaning as in the electronic communications code; “electronic communications code” has the meaning assigned to it by section 106(1) of the Communications Act 2003 F24; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it; “mast” means a structure erected by or on behalf of the developer for the support or housing of one or more antennas including a mast, pole, tower or other structure. |
Class B |
Dock, pier, harbour or water transport undertakings |
|
Permitted development |
B. |
|
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
For the purposes of Class B— references to the construction or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected; “camera” except in paragraph B.1(d) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it; “structure” and “supporting structure” means any pole, mast or tower including a street lighting column. |
Class C |
Electricity undertakings |
|
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
Conditions |
C.2 |
|
Class D |
Gas undertakings |
|
Permitted development |
D. |
|
Development not permitted |
D.1 |
|
Conditions |
D.2 |
Development is permitted by Class D(c) subject to the condition that approval from the council of details of the design and external appearance of any building shall be obtained before the development is begun. |
Interpretation of Class D |
D.3 |
For the purposes of Class D— “gas undertaker” means a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996 F25. |
Class E |
Road passenger transport undertakings |
|
Permitted development |
E. |
|
Development not permitted |
E.1 |
|
Class F |
Lighthouse undertakings |
|
Permitted development |
F. |
Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1995F26 and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to that Act. |
Development not permitted |
F.1 |
|
Class G |
Universal Service Provider |
|
Permitted development |
G. |
|
Development not permitted |
G.1 |
|
Conditions |
G.2 |
Development is permitted by Class G(b) subject to the condition that the universal postal service pouch-box is sited to minimise its effect on pedestrian flow and visual amenity. |
Interpretation of Class G |
G.3 |
For the purposes of Class G— “universal postal service pouch-box” has the meaning assigned to it by paragraph 10 of Schedule 6 to the Postal Services Act 2000; “universal service provider” has the meaning assigned to it by section 65 of the Postal Services Act 2011 F28. |
Class H |
Water and sewerage undertakings |
|
Permitted development |
H. |
|
Development not permitted |
H.1 |
|
Condition |
H.2 |
Development is permitted by Class H(d) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition or to any other condition which may be agreed between the council and the developer. |
Interpretation of Class H |
H.3 |
For the purposes of Class H— “associated apparatus” in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe; “sludge main” means a pipe or system of pipes (together with any pumps or other machinery or apparatus associated with it) for the conveyance of the residue of water or sewage treated in a water or sewage treatment works as the case may be, including final effluent or the products of the dewatering or incineration of such residue, or partly for any of those purposes and partly for the conveyance of trade effluent or its residue. |
PART 15AVIATION DEVELOPMENT
Class A |
Development at an airport |
|
Permitted development |
A. |
The carrying out on operational land by an airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airport. |
Development not permitted |
A.1 |
|
Condition |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
Air traffic services development at an airport |
|
Permitted development |
B. |
The carrying out on operational land within the perimeter of an airport by an airport operator or its agent of development in connection with the provision of air traffic services. |
Class C |
Air traffic services development near an airport |
|
Permitted development |
C. |
The carrying out on operational land outside but within 8 kilometres of the perimeter of an airport, by an airport operator or its agent, of development in connection with the provision of air traffic services. |
Development not permitted |
C.1 |
|
Class D |
Use of airport buildings managed by an airport operator |
|
Permitted development |
D. |
The use of buildings within the perimeter of an airport managed by an airport operator for purposes connected with air transport services or other flying activities at that airport. |
Class E |
Development by an air traffic services licence holder within an airport |
|
Permitted development |
E. |
The carrying out by an air traffic services licence holder or its agents, within the perimeter of an airport, of development in connection with the provision of air traffic services. |
Class F |
Development by an air traffic services licence holder on operational land |
|
Permitted development |
F. |
The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services. |
Development not permitted |
F.1 |
|
Class G |
Development by an air traffic services licence holder in an emergency |
|
Permitted development |
G. |
The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus. |
Condition |
G.1 |
Development is permitted by Class G subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored so far as practicable to its condition before the development took place. |
Class H |
Development by an air traffic services licence holder involving moveable structures etc. |
|
Permitted development |
H. |
The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on land for the purposes of that use. |
Development not permitted |
H.1 |
Development is not permitted by Class H if the land is within a site of archaeological interest. |
Condition |
H.2 |
Development is permitted by Class H subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place. |
Class I |
Development by the Civil Aviation Authority for surveys etc. |
|
Permitted development |
I. |
The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations. |
Condition |
I.1 |
Development is permitted by Class I subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place. |
Interpretation of Part 15 |
J. |
For the purposes of Part 15— “air traffic services” has the same meaning as in section 98 of the Transport Act 2000 F30; “air traffic services licence holder” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000; “airport operator” has the same meaning as in Part 1 of the Airports (Northern Ireland) Order 1994 F31. |
F56PART 16MINERAL EXPLORATION
Sch. Pt. 16 substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(c), Sch. 2
Class A |
||
Permitted development |
A. |
Development on any land during a period not exceeding 4 months consisting of—
for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations. |
Development not permitted |
A.1 |
Development is not permitted by Class A if—
|
Conditions |
A.2. |
Development is permitted by Class A subject to the following conditions— |
|
||
Interpretation of Part 16 |
C |
For the purposes of Part 16—
|
PART 17DEVELOPMENT ANCILLARY TO MINING OPERATIONS
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
For the purposes of Class A “sensitive receptor” means a building, or part of a building, used for any purposes within Classes C1, C2, C3 or D1 of the Schedule to the Use Classes Order. |
Class B |
||
Permitted development |
B. |
Development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine. |
Development not permitted |
B.1 |
|
F57PART 18DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS
Sch. Pt. 18 substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(d), Sch. 3
Class A |
||
Permitted development |
A. |
Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, consisting of—
|
Development not permitted |
A.1 |
Development is not permitted by Class A if—
|
Conditions |
A.2 |
|
Interpretation of Part 18 |
A.3 |
For the purposes of Part 18—
|
PART 19OTHER TELECOMMUNICATIONS DEVELOPMENT
Class A |
||
Permitted development |
A. |
The installation, alteration or replacement on any building or other structure of a height of 15 metres or more of a microwave antenna and any structure intended for the support of a microwave antenna. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Class B |
||
Permitted development |
B. |
The installation, alteration or replacement on any building or other structure of a height of less than 15 metres of a microwave antenna. |
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
B.3 |
|
|
B.4 |
The length of an antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. |
PART 20DEVELOPMENT AT AMUSEMENT PARKS
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Interpretation of Part 20 |
A.2 |
For the purposes of Part 20— “amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purpose of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; “booths or stalls” includes buildings or structures similar to booths or stalls. |
PART 21DEVELOPMENT REQUIRED UNDER THE ROADS (NORTHERN IRELAND) ORDER 1993
Class A |
||
Permitted development |
A. |
|
PART 22CLOSED CIRCUIT TELEVISION CAMERAS
Class A |
||
Permitted development |
A. |
The installation, alteration or replacement on a building of a closed circuit television camera to be used for security purposes. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Part 22 |
A.3 |
For the purposes of Part 22— “camera” except in paragraph A.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and “ground level” means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it. |
PART 23DEVELOPMENT BY THE DEPARTMENT FOR REGIONAL DEVELOPMENT – ROADS UNDERTAKINGS
S.I. 1993/3160 (N.I.15) as amended by S.I. 1997/276 (N.I.2) and 2003 c.21
Class A |
||
Permitted development |
A. |
|
Interpretation of Class A |
A.1 |
For the purposes of Class A— “improvement” means the improvement and safety of roads under Part IV of the Roads (Northern Ireland) Order 1993 F33; “maintenance” means the maintenance of roads under Articles 8 to 12 of that Order. |
Class B |
||
Permitted development |
B. |
The carrying out by or on behalf of the Department for Regional Development of works in exercise of its functions under Articles 4(1), 5(1), 6, 14(1), 15(1), 18(1) and 68(1)of the Roads (Northern Ireland) Order 1993, or works in connection with, or incidental to, the exercise of those functions. |
Class C |
||
Permitted development |
C. |
The installation, alteration or replacement (other than on a building) by or on behalf of the Department for Regional Development of a closed circuit television camera, including its supporting structure, for the purposes of traffic management or road safety. |
Development not permitted |
C.1 |
|
Interpretation of Class C |
C.2 |
For the purposes of Class C— “camera” except in paragraph C.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it. “structure” and “supporting structure” means any pole, mast or tower including a street lighting column. |
PART 24DEVELOPMENT BY THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Class A |
||
Permitted development |
A. |
Development by or on behalf of the Department of Agriculture and Rural Development consisting of drainage works. |
Development not permitted |
A.1 |
|
Interpretation of Class A |
A.2 |
For the purposes of Class A— “drainage works” has the meaning assigned to it by Schedule 2 of the Drainage (Northern Ireland) Order 1973 F34. |
Class B |
||
Permitted development |
B. |
Development requiring the preparation of an environmental statement for the purposes of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006F35. |
PART 25DEVELOPMENT BY THE DEPARTMENT OF CULTURE, ARTS AND LEISURE
the definition of “waterway” was amended by S.I. 2006/3336 (N.I.21) Art. 291(5)
Words in Sch. Pt. 25 substituted (1.12.2019) by The Waterways (Environmental Impact Assessment) Regulations (Northern Ireland) 2019 (S.R. 2019/209), regs. 1(1), 19(2)
1966 c.17 (N.I.) as amended by S.I. 1991/1466 (N.I.13)
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
|
Condition |
A.2 |
Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition or to any other condition which may be agreed between the council and the developer. |
Interpretation of Class A |
A.3 |
For the purposes of Class A— “canal works” has the meaning assigned to it by Schedule 4 (description of canal works, etc.) of the Water (Northern Ireland) Order 1999 F36; “waterway” has the meaning assigned to it by Article 2 (interpretation) of that Order F37. |
Class B |
||
Permitted development |
B. |
Development requiring the preparation of an environmental statement for the purposes of F48the Waterways (Environmental Impact Assessment) Regulations (Northern Ireland) 2019 . |
Class C |
||
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
Interpretation of Class C |
C.2 |
For the purposes of Class C— “inland waters” has the meaning assigned to it by section 206 (interpretation) of the Fisheries (Northern Ireland) Act 1966. |
PART 26DEVELOPMENT BY THE DEPARTMENT
Class A |
||
Permitted development |
A. |
|
Development not permitted |
A.1 |
Development is not permitted by Class A(a) if the works involve an extension of the historic monument. |
Condition |
A.2 |
Except for development also falling within Class A(a), Class A(b) development is permitted subject to the condition that any structure erected in accordance with that permission shall be removed at the expiry of a period of six months (or such longer period as may be agreed in writing between the council and the Department) from the date on which work to erect the structure was begun. |
Interpretation of Class A |
A.3 |
For the purposes of Class A— “historic monument” has the meaning assigned to it by Article 2(2) of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 F39; “monument” has the meaning assigned to it by Article 2(6) of that Order. |
Class B |
||
Permitted development |
B. |
The installation, alteration or replacement (other than on a building) by or on behalf of the Department of a closed circuit television camera, including its supporting structure, for security purposes. |
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
For the purposes of Class B— “camera”, except in paragraph B.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it. “structure” and “supporting structure” means any pole, mast, tower or lamp standard. |
PART 27DEVELOPMENT FOR THE PURPOSES OF SECURITY AT PRISONS, JUVENILE JUSTICE CENTRES OR YOUNG OFFENDERS CENTRES
S.I. 1998/1504 (N.I 9)
1953 c.18 (N.I.) as amended by S.I. 1989/1344 (N.I.15) and S.I. 1998/1504 (N.I.9)
1968 c.29 (N.I.) as amended by S.I. 1989/1344 (N.I.15)
Class A |
||
Permitted development |
A. |
The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure for the purposes of security at any prison, juvenile justice centre or young offenders centre. |
Development not permitted |
A.1 |
Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 5.2 metres above ground level. |
Class B |
||
Permitted development |
B. |
The installation, alteration or replacement of a closed circuit television camera and associated lighting on a building or any other structure for the purposes of security at any prison, juvenile justice centre or young offenders centre. |
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
Interpretation of Part 27 |
C. |
For the purposes of Part 27— “camera”, except in paragraph B.1(a), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the building or structure to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it. “juvenile justice centre” has the meaning assigned to it by Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 F40; “prison” has the meaning assigned to it by section 47 of the Prison Act (Northern Ireland) 1953 F41; “structure” means any pole, mast, tower or lamp standard; “young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 F42. |
PART 28DEVELOPMENT BY THE CROWN
Word in Sch. Pt. 28 Class A para. A(b) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(e)
Class A |
||
Permitted development |
A. |
|
Interpretation of Class A |
A.1 |
The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity. |
Class B |
||
Permitted development |
B. |
The extension or alteration by or on behalf of the Crown of an operational Crown building. |
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
|
Class C |
||
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
Interpretation of Class C |
C.2 |
In Class C, “Crown land” does not include land in or adjacent to and occupied together with a mine. |
Class D |
||
Permitted development |
D. |
The creation by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building. |
PART 29AVIATION DEVELOPMENT BY THE CROWN
Words in Sch. Pt. 29 substituted (25.8.2016) by The Air Navigation Order 2016 (S.I. 2016/765), art. 1, Sch. 14 para. 13 (with arts. 17-23, 274(2)-(4))
Class A |
||
Permitted development |
A. |
The carrying out on operational Crown land by or on behalf of the Crown of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase. |
Development not permitted |
A.1 |
|
Condition |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
||
Permitted development |
B. |
The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
Class C |
||
Permitted development |
C. |
The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
Development not permitted |
C.1 |
|
Class D |
||
Permitted development |
D. |
The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
Development not permitted |
D.1 |
|
Class E |
||
Permitted development |
E. |
The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services. |
Condition |
E.1 |
Development is permitted by Class E subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
Class F |
||
Permitted development |
F. |
The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on land for the purpose of that use. |
Condition |
F.1 |
Development is permitted by Class F subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
Class G |
||
Permitted development |
G. |
The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations. |
Condition |
G.1 |
Development is permitted by Class G subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
Class H |
||
Permitted development |
H. |
The use of buildings by or on behalf of the Crown within the perimeter of an airbase undertaking for purposes connected with air transport services or other flying activities at that airbase. |
Interpretation of Part 29 |
I. |
For the purposes of Part 29— “airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of F47paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ; “air traffic services” has the same meaning as in section 98 of the Transport Act 2000 F43. |
PART 30CROWN RAILWAYS, DOCKYARDS ETC. AND LIGHTHOUSES
Class A |
||
Permitted development |
A. |
Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail. |
Development not permitted |
A.1 |
|
Interpretation of Class A |
A.2 |
For the purposes of Class A references to the construction or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected. |
Class B |
||
Permitted development |
B. |
|
Development not permitted |
B.1 |
|
Interpretation of Class B |
B.2 |
For the purposes of Class B references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected. |
Class C |
||
Permitted development |
C. |
The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking. |
Class D |
||
Permitted development |
D. |
|
Development not permitted |
D.1 |
|
Interpretation of Class D |
D.2 |
For the purposes of Class D— “buoys and beacons” include all other marks and signs of the sea; “lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signal. |
PART 31EMERGENCY DEVELOPMENT BY THE CROWN
Class A |
||
Permitted development |
A. |
|
Conditions |
A.1 |
|
Interpretation of Part 31 |
A.2 |
|
PART 32DEVELOPMENT FOR NATIONAL SECURITY PURPOSES
Class A |
||
Permitted development |
A. |
The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure by or on behalf of the Crown on Crown land for national security purposes. |
Development not permitted |
A.1 |
Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level. |
Class B |
||
Permitted development |
B. |
The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting on a building or any other structure for national security purposes. |
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
Interpretation of Class B |
B.3 |
For the purposes of Class B— “camera”, except in paragraph B.1(a), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the building or structure to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; “structure” means any pole, mast, tower or lamp standard. |
Class C |
||
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
C.2 |
|
|
C.3 |
|
|
Conditions |
C.4 |
|
C.5 |
|
|
C.6 |
|
|
Interpretation of Class C |
C.7 |
For the purposes of Class C— “appropriate notice” means a notice signed and dated by or on behalf of the developer and containing—
“development ancillary to equipment housing” means the construction, installation, alteration or replacement of structures, equipment or other means of access which are ancillary to and reasonably required for the purposes of the equipment housing; “electronic communications apparatus” has the same meaning as in the electronic communications code; “electronic communications code” has the meaning assigned to it by section 106(1) of the Communications Act 2003 F44 “local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development is situated; “mast” means a structure erected by or on behalf of the developer for the support or housing of one or more antennas including a radio mast, radio tower, pole or other structure; “relevant day” means—
whichever is later; “relevant period” means a period which expires—
whichever occurs first. |
PART 33DEMOLITION OF BUILDINGS
Class A |
||
Permitted development |
A. |
Any building operation consisting of the demolition of a building. |
Development not permitted |
A.1 |
|
Interpretation of Part 33 |
A.2 |
For the purposes of Part 33— “area of townscape character” means—
“area of village character” means an area designated as such in a departmental development plan or in a local development plan prepared under Part 2 of the 2011 Act or a draft of such a plan; “departmental development plan” has the same meaning as in the Schedule to the Planning (Local Development Plan) Regulations (Northern Ireland) 2015 F46. |
PART 34SHOPS, FINANCIAL AND PROFESSIONAL SERVICES ESTABLISHMENTS
Word in Sch. Pt. 34 Class A para. A.1(a)(i) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
Word in Sch. Pt. 34 Class A para. A.1(a)(ii) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
Sch. Pt. 34 Class D inserted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
Class A |
||
Permitted development |
A. |
The extension or alteration of a shop or financial or professional services establishment. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
||
Permitted development |
B. |
The erection or construction of a trolley store within the curtilage of a shop. |
Development not permitted |
B.1 |
|
Conditions |
B.2 |
Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys. |
Interpretation of Class B |
B.3 |
For the purposes of Class B— “shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and “trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys. |
Class C |
||
Permitted development |
C. |
|
Development not permitted |
C.1 |
|
Conditions |
C.2 |
|
Interpretation of Class C |
C.3 |
For the purposes of Class C “shop or financial or professional services establishment” means a building, or part of a building, used for any purposes within Classes A1 or A2 of the Schedule to the Use Classes Order. |
F53Class D |
||
Permitted development |
D. |
Development of modification of a loading bay of a shop. |
Development not permitted |
D.1. |
Development is not permitted by Class D if—
|
Conditions |
D.2. |
Development is permitted by Class D subject to the condition that the materials used must be of a similar appearance to those used in the construction of the exterior of the shop. |
Interpretation of Class D |
D.3. |
For the purposes of Class D—
|
PART 35OFFICE BUILDINGS
Class A |
||
Permitted development |
A. |
The extension or alteration of an office building. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
||
Permitted development |
B. |
|
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
Interpretation of Class B |
B.3 |
For the purposes of Class B “office building” means a building used for any purpose within Class B1 of the Schedule to the Use Classes Order. |
PART 36SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS
Class A |
||
Permitted development |
A. |
The erection, extension or alteration of a school, college, university or hospital building. |
Development not permitted |
A.1 |
|
Conditions |
A.2 |
|
Interpretation of Class A |
A.3 |
|
Class B |
||
Permitted development |
B. |
|
Development not permitted |
B.1 |
|
Conditions |
B.2 |
|
PART 37INSTALLATION OF NON DOMESTIC MICROGENERATION EQUIPMENT
Class A |
|||
Permitted development |
A. |
The installation, alteration or replacement of solar PV or solar thermal equipment on a building other than a dwellinghouse or block of flats. |
|
Development not permitted |
A.1 |
|
|
Conditions |
A.2 |
|
|
Class B |
|||
Permitted development |
B. |
The installation, alteration or replacement of stand alone solar within the curtilage of a building other than a dwellinghouse or block of flats. |
|
Development not permitted |
B.1 |
|
|
Conditions |
B.2 |
|
|
Class C |
|||
Permitted development |
C. |
The installation, alteration or replacement of a ground or water source heat pump within the curtilage of a building other than a dwellinghouse or block of flats. |
|
Development not permitted |
C.1 |
|
|
Conditions |
C.2 |
|
|
Class D |
|||
Permitted development |
D. |
The erection, extension or alteration of a boiler house forming part of a biomass heating system, or a combined heat and power system within the curtilage of a building other than a dwellinghouse or block of flats. |
|
Development not permitted |
D.1 |
|
|
Class E |
|||
Permitted development |
E. |
The erection or provision of a container for the storage of biomass fuel within the curtilage of a building other than a dwellinghouse or block of flats. |
|
Development not permitted |
E.1 |
|
|
Interpretation of Part 37 |
F. |
For the purposes of Part 37— “block of flats” means a building which consists wholly of flats; “solar PV” means solar photovoltaics; “stand alone solar” means solar PV or solar thermal equipment which is not installed on a building. |
2011 c.25 (N.I.)