LegalizeThe Planning (General Permitted Development) Order (Northern Ireland) 2015
Made: 25th February 2015
Coming into operation: 1st April 2015
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 .
Application, citation and commencement
1
- (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.
Interpretation
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- (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 ;
- “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 ;
- “area of special scientific interest” means an area so designated under Article 28 of the Environment (Northern Ireland) Order 2002 ;
- “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 ;
- “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 ;
- “classified road” and “trunk road” have the same meaning as in the Roads (Northern Ireland) Order 1993 ;
- “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 conservation area;an area of outstanding natural beauty;an area of special scientific interest;a National Park;a World Heritage Site;
- “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 ;
- “electronic communication” has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001 ;
- “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 ;
- “industrial process” means a process for or incidental to any of the following purposes—the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; orthe 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;
- “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—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; andthe capacity of which—to generate electricity, does not exceed 50 kilowatts;to produce heat, does not exceed 45 kilowatts thermal;
- “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—Crown land which is used for operational purposes; andCrown land which is held for those purposes, but does not include—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;Crown land—belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;in which there is an estate belonging to Her Majesty in right of Her private estates;
- “operational land” in relation to the undertakers specified in Parts 14, 15, 25 and 29 of the Schedule means—land which is used for the purpose of carrying on their undertakings; andland 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:
- Provided that where an interest in land is held by such undertakers for the purpose of carrying on their undertaking and—the interest was acquired by them on or after 1st October 1973; orit 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;
- “operational purposes” means the purposes of carrying out the functions of the Crown;
- “original” means—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;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;
- “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 drain or sewer;a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes;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 apply by virtue of section 125(1) (building operations and works of engineering construction) of that Act;a pipe or system of pipes wholly situated within the boundaries of an agricultural unit and designed for use for the purposes of agriculture;a pipe or system of pipes wholly situated in premises used for the purposes of education or research; ora pneumatic despatch tube.
- 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—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;valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;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);apparatus for the transmission of information for the operation of the pipe or system;apparatus for affording cathodic protection to the pipe or system;a structure for exclusive support of a part of the line or system;
- “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 ;
- “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 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 ;
- “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 ;
- “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 .
- (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 Development
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- (1) Subject to the provisions of this Order and regulations 55 and 56 of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 , 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 development
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- (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 directions
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- (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 directions
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- (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 16
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- (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 28 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 provisions
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- (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 shall be treated as if it had been done by, to or in relation to the appropriate council under the Schedule to this Order.
SCHEDULE — DEVELOPMENT PERMITTED UNDER ARTICLE 3
PART 1 — DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE
development is not permitted by Class D if the total area of ground covered by buildings, enclosures and pools situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.
PART 2 — INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT
| Class A | Class A | Class A | Class A |
|---|---|---|---|
| Permitted development | Permitted development | A. | The installation, alteration or replacement of solar PV or solar thermal equipment on the roof of— a dwellinghouse; or any building within the curtilage of a dwellinghouse. |
| Development not permitted | Development not permitted | A.1 | Development is not permitted by Class A if— any part of the solar PV or solar thermal equipment would protrude more than 20 centimetres beyond the plane of any existing roof slope which faces onto and is visible from a road; any part of the solar PV or solar thermal equipment would exceed— the height of the highest part of any existing ridged roof; or 1.5 metres above the plane of any flat roof; in the case of solar PV or solar thermal equipment installed in a World Heritage Site or conservation area— the roof slope to which they would be fitted faces onto and is visible from a road; or any part of the solar PV or solar thermal equipment fitted to a flat roof would be visible from a road; any part of the solar PV or solar thermal equipment would extend beyond the edge of the existing roof; or the solar PV or solar thermal equipment would be installed within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | A.2 | Development is permitted by Class A subject to the following conditions— the primary purpose of the solar PV or solar thermal equipment would be to provide heat or energy for use within the curtilage of the dwellinghouse; and any solar PV or solar thermal equipment no longer used to provide heat or energy shall be removed as soon as reasonably practicable. |
| Class B | Class B | Class B | Class B |
| Permitted development | Permitted development | B. | The installation, alteration or replacement of solar PV or solar thermal equipment on— the wall of a dwellinghouse; the wall of any building within the curtilage of a dwellinghouse; or any wall within the curtilage of a dwellinghouse. |
| Development not permitted | Development not permitted | B.1 | Development is not permitted by Class B if— any part of the solar PV or solar thermal equipment installed within 3 metres of the boundary of the curtilage of the dwellinghouse and exceeding 4 metres in height extends more than 20 centimetres beyond the plane of the wall; any part of the solar PV or solar thermal equipment when installed would extend beyond the boundary of the wall; for Class B(a) or (b) development, any part of the solar PV or solar thermal equipment installed on the wall of a chimney would exceed the height of the highest part of the roof; in the case of solar PV or solar thermal equipment installed on a wall within a World Heritage Site or conservation area the wall would face onto and be visible from a road; or the solar PV or solar thermal equipment would be installed within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | B.2 | Development is permitted by Class B subject to the following conditions— the primary purpose of the solar PV or solar thermal equipment would be to provide heat or energy for use within the curtilage of the dwellinghouse; and any solar PV or solar thermal equipment no longer used to provide heat or energy shall be removed as soon as reasonably practicable. |
| Class C | Class C | Class C | Class C |
| Permitted development | Permitted development | C. | The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse. |
| Development not permitted | Development not permitted | C.1 | Development is not permitted by Class C if— it would result in the presence within the curtilage of more than one stand alone solar; the area of the stand alone solar would exceed 14 square metres; any part of the stand alone solar would exceed 2 metres in height; any part of the stand alone solar would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road; or the stand alone solar would be situated within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | C.2 | Development is permitted by Class C subject to the following conditions— the primary purpose of the stand alone solar would be to provide heat or energy for use within the curtilage of the dwellinghouse; and any stand alone solar no longer used to provide heat or energy shall be removed as soon as reasonably practicable. |
| Class D | Class D | Class D | Class D |
| Permitted development | 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 | Development not permitted | D.1 | Development is not permitted by Class D if— in the case of the erection or provision of an above ground container— the capacity of that container would exceed 6,500 litres; or any part of that container would be more than 3 metres above ground level; any part of the container would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road; it would involve the erection or provision of a below ground container within a site of archaeological interest or an area of special scientific interest; or the container would be situated within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | D.2 | Development is permitted by Class D subject to the following conditions— the biomass fuel stored would be used to provide heat for use within the curtilage of the dwellinghouse; and any container provided under this class, no longer used for the storage of biomass fuel shall be removed as soon as reasonably practicable. |
| Class E | Class E | Class E | Class E |
| Permitted development | 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 | Development not permitted | E.1 | Development is not permitted by Class E if— the height of the flue would exceed the highest part of the roof by more than one metre; in the case of a flue installed in a World Heritage Site or a conservation area the flue would be installed on a wall or roof slope forming the principal or a side elevation of the dwellinghouse and would be visible from a road; or the dwellinghouse is within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Condition | 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 | Class F | Class F | Class F |
| Permitted development | Permitted development | F. | The provision of a ground or water source heat pump within the curtilage of a dwellinghouse. |
| Development not permitted | Development not permitted | F.1 | Development is not permitted by Class F if— any part of the heat pump or its housing would be within 3 metres of the boundary of the curtilage of the dwellinghouse and would exceed 4 metres in height; any part of the heat pump or its housing would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road; it would involve the provision of any heat pump within an area of special scientific interest or a site of archaeological interest; or the heat pump would be situated within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | F.2 | Development is permitted by Class F subject to the following conditions— the heat pump would be used to provide heat for use within the curtilage of the dwellinghouse; and when no longer used to provide heat it shall be removed as soon as reasonably practicable. |
| Class G | Class G | Class G | Class G |
| Permitted development | Permitted development | G. | The installation, alteration or replacement of an air source heat pump within the curtilage of a dwellinghouse. |
| Development not permitted | Development not permitted | G.1 | Development is not permitted by Class G if— it would result in the presence within the curtilage of more than one air source heat pump; any part of the air source heat pump would be less than 30 metres from a dwellinghouse (other than the dwellinghouse on which the air source heat pump is being installed, altered or replaced); any part of the air source heat pump would be situated on land forward of a wall which— faces onto a road; and forms either the principal elevation or a side elevation of the original dwellinghouse; in the case of a dwellinghouse within a World Heritage Site or conservation area any part of the air source heat pump faces onto and is visible from a road; the external unit of the air source heat pump would exceed 2 metres in height; the air source heat pump would be installed on a roof; the air source heat pump would be situated within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | Conditions | G.2 | Development is permitted by Class G subject to the following conditions— the air source heat pump would be used to provide heat for use within the curtilage of the dwellinghouse; and when no longer used to provide heat it shall be removed as soon as reasonably practicable. |
| Interpretation of Part 2 | H. | 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 3 — MINOR OPERATIONS
| Class A | Class A | 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 | Development is not permitted by Class A if— the height of any gate, fence, wall or other means of enclosure erected or constructed adjacent to a road used or designed to be used by vehicular traffic exceeds 1 metre above ground level; the height of any other gate, fence, wall or means of enclosure erected or constructed exceeds 2 metres above ground level; the height of any gate, fence, wall or means of enclosure maintained, improved or altered exceeds its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; it involves development within the curtilage of, or to a gate, fence, wall or other means of enclosure, surrounding a listed building unless listed building consent for the development has previously been granted; or it involves development on land determined by the Department for Regional Development as a private street in accordance with Article 3(1) of the Private Streets (Northern Ireland) Order 1980[^f00019]. |
| Class B | Class B | 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 | Class C | Class C |
| Permitted development | C. | The painting of the exterior of any building or work. |
| Development not permitted | C.1 | Development is not permitted by Class C— where the painting is for the purpose of advertisement, announcement or direction; or within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Interpretation of Class C | C.2 | In Class C “painting” includes any application of colour. |
PART 4 — CHANGES OF USE
| Class A | Class A | 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 | Class B | Class B |
| Permitted development | B. | Development consisting of a change of the use of a building— to a use falling within Class B2 (Light Industrial) of the Schedule to the Use Classes Order from a use falling within Class B3 (General Industrial); to a use falling within Class B2 (Light Industrial) of that Schedule from a use falling within Class B4 (Storage or distribution); to a use falling within Class B4 (Storage or distribution) of that Schedule from a use falling within Class B2 (Light Industrial) or Class B3 (General Industrial). |
| 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 | Class C | 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 | Class D | 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 | Class E | Class E |
| Permitted development | E. | Development consisting of a change of use of a building— to a mixed use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule; to a mixed use for any purpose within Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule; where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (Financial, professional and other services) of that Schedule. |
| Conditions | E.1 | Development is permitted by Class E subject to the following conditions— some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat; where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat; the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence)— by a single person or by people living together as a family; or by not more than six residents living together as a single household (where care is provided for residents). |
| 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[^f00020]. |
| Class F | Class F | Class F |
| Permitted development | F. | Development consisting of a change of the use of a building— to a use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat; to a use for any purpose within Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat; where that building has a display window at ground floor level, to a use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (Financial, professional and other services) of that Schedule and as a single flat. |
| 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 5 — TEMPORARY BUILDINGS AND USES
| Class A | Class A | 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 | Development is not permitted by Class A if— the operations referred to are mining operations; planning permission is required for those operations but is not granted; or it is within a site of archaeological interest. |
| Conditions | A.2 | Development is permitted by Class A subject to the conditions that, when the operations have been carried out— any building, structure, works, plant or machinery permitted by this Class shall be removed; and any adjoining land on which development permitted by this Class is carried out shall as soon and so far as practicable, be reinstated to its condition before that development was carried out. |
| Class B | Class B | 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 | Development is not permitted by Class B if— the land in question is a building or is within the curtilage of a building; the use of land is for a caravan site; or the land is within a site of archaeological interest. |
| Interpretation of Class B | B.2 | The purposes mentioned in Class B are— the holding of a market; motor car and motorcycle racing, including trials of speed, and practising for these activities. |
| Class C | Class C | 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[^f00021]; “street trading licence” means a licence granted under the Street Trading Act (Northern Ireland) 2001. |
PART 6 — CARAVAN SITES
| Class A | Class A | 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 , but in relation to those mentioned in paragraph 10 do not include use for winter quarters. |
PART 7 — AGRICULTURAL BUILDINGS AND OPERATIONS
reasonably necessary for the purposes of agriculture within that unit.
PART 8 — FORESTRY BUILDINGS AND OPERATIONS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of— works for the erection, extension or alteration of a building; the formation, alteration or maintenance of private ways; operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways; other operations (not including engineering or mining operations). |
| Development not permitted | A.1 | Development is not permitted by Class A if— it consists of or includes the provision or alteration of a dwelling; the height of any building or works within 3 kilometres of the perimeter of an airport exceeds 3 metres in height; or any part of the development 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 | A.2 | Development is permitted in Class A(c) subject to the following conditions— the surface of the land shall be levelled and any topsoil replaced as the uppermost layer; and the land shall, so far as practicable, be restored to its condition before the development took place. |
PART 9 — INDUSTRIAL AND WAREHOUSE DEVELOPMENT
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The erection, extension or alteration of an industrial building or a warehouse. |
| Development not permitted | A.1 | Development is not permitted by Class A if— the height of any part of the new building erected would exceed— if within 10 metres of a boundary of the curtilage of the premises, 5 metres; in all other cases, the height of the highest building within the curtilage of the premises or 15 metres, whichever is lower; the height of the building as extended or altered would exceed— if within 10 metres of a boundary of the curtilage of the premises, 5 metres; in all other cases, the height of the building being extended or altered; the floor space of the original building would be exceeded by more than— 10% in respect of development in an area of outstanding natural beauty, a National Park, a World Heritage Site or a conservation area or 25% in any other case; or 500 square metres in respect of development in an area of outstanding natural beauty, a National Park, a World Heritage Site or a conservation area or 1000 square metres in any other case; whichever is the lesser; the floor space of any new building erected would exceed 100 square metres; any part of the development would be within 5 metres of any boundary of the curtilage of the premises; any part of the development would be within 10 metres of any boundary of the curtilage of the premises which adjoins the curtilage of any dwellinghouse or flat; any part of the development would face onto a road; as a result of the works the total area of ground covered by buildings within the curtilage of the premises would exceed 50% of the total area of the curtilage; the development would lead to a reduction in the space available for the parking or turning of vehicles; the development is within an area of special scientific interest or a site of archaeological interest; the development would consist of or include the construction or provision of a veranda, balcony or raised platform; or the development would be within the curtilage of a listed building unless listed building consent has previously been granted. |
| Conditions | A.2 | Development is permitted in Class A subject to the following conditions— the development must be within the curtilage of an existing industrial building or warehouse; any building as erected, extended or altered shall only be used— in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking, for research and development of products or processes, or the provision of employee facilities ancillary to the undertaking; in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities ancillary to the undertaking; no building as erected, extended or altered shall be used to provide employee facilities— between 7.00 p.m. and 6.30 a.m. for employees other than those present at the premises of the undertaking for the purposes of their employment; or at all if a hazardous substance is present in excess of the controlled quantity specified in Part A of Schedule 2 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 at the premises of the undertaking; any new building erected shall be constructed using materials which have a similar external appearance to those used for the existing industrial building or warehouse; and any extension or alteration shall be constructed using materials which have a similar external appearance to those used for the building or warehouse being extended or altered. |
| Interpretation of Class A | A.3 | For the purposes of Class A— where an industrial building or warehouse is situated in an industrial estate the “boundary of the curtilage of the premises” relates to the boundary of the curtilage of the premises of the undertaking concerned and not the boundary of the curtilage of the industrial estate as a whole; “original building” does not include any building erected at any time under Class A; where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement; “employee facilities” means social care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees; “raised platform” means a platform with a height greater than 0.3 metres above ground level. |
| Class B | Class B | Class B |
| Permitted development | B. | Development carried out on industrial land for the purposes of an industrial process consisting of— the installation of additional or replacement plant or machinery or structures or erections of the nature of plant or machinery; the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or the provision, rearrangement or replacement of a private way, private railway, siding or conveyor. |
| Development not permitted | B.1 | Development is not permitted in Class B if— it materially affects the external appearance of the premises of the undertaking concerned; or any plant or machinery exceeds a height of 15 metres above ground level or the height of anything replaced, whichever is the greater. |
| 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 | Class C | Class C |
| Permitted development | C. | Development consisting of— the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned; or the replacement in whole or in part of such a surface. |
| Development not permitted | C.1 | Development is not permitted in Class C if— it would involve the removal of trees; or the development would be within the curtilage of a listed building unless listed building consent has previously been granted. |
| Conditions | C.2 | Development is permitted in Class C subject to the following conditions— where there is a risk of groundwater contamination the hard surface shall not be made of porous materials; in all other cases, either— the hard surface shall be made of porous materials; or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse. |
| 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 10 — REPAIRS TO UNADOPTED STREETS AND PRIVATE WAYS
| Class A | Class A | 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 11 — REPAIRS TO SERVICES
| Class A | Class A | 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 12 — DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS
which designates specifically the nature of the development authorised and the land upon which it may be carried out.
PART 13 — DEVELOPMENT BY COUNCILS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The erection or construction and the maintenance, improvement or other alteration by a council of— any small ancillary building, works or equipment on land belonging to or maintained by it required for the purposes of any function exercised by it on that land; lamp standards, information kiosks, public shelters and seats, electric car charging points, public drinking fountains, refuse bins or baskets, and similar structures or works required in connection with the operation of any public service administered by it. |
| 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 14 — DEVELOPMENT BY STATUTORY AND OTHER UNDERTAKERS
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