The Planning (General Permitted Development) Order (Northern Ireland) 2015

Type Ni-Statutory-Rule
Publication 2015-02-25
Last updated 2023-07-04
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
PDF Download
articles Not indexed
Reform history JSON API
Class A Class A Railway undertakings
Permitted development A. Development by or on behalf of railway undertakers on their operational land required— in connection with the movement of traffic by rail; or for the installation, alteration or replacement of electronic communications apparatus for rail safety systems.
Development not permitted A.1 Development is not permitted by Class A if— it consists of or includes the construction of a railway; it consists of or includes the construction or erection of a hotel, railway station or bridge; it consists of or includes the construction or erection otherwise than wholly within a railway station of a residential building, an office, or a building used for manufacturing or repair work; the land is within an area of special scientific interest or a site of archaeological interest; in the case of any Class A(b) development, the installation of any apparatus (other than on a building or other structure), excluding any antenna, would exceed 15 metres in height above ground level; in the case of any Class A(b) development, the replacement or alteration of any apparatus (other than on a building or structure), excluding any antenna, would when altered or replaced exceed 15 metres in height above ground level or the height of any apparatus it replaces, whichever is the greater; in the case of any Class A(b) development it would consist of the installation of a mast on a building or other structure and would— exceed 15 metres in height above ground level; or be within 20 metres of the boundary of a road; in the case of the installation, replacement or alteration of any apparatus under Class A(b) other than— a mast; an antenna; a public call box; any apparatus which does not project above the surface of the ground; or equipment housing; the ground or base area of the structure would exceed 1.5 square metres; or in the case of any Class A(b) development it would consist of the installation, alteration or replacement of ground based equipment housing exceeding 90 cubic metres or, if located on a roof of a building, it would exceed 30 cubic metres.
Conditions A.2 1 Class A(b) development consisting of the installation, alteration or replacement of one or more antennas is permitted subject to the condition that the developer shall— a except in a case of emergency give appropriate notice in writing to the council no fewer than 28 days before development is begun of the developer’s intention to carry out such development; or b in a case of emergency give appropriate notice of such development as soon as possible after the emergency begins. 2 The notice referred to in sub-paragraphs 1(a) and (b) shall be accompanied by a declaration that the proposed equipment and installation is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (1999/519/EC) (0Hz to 300 GHz).
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— the name of the developer; the address or location of the proposed development; and a description of the proposed development (including its siting and appearance and the height of any mast); “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[^f00024]; “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 Class B Dock, pier, harbour or water transport undertakings
Permitted development B. Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour or water transport undertakings, required— for the purposes of shipping; in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier, harbour, or the movement of traffic by any railway forming part of the undertaking; for the installation, alteration or replacement (other than on a building) of a closed circuit television camera, including its supporting structure, for the purposes of security; or the erection, alteration or replacement of a fence for the purposes of security.
Development not permitted B.1 Development is not permitted by Class B if— it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic; the land is within a site of archaeological interest; the installation, alteration or replacement of a closed circuit television camera is to be carried out in a conservation area unless it involves the installation, alteration or replacement of a camera on an existing structure; the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level; the development would result in the presence of more than four cameras on the structure; any part of a fence erected, altered or replaced would exceed 2.9 metres in height; any part of a fence erected, altered or replaced would be adjacent to the curtilage of any dwellinghouse or flat; or in the case of any Class B(c) or Class B(d) development the development is within an area of special scientific interest.
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 Class C Electricity undertakings
Permitted development C. Development by electricity undertakers for the generation, transmission, distribution and supply of electricity for the purposes of the undertaking consisting of— the laying underground of pipes, cables or any other apparatus, and the construction of shafts and tunnels reasonably necessary in connection with such pipes, cables or apparatus; the installation in an electric line of— feeder or service pillars; or sub-stations enclosed in a chamber not exceeding 40 cubic metres in capacity; or sub-stations enclosed in an underground chamber; the installation of service lines for individual consumers from an electric line; the addition or replacement of a single fibre optic telecommunications cable to an existing overhead line; the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes; the extension or alteration of buildings on operational land; the erection on operational land of the undertaking of a building solely for the protection of plant and machinery; any other development carried out in, on, over or under the operational land of the undertaking.
Development not permitted C.1 Development is not permitted by Class C if— in the case of any Class C(b) development involving the installation of a chamber for housing apparatus exceeding 40 cubic metres in capacity, that installation is carried out at or above ground level, or under a road used by vehicular traffic; in the case of Class C(c) development, the length of line exceeds 400 metres; in the case of any Class C(f) development— the height of the original building is exceeded; the cubic content of the original building is exceeded by more than 20%; the floor space of the original building is exceeded by more than 750 square metres; it materially affects the external appearance of the buildings concerned; the development is in a conservation area, an area of outstanding natural beauty or a National Park; in the case of any Class C(g) development, the building exceeds 15 metres in height; in the case of any Class C(h) development it consists of or includes— the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or the installation or erection by way of addition or replacement of any plant or machinery exceeding 18 metres in height or the height of any plant or machinery replaced, whichever is the greater; or the land is within a site of archaeological interest.
Conditions C.2 Development is permitted by Class C subject to the following conditions— in the case of any Class C(e) development, on completion of that development, or at the end of a period of 6 months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon and so far as practicable to its condition before the development took place; in the case of any Class C(g) development, approval from the council of details of the design and external appearance of the building shall be obtained before development is begun.
Class D Class D Gas undertakings
Permitted development D. Development by a gas undertaker required for the purposes of its undertaking consisting of— the laying underground of mains, pipes or other apparatus; the installation in a gas distribution system of apparatus for measuring, recording, controlling, or varying the pressure, flow or volume of gas, and structures for housing such apparatus; any other development carried out in, on, over, or under the operational land of the gas undertaking.
Development not permitted D.1 Development is not permitted by Class D if— in the case of Class D(b) development involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level, or under any road used by vehicular traffic; in the case of Class D(c) development— it consists of or includes the erection of a building, or the reconstruction or alteration of a building where its design or external appearance is materially affected; it involves the installation of any plant or machinery or structures or erections of the nature of plant or machinery, exceeding 15 metres in height, or capable without addition of being extended to a height exceeding 15 metres; or it consists of or includes the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater; the land is within a site of archaeological interest.
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[^f00025].
Class E Class E Road passenger transport undertakings
Permitted development E. Development required for the purposes of the undertaking consisting of— the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles; the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles; any other development on operational land of the undertaking.
Development not permitted E.1 Development is not permitted by Class E(c) if it consists of— the erection of a building or the reconstruction or alteration of a building where the design or external appearance would be materially altered; the installation or erection by way of addition or replacement of any plant or machinery which exceeds 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater; or the land is within a site of archaeological interest.
Class F 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 1995[^f00026]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 Development is not permitted by Class F if— it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected; or the land is within a site of archaeological interest.
Class G Class G Universal Service Provider
Permitted development G. Development required for the purposes of the universal service provider in connection with the provision of a universal postal service (within the meaning of the Postal Services Act 2000[^f00027]) consisting of— the installation of posting boxes or self service machines; the installation of universal postal service pouch-boxes; or any other development carried out in, on, over or under the operational land of the undertaking.
Development not permitted G.1 Development is not permitted by Class G if— it consists of or includes the erection of a building, or the reconstruction or alteration of a building where its design or external appearance is materially affected; it consists of or includes the installation or erection by way of addition or replacement of any plant or machinery which exceeds 15 metres in height or the height of any existing plant or machinery, whichever is the greater; the land is within an area of special scientific interest or a site of archaeological interest; or in the case of any Class G(b) development the universal postal service pouch-box is situated within a conservation area.
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[^f00028].
Class H Class H Water and sewerage undertakings
Permitted development H. Development by water or sewerage undertakers consisting of— development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus; development not above ground level required in connection with the supply and distribution of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge; development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse; the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation; for maintenance, improvement or repair of works for measuring the flow in any watercourse or channel; the installation in a water distribution system of a booster station, valve house, control kiosk, meter or switch-gear house; any works authorised under Article 141 (works under drought orders) or Articles 219 and 220 (pipe laying) of the Water and Sewerage Services (Northern Ireland) Order 2006[^f00029]; any other development in, on, over or under operational land, other than the provision of a building but including the extension or alteration of a building; the strapping of pipelines to bridges; or the erection, alteration or replacement in, on, over or under operational land of a building for the housing of equipment.
Development not permitted H.1 Development is not permitted by Class H if— in the case of any Class H(b) development, it would include the construction of a reservoir; in the case of any Class H(f) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a highway used by vehicular traffic; in the case of any Class H(h) development, it would consist of or include the extension or alteration of a building so that— its design or external appearance would be materially affected; the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or the floor space of the original building would be exceeded by more than 1000 square metres; in the case of any Class H(h) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater; the land is within a site of archaeological interest; or in the case of any Class H (j) development— the total floor space of any new building erected exceeds 30 square metres; any part of the development would be within 5 metres of the boundary of the curtilage of a dwellinghouse or flat; any part of the development would face onto a road; the development would lead to a reduction in the space available for the turning or manoeuvring of vehicles; any part of the development would exceed 4 metres in height; any part of the development is within an area of special scientific interest; or the development would be within the curtilage of a listed building unless listed building consent for the development has previously been granted.
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 15 — AVIATION DEVELOPMENT

Class A 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 Development is not permitted by Class A if it consists of or includes— the construction or extension of a runway; the construction of a passenger terminal; the extension or alteration of a passenger terminal, where the floor space of the building as existing on 1st August 1993 or, if built after that date, of the building as built, is exceeded by more than 15%; the erection of a building other than an operational building; the alteration or reconstruction of a building other than an operational building, where its design or external appearance is materially affected; or development within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.
Condition A.2 Development is permitted by Class A subject to the condition that the airport operator consults the council before carrying out any development unless the development— is urgently required for the efficient running of the airport; and consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.
Interpretation of Class A A.3 For the purposes of Class A— floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite; “operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport.
Class B 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 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 Development is not permitted by Class C if— any building erected is used for a purpose other than housing equipment used in connection with the provision of air traffic services; any building erected exceeds a height of 4 metres; it consists of the installation or erection of any radar or radio mast or antenna or other apparatus which exceeds 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater; the development is within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.
Class D 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 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 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 Development is not permitted by Class F if— any building erected is used for a purpose other than housing equipment used in connection with the provision of air traffic services; any building erected exceeds a height of 4 metres; it consists of the installation or erection of any radar or radio mast, antenna or other apparatus which exceeds 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater; the development is within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.
Class G 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 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 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[^f00030]; “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[^f00031].

PART 16 — MINERAL EXPLORATION

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.

PART 17 — DEVELOPMENT ANCILLARY TO MINING OPERATIONS

on land used as a mine.

PART 18 — DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS

Class A Class A 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—the construction, installation, alteration or replacement of any electronic communications apparatus and any associated hard standing or supporting structure;the use of land in an emergency for a period not exceeding 18 months to station and operate moveable electronic communications apparatus, required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; ordevelopment ancillary to equipment housing.
Development not permitted A.1 Development is not permitted by Class A if—it is to be carried out in a conservation area, an area of outstanding natural beauty, an area of special scientific interest or a National Park unless—it is an emergency;it involves the installation, alteration or replacement of any underground apparatus;it involves the installation, replacement or alteration of telegraph poles, the installation of new overhead lines on such poles or is ancillary to such development; orit is development which is permitted by virtue of A.1(d), A.1(f), A.1(l) or A.1(m);the land is within a site of archaeological interest or a World Heritage Site unless it involves the installation of new overhead lines supported by existing poles;it is within the curtilage of a listed building unless listed building consent for the development has previously been granted;it involves the replacement or alteration of an existing mast which is ground based or the installation of apparatus on such a mast which results in—an increase in the overall height of the original structure of—in the case of an existing mast which is 20 metres or less in height, more than 7 metres to a maximum height of 25 metres; orin the case of an existing mast which is more than 20 metres in height but less than 50 metres, more than 5 metres; orin the case of an existing mast which is more than 50 metres in height, more than 15% of the original height of the structure;an increase in the overall width of the structure (measured horizontally at the widest point of the original structure) of more than—one metre; orone third of the original width of the structure;whichever is the greater; ora change of location of more than 6 metres from the location of the existing mast;it involves the construction or installation of a ground based mast which is not a replacement of an existing ground based mast;in the case of the installation, alteration or replacement of equipment housing—the development is not ancillary to the use of any other electronic communications apparatus; orthe development would exceed 90 cubic metres or, if located on a roof of a building, the development would exceed 30 cubic metres;it involves the installation on a building or other structure (other than a ground based mast) of apparatus, other than equipment housing or an antenna system, which would result in such apparatus (taken together with any equipment housing on which such apparatus is mounted) exceeding—6 metres in height in the case of a building which is less than 15 metres in height; or8 metres in height in the case of a building which is more than 15 metres in height; or2 metres when measured horizontally at its widest point;it involves the alteration or replacement on a building or other structure (other than a ground based mast) of apparatus, other than equipment housing or an antenna system, which would result in that apparatus (taken together with any equipment housing on which such apparatus is mounted) exceeding—6 metres in height or if greater the current height of the apparatus which is being altered or replaced in the case of a building which is less than 15 metres in height; or8 metres in height or if greater the current height of the apparatus which is being altered or replaced in the case of a building which is more than 15 metres in height; or2 metres measured horizontally at its widest point or if greater the current horizontal measurement of the apparatus which is being altered or replaced;in the case of the installation of ground based apparatus, other than equipment housing or an antenna, the apparatus would exceed a height of 15 metres above ground level;in the case of the alteration or replacement of ground based apparatus already installed, other than equipment housing or an antenna, the apparatus would when altered or replaced exceed—the height of the existing apparatus; ora height of 15 metres above ground level;whichever is greater;in the case of the installation, alteration or replacement of any ground based apparatus other than—a mast;a public call box;any apparatus which does not project above the surface of the ground;equipment housing; orany kind of antenna;the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;in the case of the installation, alteration or replacement of any apparatus on a dwellinghouse or within the curtilage of a dwellinghouse that apparatus—is not a small antenna; orbeing a small antenna–would result in the presence on that dwellinghouse or within the curtilage of the dwellinghouse of more than two such antennas;is installed on a dwellinghouse so that the highest part of it would be higher than the highest part of the roof on which it would be installed; orwould face on to a road when installed on any part of a dwellinghouse in a conservation area;in the case of the installation, alteration or replacement of small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse the development would—result in the presence of more than eight small antennas on a building;result in the presence of more than two small antenna on a building in a conservation area; orface on to a road when installed on any part of a building in a conservation area;in the case of the installation, alteration or replacement of an antenna system on a building or other structure (excluding a ground based mast) where the development is to be located more than 15 metres above ground level—any individual antenna exceeds 6 metres in height or 1.3 metres when measured horizontally;the development would result in there being more than 5 antenna systems (other than small antennas) on the building or structure; orthe antenna system and its supporting apparatus exceeds 6 metres in height;in the case of the installation, alteration or replacement of an antenna system on a building or other structure (excluding a ground based mast) where the development is to be located fewer than 15 metres above ground level—any individual antenna exceeds 3 metres in height or 0.9 metres when measured horizontally;the development would result in there being more than 4 antenna systems (other than small antennas) on the building or structure; orthe antenna system and its supporting apparatus exceeds 6 metres in height;it involves the construction of an access track of more than 50 metres in length.
Conditions A.2 1Class A(a) and A(c) development is permitted subject to the condition that any apparatus constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.2Class A development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated as soon as reasonably practicable after it is no longer required for electronic communication purposes.3Class A(b) development is permitted subject to the condition that—aany apparatus or structure provided in accordance with that permission shall be removed from the land—iat the expiry of 18 months from the commencement of the use permitted; oriiwhen the need for that use ceases;whichever is the earlier; andbthe land is restored to its condition before the development took place.4In the case of Class A(a) development the developer shall, before commencing development consisting of the installation, alteration or replacement of a mast or antenna, give notice of the proposed development to any other person (other than the developer) who is an owner or occupier of the land to which the development relates—aby serving the appropriate notice to every such person whose name and address is known to him; orbwhere he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.5Class A.1(a)(iii) development is permitted subject to the condition that the developer shall—aexcept in a case of emergency give appropriate notice in writing to the council no fewer than 28 days before development is begun of the developer’s intention to carry out such development; orbin a case of emergency give appropriate notice of such development as soon as possible after the emergency begins.6Class A(a) and A(b) development consisting of the installation, alteration or replacement of one or more antennas is permitted subject to the condition that the developer shall—aexcept in a case of emergency give appropriate notice in writing to the council no fewer than 28 days before development is begun of the developer’s intention to carry out such development; orbin a case of emergency give appropriate notice of such development as soon as possible after the emergency begins.7The notice referred to in sub-paragraphs 6(a) and (b) shall be accompanied by a declaration that the proposed equipment and installation is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (1999/519/EC) (0Hz to 300 GHz).8In the case of Class A(a) and A(b) development consisting of—athe alteration of a ground based mast which would result in an increase in the height of the mast;bthe installation of apparatus on a building, other than equipment housing or an antenna system, which would result in the apparatus exceeding the height of the highest part of the existing building;cthe alteration or replacement of apparatus on a building, other than equipment housing or an antenna system, which would result in an increase in the height of the apparatus; ordthe replacement of a ground based mast;on land within a safeguarding area identified on a safeguarding map relating to an aerodrome, technical site, meteorological technical site or military explosives storage area is permitted subject to the condition that the developer shall give written notice—iin relation to a safeguarding map issued or approved by the Civil Aviation Authority, to the owner or operator of the aerodrome or technical site identified on the safeguarding map;iiin relation to a safeguarding map issued by the Secretary of State for Defence, to the Secretary of State for Defence; andiiiin relation to a safeguarding map issued by the Met Office, to the Met Office.9The notice referred to in sub-paragraph 8 must—ainclude—ia grid reference (to at least 6 figures each of Eastings and Northings) and the elevation height of the site (to an accuracy of 0.25 metres above Ordnance Datum); andiiwhere development is carried out in an emergency, the date development commenced or is to commence;bbe given—iat least 28 days before development is to commence; oriiwhere development is carried out in an emergency, as soon as possible after the emergency arises.
Interpretation of Part 18 A.3 For the purposes of Part 18—“antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;“appropriate notice” means a notice signed and dated by or on behalf of the developer and containing—the name of the developer;the address or location of the proposed development; anda description of the proposed development (including its siting and appearance and the height of any mast);“development ancillary to equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of equipment housing;“electronic communications apparatus” has the same meaning as in the electronic communication code;“electronic communications code” has the meaning assigned to it by section 106(1) of the Communications Act 2003;“ground based mast” means a mast constructed on the ground either directly or on a plinth or other structure constructed for the purpose of supporting the mast;“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;“small antenna” means an antenna which—operates on a point to multi-point or area basis in connection with an electronic communications service;may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;may include small-area wireless access points;does not, in any two dimensional measurement, have a surface area exceeding 5000 square centimetres; anddoes not have a volume exceeding 50,000 cubic centimetres;and any calculation for the purposes of paragraphs (iv) and (v) is to include any power supply unit or casing but excludes any mounting, fixing, bracket or other support structure;“small-area wireless access point” means low-power wireless network access equipment of a small size operating within a small range, using licenced radio spectrum or licence-exempt radio spectrum or a combination thereof, which may be used as part of a public electronic communications network, which may be equipped with one or more low visual impact antennae, and which allows wireless access by users to electronic communications networks regardless of the underlying network topology, be it mobile or fixed.

PART 19 — OTHER TELECOMMUNICATIONS DEVELOPMENT

Class A Class A 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 Development is not permitted by Class A if— the building is a dwellinghouse or the building or other structure is within the curtilage of a dwellinghouse; it would consist of development of a kind described in paragraph A of Part 18; it would result in the presence on the building or structure of more than four antennas; in the case of an antenna installed on a chimney, the length of the antenna would exceed 60 centimetres; in all other cases, the length of the antenna would exceed 130 centimetres; it would consist of the installation of an antenna with a cubic capacity in excess of 35 litres; the highest part of the antenna or its supporting structure would be more than 3 metres higher than the highest part of the building or structure on which it is installed or is to be installed; in the case of a building or structure situated within a designated area it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto and is visible from a road.
Conditions A.2 Development is permitted by Class A subject to the following conditions— an antenna shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is to be installed; an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as is reasonably practicable; 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 B Class B 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 Development is not permitted by Class B if— the building is a dwellinghouse or the building or other structure is within the curtilage of a dwellinghouse; it would consist of development of a kind described in paragraph A of Part 18; it would result in the presence on the building or structure of— more than two antennas; a single antenna exceeding 100 centimetres in length; two antennas which do not meet the relevant size criteria; an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres; an antenna installed on a chimney, where the antenna would protrude over the chimney; an antenna with a cubic capacity in excess of 35 litres; in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof; in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney stack, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower; in the case of a building or structure situated in a designated area, it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto and is visible from a road.
Conditions B.2 Development is permitted by Class B subject to the following conditions— an antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is to be installed; an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable.
Conditions B.3 The relevant size criteria for the purposes of paragraph B.1(c)(iii) are that— only one of the antennas may exceed 60 centimetres in length; and any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.
Conditions 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 20 — DEVELOPMENT AT AMUSEMENT PARKS

Class A Class A Class A
Permitted development A. Development on land used as an amusement park consisting of— the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.
Development not permitted A.1 Development is not permitted by Class A if— in the case of any plant or machinery installed, extended, altered or replaced pursuant to this permission, that plant or machinery exceeds a height of 15 metres or the height of the highest existing structure (whichever is the lesser); the land is within 3 kilometres of the perimeter of an airport; in the case of an extension to an existing building or structure, that building or structure as a result of the extension exceeds 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater; or in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.
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 21 — DEVELOPMENT REQUIRED UNDER THE ROADS (NORTHERN IRELAND) ORDER 1993

Class A Class A Class A
Permitted development A. Development required by a notice served under the following provisions of the Roads (Northern Ireland) Order 1993[^f00033]— Article 49 and Schedule 4; and Article 86(1).

PART 22 — CLOSED CIRCUIT TELEVISION CAMERAS

Class A Class A 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 Development is not permitted by Class A if— the building on which the camera would be installed, altered or replaced is a listed building, in a conservation area, or on a site of archaeological interest; the dimensions of the camera, including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level; any part of the camera would, when installed, altered or replaced, protrude from the surface of the building by more than 1 metre when measured from the surface of the building; any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building at a point which is more than 1 metre from any other point of contact; any part of the camera would be less than 10 metres from any part of another camera installed on a building; the development would result in the presence of more than four cameras on the same side of the building; or the development would result in the presence of more than 16 cameras on the building.
Conditions A.2 Development is permitted by Class A subject to the following conditions— the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is situated; the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes.
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 23 — DEVELOPMENT BY THE DEPARTMENT FOR REGIONAL DEVELOPMENT – ROADS UNDERTAKINGS

Class A Class A Class A
Permitted development A. The carrying out by or on behalf of the Department for Regional Development— on land within the boundaries of a road, of any works required for the maintenance or improvement of the road; or on land outside but adjoining the boundary of an existing road, of works required for or incidental to the maintenance or improvement of the road.
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[^f00034]; “maintenance” means the maintenance of roads under Articles 8 to 12 of that Order.
Class B Class B 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 Class C 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 Development is not permitted by Class C if— it is to be carried out in a conservation area or on a site of archaeological interest unless it involves the installation, alteration or replacement of a camera on an existing structure; the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level; or the development would result in the presence of more than four cameras on the structure.
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 24 — DEVELOPMENT BY THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

Class A Class A 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 Development is not permitted by Class A if it would consist of or include— the erection, construction, extension or alteration of a building and that building so constructed or altered would exceed 5 metres in height or 50 cubic metres in capacity; or the installation, erection, improvement or other alteration of any plant or machinery and that plant or machinery so installed or altered would exceed 15 metres in height or the height of anything it replaces, whichever is the greater.
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[^f00035].
Class B Class B 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) 2006[^f00036].

PART 25 — DEVELOPMENT BY THE DEPARTMENT OF CULTURE, ARTS AND LEISURE

Class A Class A Class A
Permitted development A. Development by or on behalf of the Department of Culture, Arts and Leisure consisting of— development in, on or under any waterway or canal works and required in connection with the improvement, maintenance or repair of that waterway or those works; the provision of a building, plant, machinery or apparatus in, on, under or over land for the purpose of survey or investigation; the use of any land in respect of waterways or canal works for the spreading of any dredged material; or any other development in, on, over or under operational land, other than the provision of a building but including the extension or alteration of a building.
Development not permitted A.1 Development is not permitted by Class A if— in the case of Class A(d) development, it would consist of or include the extension or alteration of a building so that— its design or external appearance would be materially affected; the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or the floor space of the original building would be exceeded by more than 1000 square metres; or in the case of any Class A(d) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.
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[^f00037]; “waterway” has the meaning assigned to it by Article 2 (interpretation) of that Order[^f00038].
Class B Class B 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) 2006.
Class C Class C Class C
Permitted development C. Development by or on behalf of the Department of Culture, Arts and Leisure consisting of development in, on or under any inland waters for the purposes of its functions under the Fisheries (Northern Ireland) Act 1966[^f00039]and required in connection with— the improvement, maintenance or repair of that inland water; or the development and improvement of facilities for angling.
Development not permitted C.1 Development is not permitted by Class C(a) if it consists of— the erection or construction of a pier, jetty or quay; or the erection or construction of a building.
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 26 — DEVELOPMENT BY THE DEPARTMENT

Class A Class A Class A
Permitted development A. Development by or on behalf of the Department consisting of— the maintenance, repair or restoration of any historic monument; the erection of screens, fences or covers designed or intended to protect or safeguard any historic monument; or the carrying out of works to stabilise ground conditions by any cliff, watercourse or the coastline, where such works are required for the purposes of securing the preservation of any historic monument.
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[^f00040]; “monument” has the meaning assigned to it by Article 2(6) of that Order.
Class B Class B 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 Development is not permitted by Class B if— it is to be carried out in a conservation area or a site of archaeological interest unless it involves the installation, alteration or replacement of a camera on an existing structure; the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level; any part of the camera would, when installed, altered or replaced, exceed the height of any existing camera or a height of 15 metres above ground level, whichever is the greater; or the development would result in the presence of more than four cameras on the structure.
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 27 — DEVELOPMENT FOR THE PURPOSES OF SECURITY AT PRISONS, JUVENILE JUSTICE CENTRES OR YOUNG OFFENDERS CENTRES

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 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 Class B 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 Development is not permitted by Class B if— the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; or the uniform level of lighting provided exceeds 10 lux measured at ground level.
Conditions B.2 Development is permitted by Class B subject to the following conditions— the camera shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed; the camera shall be removed as soon as reasonably practicable after it is no longer required for the purposes of security.
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[^f00041]; “prison” has the meaning assigned to it by section 47 of the Prison Act (Northern Ireland) 1953[^f00042]; “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[^f00043].

PART 28 — DEVELOPMENT BY THE CROWN

Class A Class A Class A
Permitted development A. The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of— any small ancillary building, works or equipment on Crown land and required for operational purposes; or lamp standards, information kiosks, public shelters and seats, telephone boxes, fire alarms, electric car charging points, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles, and similar structures or works required in connection with the operational purposes of the Crown.
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 Class B 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 Development is not permitted by Class B if— the building as extended or altered is to be used for purposes other than those of— the Crown; or the provision of employee facilities; the height of the building as extended or altered would exceed the height of the original building; the cubic content of the original building would be exceeded by more than— 10% in respect of development in a conservation area, an area of outstanding natural beauty or a National Park; or 25% in any other case; the floor space of the original building would be exceeded by more than— 500 square metres in respect of development in a conservation area, an area of outstanding natural beauty or a National Park; or 1000 square metres in any other case; the external appearance of the original building would be materially affected; any part of the development would be carried out within 5 metres of any boundary of the curtilage of the original building; any part of the development would be carried out within any boundary of the curtilage of the original building which adjoins the curtilage of any dwellinghouse or flat; or the development would lead to a reduction in the space available for the parking or turning of vehicles.
Interpretation of Class B B.2 For the purposes of Class B— the erection of any additional building within the curtilage of another building (whether by virtue of Class B or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building; 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 Crown, including crèche facilities provided for the children of such employees.
Class C Class C Class C
Permitted development C. Development carried out on operational Crown land for operational purposes consisting of— the installation of additional or replacement 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 C.1 Development described in Class C(a) is not permitted if— it would materially affect the external appearance of the premises of the undertaking concerned; or any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.
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 Class D 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 29 — AVIATION DEVELOPMENT BY THE CROWN

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.