LegalizeThe Planning (General Permitted Development) Order (Northern Ireland) 2015
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The carrying out on operational Crown land by or on behalf of the Crown of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase. |
| Development not permitted | A.1 | 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 a building as existing at 10th June 2006 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; or the alteration or reconstruction of a building other than an operational building, where its design or external appearance is materially affected. |
| Condition | A.2 | Development is permitted by Class A subject to the condition that the relevant airbase operator consults the council before carrying out any development unless the development— is urgently required for the efficient running of the airbase; 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 of any pier or satellite; “operational building” means an operational Crown 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, military or civilian personnel, goods, military equipment, munitions and other items. |
| Class B | Class B | Class B |
| Permitted development | B. | The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
| Class C | Class C | Class C |
| Permitted development | C. | The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
| Development not permitted | C.1 | 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; or 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. |
| Class D | Class D | Class D |
| Permitted development | D. | The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services. |
| Development not permitted | D.1 | Development is not permitted by Class D 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; or 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. |
| Class E | Class E | Class E |
| Permitted development | E. | The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services. |
| Condition | E.1 | Development is permitted by Class E subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
| Class F | Class F | Class F |
| Permitted development | F. | The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on land for the purpose of that use. |
| Condition | F.1 | Development is permitted by Class F subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
| Class G | Class G | Class G |
| Permitted development | G. | The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations. |
| Condition | G.1 | Development is permitted by Class G subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the council and the developer. |
| Class H | Class H | Class H |
| Permitted development | H. | The use of buildings by or on behalf of the Crown within the perimeter of an airbase undertaking for purposes connected with air transport services or other flying activities at that airbase. |
| Interpretation of Part 29 | I. | For the purposes of Part 29— “airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of Article 255 of the Air Navigation Order 2009[^f00044]; “air traffic services” has the same meaning as in section 98 of the Transport Act 2000[^f00045]. |
PART 30 — CROWN RAILWAYS, DOCKYARDS ETC. AND LIGHTHOUSES
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail. |
| Development not permitted | A.1 | Development is not permitted by Class A if it consists of or includes— the construction of a railway; the construction or erection of a hotel, railway station or bridge; 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; or the land is within a site of archaeological interest. |
| Interpretation of Class A | A.2 | For the purposes of Class A references to the construction or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected. |
| Class B | Class B | Class B |
| Permitted development | B. | Development on operational Crown land by or on behalf of the Crown or its lessees, required— for the purposes of shipping; or in connection with the embarking. disembarking, loading, discharge or transport of military personnel, military equipment, munitions, and other items at a dock, pier, pontoon or harbour. |
| 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; or the land is within a site of archaeological interest. |
| Interpretation of Class B | B.2 | For the purposes of Class B references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected. |
| Class C | Class C | Class C |
| Permitted development | C. | The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking. |
| Class D | Class D | Class D |
| Permitted development | D. | Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of— the use of land as a lighthouse, with all the requisite works, roads and appurtenances; the extension of, alteration or removal of a lighthouse; or the erection, placing, alteration or removal of a buoy or beacon. |
| Development not permitted | D.1 | Development is not permitted by Class D 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. |
| Interpretation of Class D | D.2 | For the purposes of Class D— “buoys and beacons” include all other marks and signs of the sea; “lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signal. |
PART 31 — EMERGENCY DEVELOPMENT BY THE CROWN
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | Development on Crown land by or on behalf of the Crown for the purposes of— preventing an emergency; reducing, controlling or mitigating the effects of an emergency; or taking other action in connection with an emergency. |
| Conditions | A.1 | Development is permitted by Class A subject to the following conditions— the developer shall, as soon as is practicable after commencing development permitted by Class A, notify the council of that development; and on or before the expiry of six months beginning with the date on which the development began— the use shall cease and any buildings, plant, machinery, structures and erections permitted by Class A shall be removed; and the land shall be restored so far as is practicable to its condition before the development took place or to such other state as may be agreed in writing between the council and the developer. |
| Interpretation of Part 31 | A.2 | 1 For the purposes of Part 31 “emergency” means an event or situation which threatens serious damage to— a human welfare in a place in the United Kingdom; b the environment of a place in the United Kingdom; or c the security of the United Kingdom. 2 For the purposes of paragraph 1(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause— a loss of human life; b human illness or injury; c homelessness; d damage to property; e disruption of a supply of money, food, water, energy or fuel; f disruption of a system of communication; g disruption of facilities for transport; or h disruption of services relating to health. 3 For the purposes of paragraph 1(b) an event or situation threatens damage to the environment only if it involves, causes or may cause— a contamination of land, water or air with biological, chemical or radio-active matter; or b disruption or destruction of plant life or animal life. |
PART 32 — DEVELOPMENT FOR NATIONAL SECURITY PURPOSES
| 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 by or on behalf of the Crown on Crown land for national security purposes. |
| Development not permitted | A.1 | Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level. |
| Class B | Class B | Class B |
| Permitted development | B. | The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting on a building or any other structure for national security purposes. |
| Development not permitted | B.1 | 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 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 national security purposes. |
| Interpretation of Class B | B.3 | For the purposes of Class B— “camera”, except in paragraph B.1(a), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the building or structure to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; “structure” means any pole, mast, tower or lamp standard. |
| Class C | Class C | Class C |
| Permitted development | C. | Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land consisting of— the installation, alteration or replacement of any electronic communications apparatus; the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or development ancillary to radio equipment housing. |
| Development not permitted | C.1 | Development is not permitted by Class C(a) if— it involves the installation of a mast which is not a replacement of an existing mast; it involves the installation of an antenna which is not a replacement antenna, other than as provided for by C.3; in the case of the alteration or replacement of apparatus already installed (other than on a building), the apparatus, excluding any antenna, would, when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater; in the case of the alteration or replacement of apparatus on a building, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or— 15 metres, where it is installed or is to be installed, on a building which is 30 metres or more in height; or 10 metres in any other case; whichever is the greater; in the case of the alteration or replacement of apparatus on a building, the highest part of the apparatus, when altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or— 10 metres, where it is installed or is to be installed, on a building which is 30 metres or more in height; 8 metres in the case of a building which is more than 15 metres but less than 30 metres in height; or 6 metres in any other case; whichever is the greater; in the case of the alteration or replacement of apparatus (other than an antenna) on a mast and the apparatus supported by it would, when the apparatus was altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs C.1(c), (d) or (e), and for the purposes of applying the limit specified in sub-paragraph (d), the words “(taken by itself)” shall be disregarded; in the case of the installation, alteration or replacement of any apparatus other than— a mast; an antenna; 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 the ground or base area of the existing structure or 1.5 metres, whichever is the greater; in the case of the alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height— the antenna is to be located on a wall or roof slope facing a road which is within 20 metres of the building on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater; in the case of the alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building, where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater; 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; or the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres. |
| Development not permitted | C.2 | Development consisting of the installation of apparatus is not permitted by Class C(a) in a conservation area, an area of outstanding natural beauty or a National Park unless— the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communications apparatus; the existing apparatus was installed on the site on or before the relevant day; and the site was Crown land on the relevant day. |
| Development not permitted | C.3 | 1 Subject to paragraph (2), development is not permitted by Class C(a) if it will result in the installation of more than one item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day. 2 In addition to the original apparatus which may be installed on a site by virtue of Class C(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed. 3 In paragraph (2), “small apparatus” means— a a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height; b an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height; c a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter; d a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height; e an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height; f equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres. |
| Conditions | C.4 | 1 Class C(a) and Class C(c) development is permitted subject to the condition that any antenna or supporting apparatus, equipment housing or development ancillary to equipment housing 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. 2 Class C(a) development consisting of the installation of any additional apparatus in a conservation area, an area of outstanding natural beauty or a National Park is permitted subject to the condition that the apparatus shall be installed as close as reasonably practicable to any existing apparatus. 3 Class C(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land at the expiry of the relevant period and the land restored to its condition before the development took place. 4 Class C development— a in a conservation area, an area of outstanding natural beauty, a National Park, or Area of Special Scientific Interest; or b on any other land and consisting of the alteration or replacement of a mast; or the installation, alteration or replacement of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to equipment housing, is permitted subject, except in an emergency, to the conditions set out in C.5. |
| Conditions | C.5 | 1 The developer shall, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or occupier of the land to which the development relates— a by serving the appropriate notice to every such person whose name and address is known to the developer; b where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement. |
| Conditions | C.6 | 1 Class C(b) or Class C.3 development consisting of the installation 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 300GHz). |
| Interpretation of Class C | C.7 | For the purposes of Class C— “appropriate notice” means a notice signed and dated by or on behalf of the developer and containing— 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); “development ancillary to equipment housing” means the construction, installation, alteration or replacement of structures, equipment or other means of access which are ancillary to and reasonably required for the purposes of the equipment housing; “electronic communications apparatus” has the same meaning as in the electronic communications code; “electronic communications code” has the meaning assigned to it by section 106(1) of the Communications Act 2003[^f00046] “local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development is situated; “mast” means a structure erected by or on behalf of the developer for the support or housing of one or more antennas including a radio mast, radio tower, pole or other structure; “relevant day” means— 10th June 2006; or where existing apparatus is installed pursuant to planning permission granted on or after 10th June 2006, the date when that apparatus is finally installed pursuant to that permission; whichever is later; “relevant period” means a period which expires— 6 months from the commencement of the construction, installation, alteration or replacement of any apparatus permitted by Class C(a) or Class C(c) or from the commencement of the use permitted by Class C(b), as the case may be; or when the need for such apparatus, structure or use ceases; whichever occurs first. |
PART 33 — DEMOLITION OF BUILDINGS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | Any building operation consisting of the demolition of a building. |
| Development not permitted | A.1 | Development is not permitted by Class A if the building is in an area of townscape character or an area of village character except any such building— the demolition of which is required or permitted to be carried out under any statutory provision; the demolition of which is required to be carried out by virtue of an obligation arising under an agreement made under section 76 of the 2011 Act; or included in a vesting order under Article 48 or 87 of the Housing (Northern Ireland) Order 1981[^f00047]. |
| Interpretation of Part 33 | A.2 | For the purposes of Part 33— “area of townscape character” means— an area designated as such in a departmental development plan or in a local development plan prepared under Part 2 of the 2011 Act or a draft of such a plan; or any other area described as such in a direction under section 23(3)(f) and (g) of that Act; “area of village character” means an area designated as such in a departmental development plan or in a local development plan prepared under Part 2 of the 2011 Act or a draft of such a plan; “departmental development plan” has the same meaning as in the Schedule to the Planning (Local Development Plan) Regulations (Northern Ireland) 2015[^f00048]. |
PART 34 — SHOPS, FINANCIAL AND PROFESSIONAL SERVICES ESTABLISHMENTS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The extension or alteration of a shop or financial or professional services establishment. |
| Development not permitted | A.1 | Development is not permitted by Class A if— the floor space of the original building would be exceeded by more than— 25%; or 50 square metres; whichever is the lesser; the height of the building as extended would exceed 5 metres; any part of the development, other than an alteration, would be within 2 metres of any boundary of the curtilage of the premises; the development would consist of or include the construction or provision of a veranda, balcony or raised platform; the development would lead to a reduction in the space available for the parking or turning of vehicles; the development would be within the curtilage of a listed building unless listed building consent has previously been granted; any extension or alteration would be in a conservation area, a World Heritage Site, an area of special scientific interest or a site of archaeological interest; any part of the development would extend beyond an existing shop front; or the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front. |
| Conditions | A.2 | Development is permitted by Class A subject to the following conditions— any alteration shall be at ground floor level only; any extension shall be constructed using materials which have a similar external appearance to those used for the building being extended; and any extension or alteration shall only be used as part of, or for a purpose incidental to the use of the shop or financial or professional services establishment. |
| Interpretation of Class A | A.3 | For the purposes of 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; “raised platform” means a platform with a height greater than 0.3 metres above ground level; “shop or financial or professional services establishment” means a building, or part of a building, used for any purposes within Classes A1 or A2 of the Schedule to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended. |
| Class B | Class B | Class B |
| Permitted development | B. | The erection or construction of a trolley store within the curtilage of a shop. |
| Development not permitted | B.1 | Development is not permitted by Class B if— the floor space of the building or enclosure erected would exceed 20 square metres; any part of the development would be within 20 metres of any curtilage of any dwellinghouse or flat; the height of the building or enclosure would exceed 2.5 metres; the development would be within the curtilage of a listed building unless listed building consent has previously been granted; the development would be in a conservation area, a World Heritage Site, an area of special scientific interest or a site of archaeological interest; or the development would be between a shop front and a road where the distance between the shop front and the boundary of the curtilage of the premises is less than 5 metres. |
| Conditions | B.2 | Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys. |
| Interpretation of Class B | B.3 | For the purposes of Class B— “shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and “trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys. |
| Class C | Class C | Class C |
| Permitted development | C. | Development consisting of— the provision of a hard surface within the curtilage of a shop, financial or professional services establishment; or the replacement in whole or in part of such a surface. |
| Development not permitted | C.1 | Development is not permitted by Class C if— the cumulative area of ground covered by a hard surface within the curtilage of the premises (other than hard surfaces already existing on 19th September 2012) would exceed 50 square metres; 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 by 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 undertaking. |
| Interpretation of Class C | C.3 | For the purposes of Class C “shop or financial or professional services establishment” means a building, or part of a building, used for any purposes within Classes A1 or A2 of the Schedule to the Use Classes Order. |
PART 35 — OFFICE BUILDINGS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The extension or alteration of an office building. |
| Development not permitted | A.1 | Development is not permitted by Class A if— the floor space of the original building would be exceeded by more than— 25%; or 50 square metres; whichever is the lesser; 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; any part of the development, other than an alteration, would be within 5 metres of any boundary of the curtilage of the premises; any part of the development would face onto a road; the development would consist of or include the construction or provision of a veranda, balcony or raised platform; the development would lead to a reduction in the space available for the parking or turning of vehicles; the development would be within the curtilage of a listed building unless listed building consent has previously been granted; or any extension or alteration would be in a conservation area, a World Heritage Site, an area of special scientific interest or a site of archaeological interest. |
| Conditions | A.2 | Development is permitted by Class A subject to the following conditions— any alteration shall be at ground floor level only; any extension shall be constructed using materials which have a similar external appearance to those used for the building being extended; and any office building as extended or altered shall only be used as part of, or for a purpose incidental to the use of that office building. |
| Interpretation of Class A | A.3 | For the purposes of 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; “office building” means a building used for any purpose within Class B1 of the Schedule to the Use Classes Order; “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 consisting of— the provision of a hard surface within the curtilage of an office building to be used for the purposes of the office concerned; or the replacement in whole or in part of such a surface. |
| Development not permitted | B.1 | Development is not permitted by Class B if— the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 19th September 2012) would exceed 50 square metres; the development would be within the curtilage of a listed building unless listed building consent has previously been granted. |
| Conditions | B.2 | Development is permitted by Class B 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 that office building. |
| Interpretation of Class B | B.3 | For the purposes of Class B “office building” means a building used for any purpose within Class B1 of the Schedule to the Use Classes Order. |
PART 36 — SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS
| Class A | Class A | Class A |
|---|---|---|
| Permitted development | A. | The erection, extension or alteration of a school, college, university or hospital building. |
| Development not permitted | A.1 | Development is not permitted by Class A if— the cumulative floor space of any buildings erected, extended or altered would exceed— 25% of the floor space of the original school, college, university or hospital buildings; or 100 square metres; whichever is the lesser; 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; as a result of the development any land used as a playing field at any time in the five years before the development commenced and remaining in use could no longer be so used; the height of any new building erected would exceed 5 metres; any part of the development would face onto a road; 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 development would be within the curtilage of a listed building unless listed building consent has previously been granted; 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 would consist of or include the construction or provision of a veranda, balcony or raised platform; any part of the development would be in a conservation area, a World Heritage Site, an area of special scientific interest or a site of archaeological interest; or unless— in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education; in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services. |
| Conditions | A.2 | Development is permitted by Class A subject to the following conditions— the development must be within the curtilage of an existing school, college, university or hospital; the development shall only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital; any new building erected shall be constructed using materials which have a similar external appearance to those used for the existing school, college, university or hospital; and any extension or alteration shall be constructed using materials which have a similar external appearance to those used for the building being extended or altered. |
| Interpretation of Class A | A.3 | For the purposes of Class A— where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; “original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A; “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 consisting of— the provision of a hard surface within the curtilage of any school, college, university or hospital to be used for the purposes of that school, college, university or hospital; or the replacement in whole or in part of such a surface. |
| Development not permitted | B.1 | Development is not permitted by Class B if— the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 19th September 2012) would exceed 50 square metres; as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in use could no longer be so used; or the development would be within the curtilage of a listed building unless listed building consent has previously been granted. |
| Conditions | B.2 | Development is permitted by Class B 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 institution. |
PART 37 — INSTALLATION OF NON 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 a building other than a dwellinghouse or block of flats. |
| 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 be installed on a wall within 3 metres of the boundary of the curtilage of the building and exceeding 4 metres in height extends more than 20 centimetres beyond the wall; any part of the solar PV or solar thermal equipment would be installed on a flat roof where the highest part of the solar PV or solar thermal equipment would be higher than 2 metres above the highest part of the roof (excluding any chimney); any part of the solar PV or solar thermal equipment would be installed on a flat roof and be within 2 metres of the external edge of that roof; any part of the solar PV or solar thermal equipment would extend beyond the edge of the existing roof slope or wall; any part of the solar PV or solar thermal equipment would exceed the height of the existing ridged roof; in the case of a conservation area or World Heritage Site the solar PV or solar thermal equipment would be installed on a wall or roof slope which faces onto and is 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 | A.2 | Development is permitted by Class A subject to the following conditions— solar PV or solar thermal equipment must so far as practicable be sited so as to minimise its effect on the external appearance of the building; solar PV or solar thermal equipment must so far as practicable be sited so as to minimise its effect on the amenity of the area; and solar PV or solar thermal equipment no longer needed for microgeneration must 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 stand alone solar within the curtilage of a building other than a dwellinghouse or block of flats. |
| Development not permitted | Development not permitted | B.1 | Development is not permitted by Class B if — any part of the stand alone solar— would exceed 2 metres in height; would be installed within 5 metres of the boundary of the curtilage of the building; or would be installed in an area of special scientific interest or a site of archaeological interest; the area of the stand alone solar would exceed 30 square metres; in the case of a conservation area or World Heritage Site the stand alone solar would face onto and be visible from a road; or the stand alone solar would be 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— stand alone solar must so far as practicable be sited so as to minimise its effect on the amenity of the area; and stand alone solar which is no longer needed for microgeneration must 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 a ground or water source heat pump within the curtilage of a building other than a dwellinghouse or block of flats. |
| Development not permitted | Development not permitted | C.1 | Development is not permitted by Class C if— the surface area of land under which the installation, alteration or replacement of any underground pipes (together with any other such pipes) is to be carried out would exceed 0.5 hectares; any above ground element of the heat pump or its housing would be within 5 metres of the boundary of the curtilage of the building; any above ground element of the heat pump or its housing would be nearer to a road which bounds the curtilage than the part of the building nearest to that road; any above ground element of the heat pump or its housing would exceed 3 metres in height; the floor space of any above ground element of the heat pump or its housing would exceed— 10 square metres for buildings with an existing maximum floor space of 1000 square metres; or 75 square metres in all other cases; 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 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 surface of the land on which any works have been carried out to install, alter or replace the underground pipes required in connection with a ground or water source heat pump must be restored as soon as practicable after the development is completed; and a ground or water source heat pump which is no longer needed for microgeneration must be removed as soon as reasonably practicable and the land shall as far as reasonably practicable be restored to its previous condition. |
| Class D | Class D | Class D | Class D |
| Permitted development | Permitted development | D. | The erection, extension or alteration of a boiler house forming part of a biomass heating system, or a combined heat and power system within the curtilage of a building other than a dwellinghouse or block of flats. |
| Development not permitted | Development not permitted | D.1 | Development is not permitted by Class D if— the development would result in the presence within the curtilage of more than one extension or new building containing a biomass or combined heat and power boiler; the ground area to be covered by any building or structure erected or any building or structure as extended or altered would exceed— 15 square metres for buildings with an existing maximum floor space of 1000 square metres; or 75 square metres in all other cases; any part of the development would be within 5 metres of the boundary of the curtilage of the building; any part of the development would be nearer to a road which bounds the curtilage than the part of the building nearest to that road; the height of any part of the building or structure (excluding any flue) would exceed 3.6 metres; the height of any flue associated with the erection, extension or alteration of a boiler house would exceed the highest part of the roof by more than 1 metre; the development would lead to a reduction in the space available for the parking or turning of vehicles; any part of the development would be within 75 metres of any curtilage of a dwellinghouse or flat (other than a dwellinghouse or flat of any person engaged in operations associated with the use of the boiler house); the development would be within an area of special scientific interest or a site of archaeological interest; or the development would be within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Class E | Class E | Class E | Class E |
| Permitted development | Permitted development | E. | The erection or provision of a container for the storage of biomass fuel within the curtilage of a building other than a dwellinghouse or block of flats. |
| Development not permitted | Development not permitted | E.1 | Development is not permitted by Class E if— the development would result in the presence within the curtilage of the building of more than one extension or new building containing a biomass fuel store; the ground area to be covered by any building or structure erected or any building or structure as extended or altered would exceed— 15 square metres for buildings with an existing maximum floor space of 1000 square metres; or 75 square metres in all other cases; any part of the development would be within 5 metres of the boundary of the curtilage of the building; any part of the development would be nearer to a road which bounds the curtilage of the building than the part of the building nearest to that road; the height of any part of the building or structure would exceed 3.6 metres; the development would lead to a reduction in the space available for the parking or turning of vehicles; the development would be within an area of special scientific interest or a site of archaeological interest; or the development would be within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Interpretation of Part 37 | F. | F. | For the purposes of Part 37— “block of flats” means a building which consists wholly of flats; “solar PV” means solar photovoltaics; “stand alone solar” means solar PV or solar thermal equipment which is not installed on a building. |
Signed
Sealed with the Official Seal of the Department of the Environment on 25th February 2015.
Angus Kerr — A senior officer of the — Department of the Environment
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: 2011 c.25 (N.I.)
[^f00002]: S.I. 1994/426 (N.I.1)
[^f00003]: S.I. 1985/170 (N.I.1)
[^f00004]: S.I. 2002/3153 (N.I.7)
[^f00005]: S.I. 1985/1204 (N.I.11)
[^f00006]: 1963 c.17 (N.I.1) as amended by 2011 c.12 (N.I.)
[^f00007]: S.I. 1993/3160 (N.I.15)
[^f00008]: S.R. 2015 No.74
[^f00009]: 2001 c.9 (N.I.) as amended by 2003 c.21
[^f00010]: S.R. 2015 No.61
[^f00011]: 1965 c.20 (N.I.) as amended by S.R.& O. (N.I.) 1973 No.211; S.I. 1978/1039 (N.I.9) Articles 51, 56(2), Schedules 5 and 7; S.R. 1979 No.246, S.I. 1990/246 (N.I.2) Article 19(1) and Schedule 4; S.I. 1991/194 (N.I.1) Article 32; S.R. 1991 No.105; S.R. 1996 No.512; 2009 c.1 (N.I.) sections 32 and 34(3) and Schedule 6 paragraph 13(11) and S.R. 2009 No.114
[^f00012]: S.I. 1981/154 (N.I.1)
[^f00013]: S.I. 1995 No.1625 (N.I.9)
[^f00014]: S.I. 1993/3160 (N.I.15)
[^f00015]: S.R. 2015 No.40
[^f00016]: See Command Paper 9424
[^f00017]: S.R. 1995 No.380
[^f00018]: S.R.1993 No.278
[^f00019]: S.I. 1980/1086 (N.I.12)
[^f00020]: S.I. 1992/3204 (N.I.20)
[^f00021]: 2001 c.8 (N.I.)
[^f00022]: 1963 c.17 (N.I.) as amended by 2011 c.12 (N.I.)
[^f00023]: 1949 c.2 (N.I.)
[^f00024]: 2003 c.21
[^f00025]: S.I. 1996/275 (N.I.2) as amended by S.R. 2011 No.155 and S.R. 2013 No.92
[^f00026]: 1995 c.21
[^f00027]: 2000 c.26
[^f00028]: 2011 c.5
[^f00029]: S.I. 2006/3336 (N.I.21)
[^f00030]: 2000 c.38
[^f00031]: S.I. 1994/426 (N.I.1)
[^f00032]: 2003 c.21
[^f00033]: S.I. 1993/3160 (N.I.15)
[^f00034]: S.I. 1993/3160 (N.I.15) as amended by S.I. 1997/276 (N.I.2) and 2003 c.21
[^f00035]: S.I. 1973/69 (N.I.1)
[^f00036]: S.R. 2006 No.34
[^f00037]: S.I. 1999/662 (N.I.6)
[^f00038]: the definition of “waterway” was amended by S.I. 2006/3336 (N.I.21) Art. 291(5)
[^f00039]: 1966 c.17 (N.I.) as amended by S.I. 1991/1466 (N.I.13)
[^f00040]: S.I. 1995/1625 (N.I.9)
[^f00041]: S.I. 1998/1504 (N.I 9)
[^f00042]: 1953 c.18 (N.I.) as amended by S.I. 1989/1344 (N.I.15) and S.I. 1998/1504 (N.I.9)
[^f00043]: 1968 c.29 (N.I.) as amended by S.I. 1989/1344 (N.I.15)
[^f00044]: S.I. 2009/3015
[^f00045]: 2000 c.38
[^f00046]: 2003 c.21
[^f00047]: S.I. 1981/156 (N.I.3)
[^f00048]: S.R. 2015 No.62
Editorial notes
[^c22384171]: 2011 c.25 (N.I.)
[^c22384181]: S.I. 1994/426 (N.I.1)
[^c22384191]: S.I. 1985/170 (N.I.1)
[^c22384201]: S.I. 2002/3153 (N.I.7)
[^c22384211]: S.I. 1985/1204 (N.I.11)
[^c22384221]: 1963 c.17 (N.I.1) as amended by 2011 c.12 (N.I.)
[^c22384231]: S.I. 1993/3160 (N.I.15)
[^c22384241]: S.R. 2015 No.74
[^c22384251]: 2001 c.9 (N.I.) as amended by 2003 c.21
[^c22384261]: S.R. 2015 No.61
[^c22384271]: 1965 c.20 (N.I.) as amended by S.R.& O. (N.I.) 1973 No.211; S.I. 1978/1039 (N.I.9) Articles 51, 56(2), Schedules 5 and 7; S.R. 1979 No.246, S.I. 1990/246 (N.I.2) Article 19(1) and Schedule 4; S.I. 1991/194 (N.I.1) Article 32; S.R. 1991 No.105; S.R. 1996 No.512; 2009 c.1 (N.I.) sections 32 and 34(3) and Schedule 6 paragraph 13(11) and S.R. 2009 No.114
[^c22384281]: S.I. 1981/154 (N.I.1)
[^c22384301]: S.I. 1993/3160 (N.I.15)
[^c22384311]: S.R. 2015 No.40
[^c22384321]: See Command Paper 9424
[^c22384331]: S.R. 1995 No.380
[^c22384341]: S.R.1993 No.278
[^c22384351]: S.I. 1980/1086 (N.I.12)
[^c22384361]: S.I. 1992/3204 (N.I.20)
[^c22384371]: 2001 c.8 (N.I.)
[^c22384381]: 1963 c.17 (N.I.) as amended by 2011 c.12 (N.I.)
[^c22384391]: 1949 c.2 (N.I.)
[^c22384401]: 2003 c.21
[^c22384411]: S.I. 1996/275 (N.I.2) as amended by S.R. 2011 No.155 and S.R. 2013 No.92
[^c22384421]: 1995 c.21
[^c22384431]: 2000 c.26
[^c22384441]: 2011 c.5
[^c22384451]: S.I. 2006/3336 (N.I.21)
[^c22384461]: 2000 c.38
[^c22384471]: S.I. 1994/426 (N.I.1)
[^c22384491]: S.I. 1993/3160 (N.I.15)
[^c22384501]: S.I. 1993/3160 (N.I.15) as amended by S.I. 1997/276 (N.I.2) and 2003 c.21
[^c22384511]: S.I. 1973/69 (N.I.1)
[^c22384521]: S.R. 2006 No.34
[^c22384531]: S.I. 1999/662 (N.I.6)
[^c22384541]: the definition of “waterway” was amended by S.I. 2006/3336 (N.I.21) Art. 291(5)
[^c22384551]: 1966 c.17 (N.I.) as amended by S.I. 1991/1466 (N.I.13)
[^c22384561]: S.I. 1995/1625 (N.I.9)
[^c22384571]: S.I. 1998/1504 (N.I 9)
[^c22384581]: 1953 c.18 (N.I.) as amended by S.I. 1989/1344 (N.I.15) and S.I. 1998/1504 (N.I.9)
[^c22384591]: 1968 c.29 (N.I.) as amended by S.I. 1989/1344 (N.I.15)
[^c22384611]: 2000 c.38
[^c22384621]: 2003 c.21
[^c22384631]: S.I. 1981/156 (N.I.3)
[^c22384641]: S.R. 2015 No.62
[^key-0fc5c30640f16117e8ff6b5ef9642f0e]: Words in Sch. Pt. 29 substituted (25.8.2016) by The Air Navigation Order 2016 (S.I. 2016/765), art. 1, Sch. 14 para. 13 (with arts. 17-23, 274(2)-(4))
[^key-3fc34418fef176772cf43e8fc11dbca0]: Words in Sch. Pt. 25 substituted (1.12.2019) by The Waterways (Environmental Impact Assessment) Regulations (Northern Ireland) 2019 (S.R. 2019/209), regs. 1(1), 19(2)
[^key-89033a0738bd4a38a5d941a282a9945a]: Word in art. 7(1) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(2)
[^key-78cb875453594c3179661669b02d26b4]: Sch. Pt. 3 Class D-F inserted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(a), Sch. 1
[^key-176e3af704120a11b5077789721cbcb8]: Word in Sch. Pt. 34 Class A para. A.1(a)(i) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
[^key-f50e207d704332e6cba8ca61bfac4a07]: Word in Sch. Pt. 34 Class A para. A.1(a)(ii) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
[^key-86e3fed30d27ce93088152ce943270b8]: Sch. Pt. 34 Class D inserted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(f), Sch. 4
[^key-f82e8bf7a6e757d11bbcc75027d4e9b7]: Word in Sch. Pt. 28 Class A para. A(b) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(e)
[^key-9d93926118088fb6a59b67a964c024df]: Word in Sch. Pt. 13 Class A para. A(b) substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(b)
[^key-9a01b7356be672683c16092225419157]: Sch. Pt. 16 substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(c), Sch. 2
[^key-4e4e91c93ab33f03fe7cc4440e2a1402]: Sch. Pt. 18 substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(d), Sch. 3
[^key-610f8d8f06609728f44c576b79444b54]: Words in Sch. Pt. 2 substituted (4.7.2023) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/95), arts. 1, 2, Sch.
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