LegalizeThe Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020
Made: 30th November 2020
Coming into operation: 21st December 2020
The Department for Infrastructure makes the following Order in exercise of the powers conferred by sections 32 and 247(6) of the Planning Act (Northern Ireland) 2011[^f00001] and now vested in it[^f00002].
Citation and commencement
1
This Order may be cited as the Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 and comes into operation on 21st December 2020.
Amendment of the Planning (General Permitted Development) Order (Northern Ireland) 2015
2
- (1) The Planning (General Permitted Development) Order (Northern Ireland) 2015[^f00003] is amended in accordance with paragraph (2) and (3).
- (2) In Article 7(1) for “21” substitute “28”.
- (3) In the Schedule (development permitted under Article 3)—
- (a) Part 3 (Minor Operations) is amended in accordance with Schedule 1;
- (b) in Class A(b) of Part 13 (Development by Councils) for “car” substitute “vehicle”;
- (c) for Part 16 (Mineral Exploration) substitute Part 16 as set out in Schedule 2;
- (d) for Part 18 (Development by Electronic Communications Code Operators) substitute Part 18 as set out in Schedule 3;
- (e) in Class A(b) of Part 28 (Development by the Crown) for “car” substitute “vehicle”; and
- (f) Part 34 (Shops, financial and professional services establishments) is amended in accordance with Schedule 4.
SCHEDULE 1 — AMENDMENTS TO PART 3 OF THE SCHEDULE TO THE PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER (NORTHERN IRELAND) 2015
3
After Class C insert—
| Class D | Class D | |
|---|---|---|
| Permitted development | D. | The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. |
| Development not permitted | D.1 | Development is not permitted by Class D if the outlet and its casing would— exceed 0.2 cubic metres; be within 2 metres of a road; be within a site of archaeological interest; or be within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | D.2 | Development is permitted by Class D subject to the conditions that when no longer needed as a charging point for electric vehicles— the development is removed as soon as reasonably practicable; and the wall on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out. |
| Class E | Class E | |
| Permitted development | E. | The installation, alteration or replacement, within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles. |
| Development not permitted | E.1 | Development is not permitted by Class E if the upstand and the outlet would— in relation to an upstand and outlet— within the curtilage of a dwellinghouse or a block of flats, exceed 1.6 metres in height from the level of the surface used for the parking of vehicles; or in any other case, exceed 2.3 metres in height from the level of the surface used for the parking of vehicles; be within 2 metres of a road; be within a site of archaeological interest; be within the curtilage of a listed building unless listed building consent for the development has previously been granted; or result in more than 1 upstand being provided for each parking space. |
| Conditions | E.2 | Development is permitted by Class E subject to the conditions that when the development is no longer needed as a charging point for electric vehicles— the development is removed as soon as reasonably practicable; and the land on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out. |
| Interpretation of Class E | E.3 | For the purposes of Class E “block of flats” means a building which consists of at least two flats. |
| Class F | Class F | |
| Permitted development | F. | The replacement of an on-street original upstand with an electrical outlet mounted on it for recharging electric vehicles. |
| Development not permitted | F.1 | Development is not permitted by Class F if the upstand and the outlet would— exceed 2.0 metres in height from the level of the surface used for the parking of vehicles; be within a site of archaeological interest; be within the curtilage of a listed building unless listed building consent for the development has previously been granted; or result in more than 1 upstand being provided for each parking space. |
| Conditions | F.2 | Development is permitted by Class F subject to the conditions that when the development is no longer needed as a charging point for electric vehicles— the development is removed as soon as reasonably practicable; and the land on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out. |
| Interpretation of Class F | F.3 | For the purposes of Class F “original upstand” means an upstand with an electrical outlet mounted on it for recharging electric vehicles, lawfully present on 20th December 2020. |
SCHEDULE 2 — SUBSTITUTION OF PART 16 OF THE SCHEDULE TO THE PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER (NORTHERN IRELAND) 2015
SCHEDULE 3 — SUBSTITUTION OF PART 18 OF THE SCHEDULE TO THE PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER (NORTHERN IRELAND) 2015
SCHEDULE 4 — AMENDMENTS TO PART 34 OF THE SCHEDULE TO THE PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER (NORTHERN IRELAND) 2015
Amendments in relation to shops, financial or professional services establishments
4
- (1) In Part 34 of the Schedule (shops, financial or professional services establishments), Class A is amended as follows.
- (2) In paragraph A.1(a)(i) for 25% substitute 50%.
- (3) In paragraph A.1(a)(ii) for 50 substitute 100.
5
After Class C insert—
| Class D | Class D | Class D |
|---|---|---|
| Permitted development | D. | Development of modification of a loading bay of a shop. |
| Development not permitted | D.1. | Development is not permitted by Class D if— the size of the original loading bay, when measured in any dimension, would be increased by more than 20%; the development would be within the curtilage of a listed building unless listed building consent has previously been granted; the development would be within a conservation area, a World Heritage Site, an area of special scientific interest or a site of archaeological interest. |
| Conditions | D.2. | Development is permitted by Class D subject to the condition that the materials used must be of a similar appearance to those used in the construction of the exterior of the shop. |
| Interpretation of Class D | D.3. | For the purposes of Class D— “goods vehicle” has the same meaning as the meaning given in Article 2 of the Road Traffic (Northern Ireland) 1981; “loading bay” means any facility, including vehicle ramps, for the loading or unloading of goods vehicles; “shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order. |
Signed
Sealed with the Official Seal of the Department for Infrastructure on 30th November 2020.
Angus Kerr — A senior officer of the Department for Infrastructure
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Planning (General Permitted Development) Order (Northern Ireland) 2015 (“the 2015 Order”).
Schedule 1 of this Order inserts a new Class D, Class E and Class F into Part 3 (Minor Operations) of the Schedule to the 2015 Order. Class D, and Class E, permit the installation of wall mounted, and freestanding, electric vehicle charging points in off-street parking areas. Class F permits the replacement of an existing (lawful), freestanding, on-street electric vehicle charging point.
Part 16 (Mineral Exploration) of the Schedule to the 2015 Order describes mineral exploration development in respect of which no specific application for planning permission is needed as permission is granted by Article 3 of that Order.
Schedule 2 to this Order amends by substitution Part 16 of the Schedule to remove permitted development rights for petroleum exploration.
Part 18 (Development by electronic communications code operators) of the Schedule to the 2015 Order describes development by electronic communications code operators in respect of which no specific application for planning permission is needed as permission is granted by Article 3 of that Order.
Schedule 3 of this Order amends by substitution Part 18 of the Schedule to expand the scope of that permitted development.
Schedule 4 of this Order amends Part 34 (Shops, Financial and Professional Service Establishments) of the Schedule to the 2015 Order to expand the scope of that permitted development.
A regulatory impact assessment has been prepared in relation to this Order. A copy may be obtained from the Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Belfast BT2 8GB or accessed at www.infrastructure-ni.gov.uk
The Explanatory Memorandum is available alongside the Order on the government’s website www.legislation.gov.uk.
Footnotes
[^f00001]: 2011 c. 25 (N.I.)
[^f00002]: S.R. 2016 No. 76, article 8(1)(b) and Schedule 5, Part 2.
[^f00003]: S.R. 2015 No. 70
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