LegalizeThe Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2023
Made: 12th June 2023
Coming into operation -: 4th July 2023
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) 2023 and comes into operation on 4th July 2023.
Amendment of the Planning (General Permitted Development) Order (Northern Ireland) 2015
2
In the Schedule (development permitted under Article 3) to the Planning (General Permitted Development) Order (Northern Ireland) 2015[^f00003] Part 2 (installation of domestic microgeneration equipment) is amended as set out in the Schedule to this order.
SCHEDULE — AMENDMENTS TO PART 2 OF THE SCHEDULE TO THE PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER (NORTHERN IRELAND) 2015
3
For Class F and Class G substitute—
| Class F | Class F | |
|---|---|---|
| Permitted development | F. | The provision of a ground or water source heat pump within the curtilage of a dwellinghouse. |
| Development not permitted | F.1 | Development is not permitted by Class F if— any part of the heat pump or its housing would be within 3 metres of the boundary of the curtilage of the dwellinghouse and would exceed 4 metres in height; it would involve the provision of any heat pump within an area of special scientific interest or a site of archaeological interest. |
| Class G | Class G | |
| Permitted development | G. | The installation, alteration or replacement of an air source heat pump within the curtilage of a dwellinghouse. |
| Development not permitted | G.1 | Development is not permitted by Class G if— it would result in the presence within the curtilage of more than one air source heat pump; any part of the air source heat pump would be installed within 1 metre of the boundary of the curtilage of another dwelling house; any part of the air source heat pump would be situated on land forward of a wall which— faces onto a road; and forms either the principal elevation or a side elevation of the original dwellinghouse. in the case of a dwellinghouse within a World Heritage Site or conservation area any part of the air source heat pump faces onto and is visible from a road; the external unit of the air source heat pump would exceed 3 metres in height; the air source heat pump would be installed on a roof; the air source heat pump would be situated within the curtilage of a listed building unless listed building consent for the development has previously been granted. |
| Conditions | G.2 | Development is permitted by Class G subject to the following conditions— the air source heat pump would be used to provide heat for use within the curtilage of the dwellinghouse; when no longer used to provide heat it shall be removed as soon as reasonably practicable; and the air source heat pump must comply with MCS planning standards or equivalent standards. |
| Interpretation of Class G | G.3 | In Class G “MCS Planning Standards” means the product and installation standards for air source heat pumps specified in the Microgeneration Certification Scheme MCS 020 [^f00004]. |
Signed
Sealed with the Official Seal of the Department for Infrastructure on 12th June 2023.
Alistair Beggs — 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”).
The Schedule of this Order amends by substitution Class F and Class G of Part 2 of the Schedule to expand the scope of that permitted development.
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 as amended by S.R. 2020 No. 292
[^f00004]: Issue 1.3 dated 19th June 2019 at MCS-020.pdf (mcscertified.com)
Editorial notes
[^key-caa7c4356ea27e7ff972b0c65afb1f6e]: Art. 1 in operation at 4.7.2023, see art. 1
[^key-bd3be06e550440962e90f47cf68b3c0f]: Art. 2 in operation at 4.7.2023, see art. 1
[^key-f3837b8e1fdcb7e47a993ff08b0f5dae]: Sch. para. 3 in operation at 4.7.2023, see art. 1
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