# The Planning (General Development) (Amendment) Order (Northern Ireland) 2013 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 96

Planning

# The Planning (General Development) (Amendment) Order (Northern Ireland) 2013

Made

8th April 2013

Coming into operation

30th April 2013

The Department of the Environment, in exercise of the powers conferred by Article 13 of the Planning (Northern Ireland) Order                           1991 F1, makes the following Order:                        

F1S.I. 1991/1220 (N.I. 11)

## Citation and commencementN.I.

1.  This Order may be cited as the Planning (General Development) (Amendment) Order (Northern Ireland) 2013 and comes into operation                     on 30th April 2013.                  

## Amendment of the Planning (General Development) Order (Northern Ireland) 1993N.I.

2.—(1) The Planning (General Development) Order (Northern Ireland) 1993 F2 is amended in accordance with paragraphs (2) and (3).                  

(2) In Article 2(1) (interpretation) in the definition of “operational land” delete “23”.

(3) In Schedule 1 (development permitted under Article 3)—

(a)in Part 4 (temporary buildings and uses) after Class B.2 insert—                  

(b)Part 13 (development by statutory and other undertakers) is amended in accordance with Schedule 1;                  

(c)for Part 17 (development by telecommunications code system operators) substitute Part 17 as set out in Schedule 2 to this                        Order; and                  

(d)after Part 36 (schools, colleges, universities and hospitals) add Part 37 (installation of non domestic microgeneration equipment)                        as set out in Schedule 3 to this Order.                  

F2S.R. 1993 No. 278; relevant amending Orders are S.R. 2006 No. 218, S.R. 2003 No. 98, S.R. 2012 No.329

Sealed with the Official Seal of the Department of the Environment on 8th April 2013.

L.S.

Angus Kerr

 A senior officer of the

Department of the Environment

 Article 2(3)(b)

## SCHEDULE 1N.I.AMENDMENTS TO PART 13 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

1.  For Class A substitute—N.I.

2.  For Class B substitute—N.I.

3.  In Class C.1(b) for “100” substitute “ 400 ”.N.I.

4.  For Class G substitute—N.I.

5.  In Class H(b) after the word “supply” insert “ and distribution ”.N.I.

6.  In Class H(f) after the words “valve house” insert “ , control kiosk ”.N.I.

7.  At the end of Class H(h) delete the word “or”.N.I.

8.  For Class H(i) substitute “ the strapping of pipelines to bridges; or ”.N.I.

9.  After Class H(i) insert “ (j) the erection, alteration or replacement in, on, over or under operational land of a building for the housing of equipment.                        ”.N.I.

10.  At the end of Class H.1(d) delete the word “or”.N.I.

11.  For Class H.1(e) substitute “the land is within a site of archaeological interest; or”.N.I.

12.  After Class H.1(e) insert—N.I.

“(f)in the case of any Class H(j) development—                  

(i)the total floor space of any new building erected exceeds 30 square metres;                  

(ii)any part of the development would be within 5 metres of the boundary of the curtilage of a dwellinghouse or flat;                  

(iii)any part of the development would face onto a road;                  

(iv)the development would lead to a reduction in the space available for the turning or manoeuvring of vehicles;                  

(v)any part of the development would exceed 4 metres in height;                  

(vi)the development is within an area of special scientific interest; or                  

(vii)the development would be within the curtilage of a listed building unless listed building consent for the development has                           previously been granted.”.                  

 Article 2(3)(c)

## SCHEDULE 2N.I.SUBSTITUTION OF PART 17 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

### **“PART 17**N.I.DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS

 Article 2(3)(d)

## SCHEDULE 3N.I.ADDITION OF PART 37 TO SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

### **“PART 37**N.I.INSTALLATION OF NON DOMESTIC MICROGENERATION EQUIPMENT

## Explanatory Note

(This note is not part of the Order)

This Order amends the Planning (General Development) Order (Northern Ireland) 1993 (“the 1993 Order”).                     

Article 2(2) of this Order amends Article 2(1) “Interpretation” of the 1993 Order, so as to omit Part 23 from the definition                        of operational land.                     

The Order also deals with the amendment to and introduction of certain classes of permitted development described in Schedule                        1 to the 1993 Order and in respect of which no specific application for planning permission is needed subject to the specified                        limitations and conditions.                     

Article 2(3)(a) of this Order amends Part 4 of Schedule 1 to the 1993 Order by adding a new Class C for the temporary use                        of land for street trading.                     

Schedule 1 of this Order amends Part 13 of Schedule 1 to the 1993 Order by expanding the scope of that permitted development.

Schedule 2 of this Order amends by substitution Part 17 of Schedule 1 to the 1993 Order to expand the scope of that permitted                        development.                     

Schedule 3 of this Order adds a new Part 37 to Schedule 1 to the 1993 Order. Part 37 describes classes of permitted development                        for the installation, alteration or replacement of non domestic microgeneration equipment.                     

A regulatory impact assessment has been prepared in relation to this Order. A copy may be obtained from the Department of                        the Environment, Millennium House, 17-25 Great Victoria Street, Malone Lower, Belfast BT2 7BN (Tel: 028 90416967) or accessed                        at www.doeni.gov.uk.                     

The Explanatory Memorandum is available alongside the Order on the government's website www.legislation.gov.uk.