# The Planning (General Development) (Amendment No.2) Order (Northern Ireland) 2013 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 210

Planning

# The Planning (General Development) (Amendment No.2) Order (Northern Ireland) 2013

Made

7th August 2013

Coming into operation

30th August 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 No.2) Order (Northern Ireland) 2013 and shall come                     into operation on 30th August 2013.                  

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

2.  The Planning (General Development) Order (Northern Ireland) 1993 F2 shall be amended as follows—                  

(a)in Article 2 (interpretation) after the definitions of—                  

(i)“the 1991 Order” insert—                  

““the EIA Regulations” means the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 F3;”;                     

(ii)“dwellinghouse” insert—                  

““EIA development” has the meaning assigned to it by regulation 2 of the EIA Regulations;”; and                     

(iii)“satellite antenna” insert––                  

““sensitive area” has the meaning assigned to it in regulation 2 of the EIA Regulations;”;                     

(b)in Article 3 (permitted development) after paragraph (7), insert—                  

“(8)Subject to paragraph (9), Schedule 1 does not grant planning permission for—                  

(a)development within the meaning of Schedule 1 to the EIA Regulations; or                  

(b)development of a description mentioned in column 1 of the table in Schedule 2 to the EIA Regulations; where—                  

(i)any part of the development is to be carried out in a sensitive area; or                  

(ii)any threshold or criterion mentioned in column 2 of the table in Schedule 2 to the EIA Regulations as applicable to development                           of that description is respectively exceeded or met in relation to that development,                  

unless the Department has given a determination pursuant to regulation 5 of the EIA Regulations that the proposed development                        is not EIA development.”;                  

(c)for Part 6 of Schedule 1 (agricultural buildings and operations) substitute Part 6 as set out in the Schedule.                  

F2S.R. 1993 No. 278; relevant amending Orders are S.R. 2005 No. 427, S.R. 2006 No. 218, S.R. 2007 No. 432

F3S.R. 2012 No. 59

Sealed with the Official Seal of the Department of the Environment on 7th August 2013.

L.S.

Angus Kerr

 A senior officer of the

Department of the Environment

 Article 2(c)

## SCHEDULEN.I.SUBSTITUTION OF PART 6 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

### **“PART 6**N.I.AGRICULTURAL BUILDINGS AND OPERATIONS

## 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 inserts definitions of “the EIA Regulations”, “EIA development” and “sensitive area” into Article 2 of the 1993                        Order and inserts paragraph (8) of Article 3 to that Order. The inserted provision provides that the 1993 Order cannot grant                        planning permission for development falling within the scope of the EIA Regulations unless the Department of the Environment                        has determined that the proposed development is not EIA development.                     

The Schedule to this Order amends by substitution Part 6 of Schedule 1 to the 1993 Order. The main changes are an increase                        of the size limitation of permitted development rights for agricultural buildings from 300m2 to 500m2 and the introduction of new permitted development rights for anaerobic digesters on agricultural units.                     

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.