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Planning (General Development) (Amendment) Order (Northern Ireland) 2004

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Article 2

SCHEDULESUBSTITUTION FOR PART 3 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

PART 3CHANGES OF USE

Class A Permitted developmentA.Development consisting of a change of use of a building to a use falling within Class A1 (Shops) or Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order from a use as a betting office or from a use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.
Class B Permitted developmentB.

Development consisting of a change of use of a building –

(a)

to a use falling within Class B2 (Light Industrial) of the Schedule to the Use Classes Order from a use falling within Class B3 (General Industrial);

(b)

to a use falling within Class B2 (Light Industrial) of that Schedule from a use falling within Class B4 (Storage or distribution);

(c)

to a use falling within Class B4 (Storage or distribution) of that Schedule from a use falling within Class B2 (Light Industrial) or Class B3 (General Industrial).

Development not permittedB.1Development is not permitted by Class B where the change is to or from a use falling within Class B4 of the Schedule to the Use Classes Order if the change of use relates to more than 235 square metres of floorspace in the building.
Class C Permitted developmentC.Development consisting of a change of use of any building with a display window at ground floor level to a use falling within Class A1 (Shops) of the Schedule to the Use Classes Order from a use falling within Class A2 (Financial, professional and other services).
Class D Permitted developmentD.Development consisting of a change of use of a building to a use falling within Class C1 (Dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C2 (Guest houses) or Class C3 (Residential institutions).
Class E Permitted developmentE.

Development consisting of a change of the use of a building –

(a)

to a mixed use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule;

(b)

to a mixed use for any purpose within Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule;

(c)

where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (Financial, professional and other services) of that Schedule.

ConditionsE.1

Development is permitted by Class E subject to the following conditions –

(a)

some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat;

(b)

where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat;

(c)

the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence) –

(i)

by a single person or by people living together as a family, or

(ii)

by not more than six residents living together as a single household (where care is provided for residents).

Interpretation of Class EE.2For the purposes of Class E the expression “care” means “personal care” as defined in the Registered Homes (Northern Ireland) Order 1992(1).
Class F Permitted developmentF.

Development consisting of a change of the use of a building –

(a)

to a use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat;

(b)

to a use for any purpose within Class A2 (Financial, professional and other services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat;

(c)

where that building has a display window at ground floor level, to a use for any purpose within Class A1 (Shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (Financial, professional and other services) of that Schedule and as a single flat.

Development not permittedF.1Development is not permitted by Class F unless the part of the building used as a single flat was immediately prior to being so used, used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order.

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