The Planning (General Development) (Amendment) Order (Northern Ireland) 2011

Amendment of the Planning (General Development) Order (Northern Ireland) 1993

This section has no associated Explanatory Memorandum

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

(2) In Article 2(1) (interpretation)—

(a)in the definition of “area of special scientific interest” for “Article 24 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985” substitute “Article 28 of the Environment (Northern Ireland) Order 2002(2)”;

(b)for the definition of “designated area” substitute—

““designated area” means—

(a)

a conservation area;

(b)

an area of outstanding natural beauty;

(c)

an area of special scientific interest;

(d)

a National Park;

(e)

a World Heritage Site;”;

(c)after the definition of “liquefied petroleum gas” insert—

““microgeneration” means the use for the generation of electricity or the production of heat of any plant—

(a)

which in generating electricity or (as the case may be) producing heat, relies wholly or mainly on biomass, biofuels, fuel cells, photovoltaics, water (including waves and tides), wind, solar power, geothermal sources, combined heat and power systems and other sources of energy or technologies for the generation of electricity or the production of heat; and

(b)

the capacity of which—

(i)

to generate electricity, does not exceed 50 kilowatts;

(ii)

to produce heat, does not exceed 45 kilowatts thermal;”;

(d)after the definition of “the Use Classes Order” insert—

                                                          “;

“World Heritage Site” means a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage”.

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

(a)for Part 1 (development within the curtilage of a dwellinghouse), substitute Part 1 as set out in Schedule 1 to this Order;

(b)after Part 1 (development within the curtilage of a dwellinghouse) insert Part 1A (installation of domestic microgeneration equipment) as set out in Schedule 2 to this Order;

(c)in Part 2 (minor operations)—

(i)in Class A.1(a) after “wall or” insert “other”;

(ii)in Class A.1 (d) after “listed building” insert—

“unless listed building consent for the development has previously been granted”;

(iii)in Class B.1 for “in” substitute “by”;

(iv)in Class B.1 after “within” insert “an area of special scientific interest, or”;

(v)for Class C substitute—

“Class C
Permitted developmentC.The painting of the exterior of any building or work.
Development not permittedC.1Development is not permitted by Class C—
(a)

where the painting is for the purpose of advertisement, announcement or direction; or

(b)

within the curtilage of a listed building, unless listed building consent for the development has previously been granted.

Interpretation of Class CC.2In Class C “painting” includes any application of colour.”
(1)

S.R. 1993 No. 278; the relevant amendment is S.R. 2006 No. 348