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

Citation and commencement

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) 1993

2.  The Planning (General Development) Order (Northern Ireland) 1993(1) 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(2);”;

(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.

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

Angus Kerr

A senior officer of the Department of the Environment