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

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This is the original version (as it was originally made).

Article 2(3)(b)

SCHEDULE 2INSERTION OF PART 1A OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

This schedule has no associated Explanatory Memorandum

PART 1AINSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Class A
Permitted developmentA.The installation, alteration or replacement of solar PV or solar thermal equipment on the roof of—
(a)

a dwellinghouse; or

(b)

any building within the curtilage of a dwellinghouse.

Development not permittedA.1Development is not permitted by Class A if—
(a)

any part of the solar PV or solar thermal equipment would protrude more than 20 centimetres beyond the plane of any existing roof slope which faces onto and is visible from a road;

(b)

any part of the solar PV or solar thermal equipment would exceed—

(i)

the height of the highest part of any existing ridged roof; or

(ii)

1.5 metres above the plane of any flat roof;

(c)

in the case of solar PV or solar thermal equipment installed in a World Heritage Site or conservation area—

(i)

the roof slope to which they would be fitted faces onto and is visible from a road; or

(ii)

any part of the solar PV or solar thermal equipment fitted to a flat roof would be visible from a road;

(d)

any part of the solar PV or solar thermal equipment would extend beyond the edge of the existing roof; or

(e)

the solar PV or solar thermal equipment would be installed within the curtilage of a listed building, unless listed building consent for the development has previously been granted.

ConditionsA.2Development is permitted by Class A subject to the following conditions—
(a)

the primary purpose of the solar PV or solar thermal equipment would be to provide heat or energy for use within the curtilage of the dwellinghouse; and

(b)

any solar PV or solar thermal equipment no longer used to provide heat or energy shall be removed as soon as reasonably practicable.

Class B
Permitted developmentB.The installation, alteration or replacement of solar PV or solar thermal equipment on—
(a)

the wall of a dwellinghouse;

(b)

the wall of any building within the curtilage of a dwellinghouse; or

(c)

any wall within the curtilage of a dwellinghouse.

Development not permittedB.1Development is not permitted by Class B if—
(a)

any part of the solar PV or solar thermal equipment installed within 3 metres of the boundary of the curtilage of the dwellinghouse and exceeding 4 metres in height extends more than 20 centimetres beyond the plane of the wall;

(b)

any part of the solar PV or solar thermal equipment when installed would extend beyond the boundary of the wall;

(c)

for Class B(a) or (b) development, any part of the solar PV or solar thermal equipment installed on the wall of a chimney would exceed the height of the highest part of the roof;

(d)

in the case of solar PV or solar thermal equipment installed on a wall within a World Heritage Site or conservation area the wall would face onto and be visible from a road; or

(e)

the solar PV or solar thermal equipment would be installed within the curtilage of a listed building, unless listed building consent for the development has previously been granted.

ConditionsB.2Development is permitted by Class B subject to the following conditions—
(a)

the primary purpose of the solar PV or solar thermal equipment would be to provide heat or energy for use within the curtilage of the dwellinghouse; and

(b)

any solar PV or solar thermal equipment no longer used to provide heat or energy shall be removed as soon as reasonably practicable.

Class C
Permitted developmentC.The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse.
Development not permittedC.1Development is not permitted by Class C if—
(a)

it would result in the presence within the curtilage of more than one stand alone solar;

(b)

the area of the stand alone solar would exceed 14 square metres;

(c)

any part of the stand alone solar would exceed 2 metres in height;

(d)

any part of the stand alone solar would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road; or

(e)

the stand alone solar would be situated within the curtilage of a listed building, unless listed building consent for the development has previously been granted.

ConditionsC.2Development is permitted by Class C subject to the following conditions—
(a)

the primary purpose of the stand alone solar would be to provide heat or energy for use within the curtilage of the dwellinghouse; and

(b)

any stand alone solar no longer used to provide heat or energy shall be removed as soon as reasonably practicable.

Class D
Permitted developmentD.The erection or provision, within the curtilage of a dwellinghouse, of a container for the storage of solid biomass fuel.
Development not permittedD.1Development is not permitted by Class D if—
(a)

in the case of the erection or provision of an above ground container—

(i)

the capacity of that container would exceed 6,500 litres; or

(ii)

any part of that container would be more than 3 metres above ground level;

(b)

any part of the container would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road;

(c)

it would involve the erection or provision of a below ground container within a site of archaeological interest or an area of special scientific interest; or

(d)

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

ConditionsD.2Development is permitted by Class D subject to the following conditions—
(a)

the biomass fuel stored would be used to provide heat for use within the curtilage of the dwellinghouse; and

(b)

any container provided under this class, no longer used for the storage of biomass fuel shall be removed as soon as reasonably practicable.

Class E
Permitted developmentE.The installation, alteration or replacement of a flue, forming part of a biomass heating system, or a combined heat and power system on a dwellinghouse.
Development not permittedE.1Development is not permitted by Class E if—
(a)

the height of the flue would exceed the highest part of the roof by more than one metre;

(b)

in the case of a flue installed in a World Heritage Site or a conservation area the flue would be installed on a wall or roof slope forming the principal or a side elevation of the dwellinghouse and would be visible from a road; or

(c)

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

ConditionE.2Development is permitted by Class E subject to the condition that the flue, no longer used as part of a biomass heating system or a combined heat and power system shall be removed as soon as reasonably practicable.
Class F
Permitted developmentF.The provision of a ground or water source heat pump within the curtilage of a dwellinghouse.
Development not permittedF.1Development is not permitted by Class F if—
(a)

any part of the heat pump or its housing would be within 3 metres of the boundary of the curtilage of the dwellinghouse and would exceed 4 metres in height;

(b)

any part of the heat pump or its housing would be nearer to a road which bounds the curtilage than the part of the dwellinghouse nearest to that road;

(c)

it would involve the provision of any heat pump within an area of special scientific interest or a site of archaeological interest; or

(d)

the heat pump would be situated within the curtilage of a listed building, unless listed building consent for the development has previously been granted.

ConditionsF.2Development is permitted by Class F subject to the following conditions—
(a)

the heat pump would be used to provide heat for use within the curtilage of the dwellinghouse; and

(b)

when no longer used to provide heat it shall be removed as soon as reasonably practicable.

Interpretation of

Part 1A

For the purposes of Part 1A—

“solar PV” means solar photovoltaics;

“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building.

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