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

Status:

This is the original version (as it was originally made).

Article 2(3)(a)

SCHEDULE 1SUBSTITUTION OF PART 1 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

“PART 1DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class A
Permitted developmentA.The enlargement, improvement or other alteration of a dwellinghouse.
Development not permittedA.1

Development is not permitted by Class A

if—

(a)

as a result of the works the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b)

the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

(c)

the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

(d)

the enlarged part of the dwellinghouse would extend beyond a wall which—

(i)

faces onto a road; and

(ii)

forms either the principal elevation or a side elevation of the original dwellinghouse;

(e)

the enlarged part of the dwellinghouse would have a single storey and—

(i)

extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse;

(ii)

exceed 4 metres in height; or

(iii)

be within 3.5 metres of the boundary of the curtilage of the dwellinghouse with a road opposite the rear wall of the dwellinghouse;

(f)

the enlarged part of the dwellinghouse would have more than one storey and—

(i)

extend beyond the rear wall of the original dwellinghouse by more than 3 metres; or

(ii)

be within 7 metres of the boundary of the curtilage of the dwellinghouse opposite the rear wall of the dwellinghouse;

(g)

the enlarged part of the dwellinghouse would be within 2 metres of any boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

(h)

the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—

(i)

exceed 4 metres in height; or

(ii)

have a width greater than half the width of the original dwellinghouse;

(i)

it would consist of or include—

(i)

an alteration to any part of the roof of the dwellinghouse;

(ii)

the construction or provision of a deck, balcony, veranda or other raised platform;

(iii)

the provision of a basement;

(iv)

the installation, alteration or replacement of a chimney, flue or soil and vent pipe;

(v)

the installation, alteration or replacement of a microwave antenna; or

(j)

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

A.2In the case of a dwellinghouse which is within a conservation area, World Heritage Site, area of outstanding natural beauty or National Park, development is not permitted by Class A if—
(a)

it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebbledash, render, timber, plastic or tiles;

(b)

the enlarged part of the dwellinghouse would have more than one storey or would exceed 4 metres in height; or

(c)

the enlarged part of the dwellinghouse would extend beyond a wall forming the principal or a side elevation of the original dwellinghouse.

ConditionsA.3Development is permitted by Class A subject to the following conditions—
(a)

the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b)

any upper floor window located in a wall or roof slope forming a side elevation of the dwellinghouse, which is within 15 metres of any boundary of the curtilage of a neighbouring dwellinghouse, shall be—

(i)

obscure glazed; and

(ii)

non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed; or

(c)

where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part shall, as far as practicable, be the same as the roof pitch of the original dwellinghouse.

Class B
Permitted developmentB.The enlargement, improvement or other alteration of a dwellinghouse consisting of an addition or alteration to its roof.
Development not permittedB.1Development is not permitted by Class B if—
(a)

any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b)

any part of the dwellinghouse would, as a result of the works, extend more than 15 centimetres beyond the plane of any existing roof slope which—

(i)

faces a road; and

(ii)

forms either the principal or a side elevation of the dwellinghouse;

(c)

any part of the alteration or addition would, as a result of the works, be closer than 0.5 metres to the ridge of the existing roof, closer than 0.5 metres to the eaves of the existing roof (measured along the plane of the roof), or closer than 0.5 metres to any party wall or verge;

(d)

it would consist of or include—

(i)

the construction or provision of a deck, balcony, veranda or other raised platform;

(ii)

the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or

(iii)

the installation, alteration or replacement of a microwave antenna;

(e)

the dwellinghouse is within a conservation area; or

(f)

the dwellinghouse is 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 materials used in any exterior work shall be of similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b)

any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse, which is within 15 metres of any boundary of the curtilage of a neighbouring dwellinghouse, shall be—

(i)

obscure glazed; and

(ii)

non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Class C
Permitted developmentC.The erection or construction of a porch outside any external door of a dwellinghouse.
Development not permittedC.1Development is not permitted by Class C if—
(a)

the ground area (measured externally) of the structure would exceed 3 square metres;

(b)

any part of the structure would exceed 3 metres above ground level with a flat or mono pitched roof, or 3.5 metres with a dual pitched roof;

(c)

any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a road; or

(d)

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

ConditionC.2Development is permitted by Class C subject to the condition that the materials used shall be of similar appearance to those used in the construction of the existing dwellinghouse.
Class D
Permitted developmentD.The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration to such a building or enclosure.
Development not permittedD.1Development is not permitted by Class D if—
(a)

the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b)

any part of the building, enclosure or pool would be situated on land forward of a wall which—

(i)

faces onto a road; and

(ii)

forms either the principal elevation or a side elevation of the original dwellinghouse;

(c)

the building or enclosure would exceed 4 metres in height;

(d)

within 2 metres of the boundary of the curtilage of the dwellinghouse the eaves height would exceed 2.5 metres;

(e)

any part of the building or enclosure would be within 3.5 metres of the boundary of the curtilage of the dwellinghouse with a road opposite the rear wall of the dwellinghouse;

(f)

it would consist of or include the construction or provision of a deck, balcony, veranda or other raised platform;

(g)

it would involve the installation, alteration or replacement of a microwave antenna;

(h)

it would involve development for use as a dwellinghouse; or

(i)

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

D.2In the case of any land within the curtilage of the dwellinghouse which is within—
(a)

a World Heritage Site;

(b)

a National Park; or

(c)

an area of outstanding natural beauty;

development is not permitted by Class D if the total area of ground covered by buildings, enclosures, and pools situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.
D.3In the case of any land within the curtilage of a dwellinghouse within a conservation area, World Heritage Site, National Park, or area of outstanding natural beauty, development is not permitted by Class D if any part of the building, enclosure or pool would be situated on land between a wall forming either the principal or a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Interpretation of Class DD.4For the purposes of Class D “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse, but excludes the keeping of pigeons.
Class E
Permitted developmentE.Development consisting of—
(a)

the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse; or

(b)

the replacement in whole or in part of such a surface.

Development not permittedE.1Development is not permitted by Class E within the curtilage of a listed building, unless listed building consent for the development has previously been granted.
ConditionsE.2Development is permitted by Class E subject to the condition that where—
(a)

the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a road; and

(b)

the area of ground covered by the hard surface, or the hard surface to be replaced would exceed 5 square metres;

either the hard surface shall be made of porous or permeable materials, or provision shall be made to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the dwellinghouse.
Class F
Permitted developmentF.The erection or provision, within the curtilage of a dwellinghouse, of a container for the storage of oil or liquefied petroleum gas for domestic purposes.
Development not permittedF.1Development is not permitted by Class F if—
(a)

the capacity of the container would exceed 3,500 litres;

(b)

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

(c)

any part of the container would be situated on land beyond a wall which—

(i)

faces onto a road; and

(ii)

forms either the principal elevation or a side elevation of the original dwellinghouse;

(d)

any part of the container would be within 2 metres of the boundary of the curtilage of the dwellinghouse with a road opposite the rear wall of the dwellinghouse;

(e)

in the case of a dwellinghouse which is within a conservation area, any part of the container would be situated on land between a wall forming the principal or a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse; or

(f)

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

Class G
Permitted developmentG.The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.
Development not permittedG.1Development is not permitted by Class G if—
(a)

it would result in the presence on the dwellinghouse or within its curtilage of—

(i)

more than two antennas;

(ii)

a single antenna exceeding 100 centimetres in length;

(iii)

two antennas which do not meet the relevant size criteria;

(iv)

an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v)

an antenna installed on a chimney, where the antenna would protrude above the chimney;

(vi)

an antenna with a cubic capacity in excess of 35 litres;

(b)

in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c)

in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(d)

in the case of a dwellinghouse situated within a designated area, it would consist of the installation of an antenna—

(i)

on a chimney, wall or roof slope which faces onto and is visible from a road;

(ii)

on a building which exceeds 15 metres in height.

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

an antenna shall so far as is practicable be sited so as to minimise its effect on the external appearance of the building; and

(b)

an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.

G.3The relevant size criteria for the purpose of paragraph G.1(a)(iii) are that—
(a)

only one of the antennas may exceed 60 centimetres in length; and

(b)

any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

G.4The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.
Class H
Permitted developmentH.The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.
Development not permittedH.1Development is not permitted by Class H if—
(a)

the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more;

(b)

in the case of a dwellinghouse which is within a conservation area, World Heritage Site, area of outstanding natural beauty or National Park the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—

(i)

faces a road; and

(ii)

forms either the principal elevation or a side elevation of the dwellinghouse; or

(c)

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

Class I
Permitted developmentI.The erection, construction or alteration of a deck or other raised platform within the curtilage of a dwellinghouse.
Development not permittedI.1Development is not permitted by Class I if—
(a)

any part of the deck or other raised platform would exceed 0.3 metres above ground level;

(b)

the deck or raised platform would be on land which—

(i)

faces onto a road; and

(ii)

would be forward of a wall forming the principal elevation or a side elevation of the dwellinghouse;

(c)

in the case of any land within a conservation area, development is not permitted by Class I if any part of the deck or raised platform would be situated on land between a wall forming either the principal or a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse; or

(d)

in the case of any land within the curtilage of a listed building, unless listed building consent for the development has previously been granted.”

Article 2(3)(b)

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

“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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