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The Planning (General Permitted Development) Order (Northern Ireland) 2015

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This is the original version (as it was originally made).

PART 25DEVELOPMENT BY THE DEPARTMENT OF CULTURE, ARTS AND LEISURE

Class A
Permitted developmentA.

Development by or on behalf of the Department of Culture, Arts and Leisure consisting of—

(a)

development in, on or under any waterway or canal works and required in connection with the improvement, maintenance or repair of that waterway or those works;

(b)

the provision of a building, plant, machinery or apparatus in, on, under or over land for the purpose of survey or investigation;

(c)

the use of any land in respect of waterways or canal works for the spreading of any dredged material; or

(d)

any other development in, on, over or under operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permittedA.1

Development is not permitted by Class A if—

(a)

in the case of Class A(d) development, it would consist of or include the extension or alteration of a building so that—

(i)

its design or external appearance would be materially affected;

(ii)

the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or

(iii)

the floor space of the original building would be exceeded by more than 1000 square metres; or

(b)

in the case of any Class A(d) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

ConditionA.2Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition or to any other condition which may be agreed between the council and the developer.
Interpretation of Class AA.3

For the purposes of Class A—

“canal works” has the meaning assigned to it by Schedule 4 (description of canal works, etc.) of the Water (Northern Ireland) Order 1999(1);

“waterway” has the meaning assigned to it by Article 2 (interpretation) of that Order(2).

Class B
Permitted developmentB.Development requiring the preparation of an environmental statement for the purposes of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006.
Class C
Permitted developmentC.

Development by or on behalf of the Department of Culture, Arts and Leisure consisting of development in, on or under any inland waters for the purposes of its functions under the Fisheries (Northern Ireland) Act 1966(3) and required in connection with—

(a)

the improvement, maintenance or repair of that inland water; or

(b)

the development and improvement of facilities for angling.

Development not permittedC.1

Development is not permitted by Class C(a) if it consists of—

(a)

the erection or construction of a pier, jetty or quay; or

(b)

the erection or construction of a building.

Interpretation of Class CC.2

For the purposes of Class C—

“inland waters” has the meaning assigned to it by section 206 (interpretation) of the Fisheries (Northern Ireland) Act 1966.

(2)

the definition of “waterway” was amended by S.I. 2006/3336 (N.I.21) Art. 291(5)

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