Land Development Values (Compensation) Act (Northern Ireland) 1965

Section 2.

SCHEDULE 2 N.I. USE CLASSES FOR PURPOSES OF PARAGRAPH 6 OF SCHEDULE 1

PART I N.I. General

1 (1) In this Schedule— N.I.

• “article” means an article of any description, including a ship or vessel;

• “betting office” means any premises in respect of which there is in force a bookmaking office licence under the Betting and Lotteries Act (Northern Ireland) 1957 [1957 c.19] ;

• “funfair” includes an amusement arcade or pin-table saloon;

• “general industrial building” means an industrial building other than a light industrial building or a special industrial building;

• “hotel” has the same meaning as in the Hotel Proprietors Act (Northern Ireland) 1958 [1958 c.32] ;

• “industrial building” means a building (other than a building in or adjacent to and belonging to a quarry or mine and other than a shop) used for the carrying on of any process for or incidental to any of the following purposes, that is to say:—

  (a)

  the making of any article or part of any article; or

  (b)

  the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

  (c)

  without prejudice to paragraphs ( a) and ( b), the getting, dressing or treatment of minerals;

  being a process carried on in the course of a trade or business other than agriculture;

• “light industrial building” means an industrial building (not being a special industrial building) in which the machinery installed or the processes carried on are such as could be installed or carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;

• “motor vehicle” has the same meaning as in the Road Traffic [F1 (Northern Ireland) Order 1981 [1981 NI 1] ];

• “office” includes a bank, but does not include a betting office or post office;

• “shop” means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser or undertaker or for the reception of goods to be washed, cleaned, or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, petrol filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquor for sale on the premises;

• “special industrial building” means an industrial building used for one or more of the purposes specified in paragraphs 5 to 9 of Part II.

(2) In this Schedule any reference to a building includes a reference to land occupied therewith which is used for the same purposes.

F1 1981 NI 1

2 (1) Where a group of contiguous or adjacent buildings used as parts of a single undertaking includes industrial buildings used for purposes falling within two or more of the classes specified in paragraphs 3 to 9 of Part II, the particular classes in question may, in relation to that group of buildings, be treated as a single class for the purposes of this Schedule if the area occupied in the group by general or special industrial buildings is not substantially increased by reason of being so treated. N.I.

(2) A use which is ordinarily incidental to and included in any use specified in Part II is not excluded from that use as an incident thereto merely because it is also specified in that Part as a separate use.

PART II N.I. Use Classes

1 N.I. Use as a shop for any purpose except as—

(a) a fish and chip shop;

(b) a shop for the sale of pet animals or birds;

(c) a shop for the sale of pets' meat otherwise than in sealed containers; or

(d) a shop for the sale of motor vehicles.

2 N.I. Use as an office for any purpose.

3 N.I. Use as a light industrial building for any purpose.

4 N.I. Use as a general industrial building for any purpose.

5 F2 (1) Use for any work which is registrable under the Alkali, & co. Works Regulation Act 1906, except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine. N.I.

F2 (2) Use for any of the following processes, except as mentioned in sub-paragraph (1), so far as not registrable under the Act referred to in that sub-paragraph:—

(a) converting, re-heating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys;

(b) recovering of metal from scrap or drosses or ashes;

(c) galvanising;

(d) pickling or treatment of metal in acid; or

(e) chromium plating.

[F3 (3) Use for any of the following processes (except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine)—

(a) converting, re-heating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys;

(b) recovering of metal from scrap or drosses or ashes;

(c) galvanising;

(d) pickling or treatment of metal in acid; or

(e) chromium plating.]

F2 prosp. rep. by 1997 NI 18

F3 1997 NI 18; 2002 NI 7

6 N.I. Use for any of the following processes so far as not included in paragraph 5 and except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine:—

(a) burning of building bricks;

(b) lime or dolomite burning;

(c) production of calcium carbide;

(d) foaming, crushing or screening of stone or slag.

7 N.I. Use, so far as not included in paragraph 5, for the production or employment of cyanogen or its compounds.

8 N.I. Use for any of the following purposes, so far as not included in paragraph 5:—

• the distilling, refining or blending of oils;

• the production or employment of cellulose lacquers (except their employment in garages in connection with minor repairs), hot pitch or bitumen;

• the stoving of enamelled ware;

• the manufacture of paint and varnish (excluding mixing, milling and grinding);

• the production of rubber from scrap; or

• the manufacture of acetylene from calcium carbide, for sale or for use in a further chemical process.

9 N.I. Use for carrying on any of following industries, businesses or trades so far as not included in paragraph 5:—

• animal charcoal manufacturer;

• animal hair cleanser, adapter or treater;

• blood albumen maker;

• blood boiler;

• bone boiler or steamer;

• bone burner;

• bone grinder;

• breeder of maggots from putrescible animal matter;

• candle maker;

• dealer in rags or bones (including receiving, storing, sorting or manipulating rags in or likely to become in an offensive condition, or any bones, rabbit-skins, fat or putrescible animal products of a like nature);

• fat melter or fat extracter;

• fell monger;

• fish curer;

• fish oil manufacturer;

• fish skin dresser or scraper;

• glue maker;

• gut scraper or gut cleaner;

• leather dresser;

• maker of meal for feeding poultry, dogs, cattle, or other animals from any fish, blood, bone, fat or animal offal, either in an offensive condition or subjected to any process causing noxious or injurious effluvia;

• manufacturer of manure from bones, fish, fish offal, blood, spent hops, beans or other putrescible animal or vegetable matter;

• skin drier;

• tanner; or

• tripe boiler or cleaner.

10 N.I. Use as a wholesale warehouse or repository for any purpose.

11 N.I. Use as a boarding or guest house, a residential club, or a hotel providing sleeping accommodation.

12 N.I. Use as a residential or boarding school or a residential college.

13 N.I. Use as a building for public worship or religious instruction or for the social or recreational activities of the religious body using the building.

14 N.I. Use as a home or institution providing for the boarding, care and maintenance of children, old people or persons under disability, a convalescent home, a nursing home, a sanatorium or a hospital.

15 N.I. Use (other than residentially) as a health centre, a school treatment centre, a clinic, a creche, a day nursery or a dispensary, or use as a consulting room or surgery unattached to the residence of the consultant or practitioner.

16 N.I. Use as an art gallery (other than for business purposes), a museum, a public library or reading room, a public hall, a concert hall, an exhibition hall, a social centre, a community centre or a non-residential club.

17 N.I. Use as a theatre, a cinema, a music hall, a dance hall, a skating rink, a swimming bath, a Turkish or other vapour or foam bath or a gymnasium, or for indoor games.