SCHEDULES

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.