The Planning (General Development) (Amendment) Order (Northern Ireland) 2013

Article 2(3)(b)

SCHEDULE 1 AMENDMENTS TO PART 13 OF SCHEDULE 1 TO THE PLANNING (GENERAL DEVELOPMENT) ORDER (NORTHERN IRELAND) 1993

1.  For Class A substitute—

“Class A		Railway undertakings
Permitted development	A.	Development by or on behalf of railway undertakers on their operational land required— (a) in connection with the movement of traffic by rail; or (b) for the installation, alteration or replacement of electronic communications apparatus for rail safety systems.
Development not permitted	A.1	Development is not permitted by Class A if— (a) it consists of or includes the construction of a railway; (b) it consists of or includes the construction or erection of a hotel, railway station or bridge; (c) it consists of or includes the construction or erection otherwise than wholly within a railway station of a residential building, an office, or a building used for manufacturing or repair work; (d) the land is within an area of special scientific interest or a site of archaeological interest; (e) in the case of any Class A(b) development, the installation of any apparatus (other than on a building or other structure), excluding any antenna, would exceed 15 metres in height above ground level; (f) in the case of any Class A(b) development, the replacement or alteration of any apparatus (other than on a building or structure), excluding any antenna, would when altered or replaced exceed 15 metres in height above ground level or the height of any apparatus it replaces, whichever is the greater; (g) in the case of any Class A(b) development it would consist of the installation of a mast on a building or other structure and would— (i) exceed 15 metres in height above ground level; or (ii) be within 20 metres of the boundary of a road; (h) in the case of the installation, replacement or alteration of any apparatus under Class A(b) other than— (i) a mast; (ii) an antenna; (iii) a public call box; (iv) any apparatus which does not project above the surface of the ground; or (v) equipment housing; the ground or base area of the structure would exceed 1.5 square metres; or (i) in the case of any Class A(b) development it would consist of the installation, alteration or replacement of ground based equipment housing exceeding 90 cubic metres or, if located on a roof of a building, it would exceed 30 cubic metres.
Conditions	A.2	(1) Class A(b) development consisting of the installation, alteration or replacement of one or more antennas is permitted subject to the condition that the developer shall— (a) except in a case of emergency give appropriate notice in writing to the Department no fewer than 28 days before development is begun of the developer’s intention to carry out such development; or (b) in a case of emergency give appropriate notice of such development as soon as possible after the emergency begins. (2) The notice referred to in sub-paragraphs 1(a) and (b) shall be accompanied by a declaration that the proposed equipment and installation is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (1999/519/EC) (0Hz to 300 GHz).
Interpretation of Class A	A.3	For the purposes of Class A— references to the construction or erection of any building or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected; “appropriate notice” means a notice signed and dated by or on behalf of the developer and containing— (i) the name of the developer; (ii) the address or location of the proposed development; and (iii) a description of the proposed development (including its siting and appearance and the height of any mast); “electronic communications apparatus” has the same meaning as in the electronic communications code; “electronic communications code” has the meaning assigned to it by section 106(1) of the Communications Act 2003; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it; “mast” means a structure erected by or on behalf of the developer for the support or housing of one or more antennas including a mast, pole, tower or other structure..”.

2.  For Class B substitute—

“Class B		Dock, pier, harbour or water transport undertakings
Permitted development	B.	Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour or water transport undertakings, required— (a) for the purposes of shipping; (b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier, harbour, or the movement of traffic by any railway forming part of the undertaking; (c) for the installation, alteration or replacement (other than on a building) of a closed circuit television camera, including its supporting structure, for the purposes of security; or (d) the erection, alteration or replacement of a fence for the purposes of security.
Development not permitted	B.1	Development is not permitted by Class B if— (a) it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic; (b) the land is within a site of archaeological interest; (c) the installation, alteration or replacement of a closed circuit television camera is to be carried out in a conservation area unless it involves the installation, alteration or replacement of a camera on an existing structure; (d) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; (e) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level; (f) the development would result in the presence of more than four cameras on the structure; (g) any part of a fence erected, altered or replaced would exceed 2.9 metres in height; (h) any part of a fence erected, altered or replaced would be adjacent to the curtilage of any dwellinghouse or flat; or (i) in the case of any Class B(c) or Class B(d) development the development is within an area of special scientific interest.
Interpretation of Class B	B.2	For the purposes of Class B— references to the construction or erection of any building or structure includes references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected; “camera” except in paragraph B.1(d) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; “ground level” means the level of the surface of the ground immediately adjacent to the supporting structure or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it; “structure” and “supporting structure” means any pole, mast or tower including a street lighting column..”.

3.  In Class C.1(b) for “100” substitute “400”.

4.  For Class G substitute—

“Class G		Universal Service Provider
Permitted development	G.	Development required for the purpose of the universal service provider in connection with the provision of a universal postal service (within the meaning of the Postal Services Act 2000) consisting of— (a) the installation of posting boxes or self service machines; (b) the installation of universal postal service pouch-boxes; or (c) any other development carried out in, on, over or under the operational land of the undertaking.
Development not permitted	G.1	Development is not permitted by Class G if— (a) it consists of or includes the erection of a building, or the reconstruction or alteration of a building where its design or external appearance is materially affected; (b) it consists of or includes the installation or erection by way of addition or replacement of any plant or machinery which exceeds 15 metres in height or the height of any existing plant or machinery, whichever is the greater; (c) the land is within an area of special scientific interest or a site of archaeological interest; or (d) in the case of any Class G(b) development the universal postal service pouch-box is situated within a conservation area.
Conditions	G.2	Development is permitted by Class G(b) subject to the condition that the universal postal service pouch-box is sited to minimise its effect on pedestrian flow and visual amenity.
Interpretation of Class G	G.3	For the purposes of Class G— “universal postal service pouch-box” has the meaning assigned to it by paragraph 10 of Schedule 6 to the Postal Services Act 2000; “universal service provider” has the meaning assigned to it by section 65 of the Postal Services Act 2011..”.

5.  In Class H(b) after the word “supply” insert “and distribution”.

6.  In Class H(f) after the words “valve house” insert “, control kiosk”.

7.  At the end of Class H(h) delete the word “or”.

8.  For Class H(i) substitute “the strapping of pipelines to bridges; or”.

9.  After Class H(i) insert “(j) the erection, alteration or replacement in, on, over or under operational land of a building for the housing of equipment.”.

10.  At the end of Class H.1(d) delete the word “or”.

11.  For Class H.1(e) substitute “the land is within a site of archaeological interest; or”.

12.  After Class H.1(e) insert—

“(f) in the case of any Class H(j) development—

(i) the total floor space of any new building erected exceeds 30 square metres;

(ii) any part of the development would be within 5 metres of the boundary of the curtilage of a dwellinghouse or flat;

(iii) any part of the development would face onto a road;

(iv) the development would lead to a reduction in the space available for the turning or manoeuvring of vehicles;

(v) any part of the development would exceed 4 metres in height;

(vi) the development is within an area of special scientific interest; or

(vii) the development would be within the curtilage of a listed building unless listed building consent for the development has previously been granted.”.