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

PART 32 N.I. DEVELOPMENT FOR NATIONAL SECURITY PURPOSES

Class A
Permitted development	A.	The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.
Development not permitted	A.1	Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.
Class B
Permitted development	B.	The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting on a building or any other structure for national security purposes.
Development not permitted	B.1	Development is not permitted by Class B if— (a) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres; or (b) the uniform level of lighting exceeds 10 lux measured at ground level.
Conditions	B.2	Development is permitted by Class B subject to the following conditions— (a) the camera shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed; (b) the camera shall be removed as soon as reasonably practicable after it is no longer required for national security purposes.
Interpretation of Class B	B.3	For the purposes of Class B— “camera”, except in paragraph B.1(a), 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 building or structure to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; “structure” means any pole, mast, tower or lamp standard.
Class C
Permitted development	C.	Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land consisting of— (a) the installation, alteration or replacement of any electronic communications apparatus; (b) the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or (c) development ancillary to radio equipment housing.
Development not permitted	C.1	Development is not permitted by Class C(a) if— (a) it involves the installation of a mast which is not a replacement of an existing mast; (b) it involves the installation of an antenna which is not a replacement antenna, other than as provided for by C.3; (c) in the case of the alteration or replacement of apparatus already installed (other than on a building), the apparatus, excluding any antenna, would, when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater; (d) in the case of the alteration or replacement of apparatus on a building, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or— (i) 15 metres, where it is installed or is to be installed, on a building which is 30 metres or more in height; or (ii) 10 metres in any other case; whichever is the greater; (e) in the case of the alteration or replacement of apparatus on a building, the highest part of the apparatus, when altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or— (i) 10 metres, where it is installed or is to be installed, on a building which is 30 metres or more in height; (ii) 8 metres in the case of a building which is more than 15 metres but less than 30 metres in height; or (iii) 6 metres in any other case; whichever is the greater; (f) in the case of the alteration or replacement of apparatus (other than an antenna) on a mast and the apparatus supported by it would, when the apparatus was altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs C.1(c), (d) or (e), and for the purposes of applying the limit specified in sub-paragraph (d), the words “(taken by itself)” shall be disregarded; (g) in the case of the installation, alteration or replacement of any apparatus other than— (i) a mast; (ii) an antenna; (iii) any apparatus which does not project above the surface of the ground; or (iv) equipment housing; the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 metres, whichever is the greater; (h) in the case of the alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height— (i) the antenna is to be located on a wall or roof slope facing a road which is within 20 metres of the building on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or (ii) in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater; (i) in the case of the alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building, where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater; (j) in the case of the installation, alteration or replacement of equipment housing— (i) the development is not ancillary to the use of any other electronic communications apparatus; or (ii) the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres.
	C.2	Development consisting of the installation of apparatus is not permitted by Class C(a) in a conservation area, an area of outstanding natural beauty or a National Park unless— (a) the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communications apparatus; (b) the existing apparatus was installed on the site on or before the relevant day; and (c) the site was Crown land on the relevant day.
	C.3	(1) Subject to paragraph (2), development is not permitted by Class C(a) if it will result in the installation of more than one item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day. (2) In addition to the original apparatus which may be installed on a site by virtue of Class C(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed. (3) In paragraph (2), “small apparatus” means— (a) a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height; (b) an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height; (c) a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter; (d) a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height; (e) an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height; (f) equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres.
Conditions	C.4	(1) Class C(a) and Class C(c) development is permitted subject to the condition that any antenna or supporting apparatus, equipment housing or development ancillary to equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building. (2) Class C(a) development consisting of the installation of any additional apparatus in a conservation area, an area of outstanding natural beauty or a National Park is permitted subject to the condition that the apparatus shall be installed as close as reasonably practicable to any existing apparatus. (3) Class C(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land at the expiry of the relevant period and the land restored to its condition before the development took place. (4) Class C development— (a) in a conservation area, an area of outstanding natural beauty, a National Park, or Area of Special Scientific Interest; or (b) on any other land and consisting of the alteration or replacement of a mast; or the installation, alteration or replacement of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to equipment housing, is permitted subject, except in an emergency, to the conditions set out in C.5.
	C.5	(1) The developer shall, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or occupier of the land to which the development relates— (a) by serving the appropriate notice to every such person whose name and address is known to the developer; (b) where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.
	C.6	(1) Class C(b) or Class C.3 development consisting of the installation 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 council 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 300GHz).
Interpretation of Class C	C.7	For the purposes of Class C— “appropriate notice” means a notice signed and dated by or on behalf of the developer and containing— (a) the name of the developer; (b) the address or location of the proposed development; and (c) a description of the proposed development (including its siting and appearance and the height of any mast); “development ancillary to equipment housing” means the construction, installation, alteration or replacement of structures, equipment or other means of access which are ancillary to and reasonably required for the purposes of the equipment housing; “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 M1 “local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development is situated; “mast” means a structure erected by or on behalf of the developer for the support or housing of one or more antennas including a radio mast, radio tower, pole or other structure; “relevant day” means— (a) 10th June 2006; or (b) where existing apparatus is installed pursuant to planning permission granted on or after 10th June 2006, the date when that apparatus is finally installed pursuant to that permission; whichever is later; “relevant period” means a period which expires— (a) 6 months from the commencement of the construction, installation, alteration or replacement of any apparatus permitted by Class C(a) or Class C(c) or from the commencement of the use permitted by Class C(b), as the case may be; or (b) when the need for such apparatus, structure or use ceases; whichever occurs first.

Marginal Citations

M1 2003 c.21