5.  Regulation 3(1) shall not apply where the council is satisfied that—

(a)the application relates to the use of a building or other land for a purpose of a class specified in the Planning (Use Classes) Order (Northern Ireland) 2015 M1 and solely to such use; and

(b)the existing use of that building or other land is for another purpose of the same class;

(c)the making of an application for planning permission in respect of the use to which the application relates is necessary by reason of (and only by reason of) a condition imposed on a permission granted or having the like effect as a permission granted under Part 3 of the 2011 Act.

Marginal Citations