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2004 No. 458

PLANNING

Planning (Use Classes) Order (Northern Ireland) 2004

  Made 2nd November 2004 
  Coming into operation 29th November 2004 

The Department of the Environment, in exercise of the powers conferred on it by Article 11(2)(e) of the Planning (Northern Ireland) Order 1991[1] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Planning (Use Classes) Order (Northern Ireland) 2004 and shall come into operation on 29th November 2004.

Interpretation
    
2.  - (1) In this Order -

in the course of any trade or business other than agriculture and other than a use carried out in or adjacent to a mine or quarry;

    (2) A reference in this Order to a Class followed by a letter and a number is a reference to the Class followed by that letter and a number in the Schedule.

Use classes
     3.  - (1) Subject to the provisions of this Order, where a building or other land is used for a purpose of any Class specified in the Schedule, the use of that building or that other land for any other purpose of the same Class shall not be taken to involve development of the land.

    (2) References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.

    (3) A use which is included in and ordinarily incidental to any use in a Class specified in the Schedule is not excluded from the use to which it is incidental merely because it is specified in the Schedule as a separate use.

    (4) No class specified in the Schedule includes use -

Revocations
     4. The -



Sealed with the Official Seal of the Department of the Environment on


2nd November 2004.

L.S.


Marianne Fleming
A senior officer of the Department of the Environment


SCHEDULE


PART A

SHOPPING AND FINANCIAL & PROFESSIONAL SERVICES

Class A1: Shops
Use for all or any of the following purposes -

where the sale, display or service is to visiting members of the public.

Class A2: Financial, professional and other services
Use for the provision of services which it is appropriate to provide in a shopping area, where the services are provided principally to visiting members of the public including -



PART B

INDUSTRIAL AND BUSINESS USES

Class B1: Business
Use -

Class B2: Light Industrial
Use for any industrial process which can be carried out without detriment to amenity by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Class B3: General Industrial
Use for the carrying on of any industrial process other than one falling within Class B2.

Class B4: Storage or distribution
Use for storage or as a distribution centre.



PART C

RESIDENTIAL USES

Class C1: Dwellinghouses
Use as a dwellinghouse (whether or not as sole or main residence) -

Class C2: Guest houses
Use as a boarding or guest house or as a hostel where, in each case, no significant element of care is provided.

Class C3: Residential institutions
Use -



PART D

COMMUNITY, RECREATION AND CULTURE

Class D1: Community and Cultural Uses
Any use (not including a residential use) -

Class D2: Assembly and leisure
Use as a -



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order revokes and replaces the Planning (Use Classes) Order (Northern Ireland) 1989, the Planning (Use Classes) (Amendment) Order (Northern Ireland) 1993, the Planning (Use Classes) (Amendment No.2) Order (Northern Ireland) 1993, and the Planning (Use Classes) (Amendment) Order (Northern Ireland) 1996.

It specifies classes of use of buildings or other land for the purposes of Article 11(2) of the Planning (Northern Ireland) Order 1991. Article 11(2) specifies operations or uses which are not to be taken for the purposes of that Order as involving development and which therefore do not require planning permission. Sub-paragraph (e) of that Article provides that a change of use is not to be regarded as involving development where the former use and the new use are both within the same class specified in an order made under that paragraph.

The principal changes made by this Order to the 1989 Order are -

     1. Article 2.-(1) provides both new and revised definitions in addition to those already included in the 1989 Order. The new definitions include 'after school facility', 'community centre' and 'house in multiple occupation' and the revised definitions include 'care' and 'industrial process'.

     2. Article 3.-(4) extends the number of uses that do not fall within any of the classes in the Schedule to the Order, commonly known as the "sui generis uses". In addition to those detailed in the 1989 Order this Article includes use as a hostel where a significant element of after care is provided, houses in multiple occupation and sports facilities. A revision to the types of waste facilities for which planning permission will be required is also provided.

     3. The Schedule detailing the separate use classes has been organised in four parts each of which covers specific categories. Part A - Shopping and Financial & Professional Services, Part B - Industrial and Business Uses, Part C - Residential Uses and Part D - Community, Recreation and Culture. Some additions and revisions have also been made within individual classes to include call centres, to place research and development facilities in the same class as offices and to exclude dwellinghouses occupied by more than 6 residents living together as a single household where an element of care is not provided.

     4. For clarity, a table is appended which provides details of the use classes included in the Schedule to the 1989 Order and the equivalent use classes included in the Schedule to this Order.

APPENDIX


Planning (Use Classes) Order (Northern Ireland) 1989 Planning (Use Classes) Order (Northern Ireland) 2004
Class 1: Shops Part A, Class A1: Shops
Class 2: Financial, professional and other services Part A, Class A2: Financial, professional and other services
Class 3: Business Part B, Class B1: Business
Class 4: Light Industrial Part B, Class B2: Light Industrial
Class 5: General Industrial Part B, Class B3: General Industrial
Classes 6, 7, 8, 9 and 10: Special Industrial These classes were subsequently revoked by amending legislation in 1993[13] and 1996[14] None
Class 11: Storage or distribution Part B, Class B4: Storage or distribution
Class 12: Guest houses and hostels Part C, Class C2: Guest houses
Class 13: Residential institutions Part C, Class C3: Residential institutions
Class 14: Dwellinghouses Part C, Class C1: Dwellinghouses
Class 15: Non-residential institutions Part D, Class D1: Community and Cultural Uses
Class 16: Assembly and leisure Part D, Class D2: Assembly and leisure


Notes:

[1] S.I. 1991/1220 (N.I. 11)back

[2] S.I. 1985/1204 (N.I. 11)back

[3] S.I. 1992/3204 (N.I. 20)back

[4] S.I. 1992/1725 (N.I. 15)back

[5] S.I. 2003/412 (N.I. 2)back

[6] S.I. 1997/2777 (N.I. 18)back

[7] S.R. 2003 No. 46back

[8] Council Directive 75/442/EEC, O.J. No. L194,25.7.75, p. 39-41. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC, O.J. No. L078, 26.3.91, p. 32-37. Council Directive 91/692/EEC, O.J. L377, 31.12.91, p. 48-54 and by Commission Decision 96/350/EC, O.J. L135, 6.06.96, p. 32-34back

[9] S.R.1989 No. 290back

[10] S.R.1993 No. 277back

[11] S.R.1993 No. 462back

[12] S.R.1996 No. 248back

[13] S.R.1993 No. 462back

[14] S.R.1996 No. 248back



ISBN 0 33795723 1


  © Crown copyright 2004

Prepared 8 November 2004


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