PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 11



11.(1) In this Order, subject to paragraphs (2) to (4), "development" means
the carrying out of building, engineering, mining or other operations in, on,
over or under land, or the making of any material change in the use of any
buildings or other land.

(2) The following operations or uses of land shall not be taken for the
purposes of this Order to involve development of the land

(a)the carrying out of works for the maintenance, improvement or other
alteration of any building, being works which affect only the interior of the
building or which do not materially affect the external appearance of the
building;

(b)the carrying out by a district council or statutory undertaker of any works
for the purpose of inspecting, repairing or renewing any mains, pipes, cables
or other apparatus, including the breaking open of any street or other land
for that purpose;

(c)the use of any buildings or other land within the curtilage of a
dwelling-house for any purpose incidental to the enjoyment of the
dwelling-house as such;

(d)the use of any land for the purposes of agriculture or forestry and the use
for any of those purposes of any building occupied together with land so used;

(e)in the case of buildings or other land which are used for a purpose of any
class specified in an order made by the Ministry for the purpose of this
Article, the use thereof for any other purpose of the same class.

(3) For the purposes of this Article

(a)the use as two or more separate dwelling-houses of any building previously
used as a single dwelling-house involves a material change in the use of the
building and of each part thereof which is so used;

(b)the deposit of refuse or waste material on land involves a material change
in the use thereof, notwithstanding that the land is comprised in a site
already used for that purpose, if either the superficial area of the deposit
is thereby extended, or the height of the deposit is thereby extended and
exceeds the level of the land adjoining the site.

(4) Without prejudice to any regulations made under this Order relating to the
control of advertisements, a use for the display of advertisements of any
external part of a building which is not normally used for that purpose shall
be treated for the purposes of this Article as involving a material change in
the use of that part of the building.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 11