Understanding Planning Legislation: How is Development Controlled?

There are a number of ways in which planning permission or consent are given or the application of the 1991 Order modified so that not all development requires a planning application. These can be summarised as:

1. provision in the 1991 Order itself that specified activities or use of land or buildings do not constitute' development' for the purposes of the Order. For example, Article 11(2) specifies certain operations or uses of land which are not to be taken for the purposes of the Order to involve development of land. These include the carrying out of works for the maintenance, improvement or other alteration of a building which affect only the interior of the building and do not materially affect the external appearance of the building. Some very minor external works, such as television aerials, are normally excluded from requiring planning permission.
2. provision in subordinate legislation or statutory directions that specified activities, use of land or buildings or change in the use of land or buildings do not constitute ‘development’, for example, the Planning (Use Classes) Order (Northern Ireland) 2004 and,
3. the giving in subordinate legislation of planning permission for specified classes of development subject to specific exclusions and conditions, for example, the Planning (General Development) Order (Northern Ireland) 1993.