Non-householder - Report - The Planning Service

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Creating the environment for business prescribe different limits to permitted development in different sensitive areas depending on the determined impacts of the development. The Northern Ireland Environment Agency representative consulted supported this proposal. In particular we believe that there are inherent differences between what is appropriate in large scale protected areas such as National Parks and AONBs compared to more localised sites such as Conservation Areas and ASSIs. Where we make recommendations for specific types of permitted development in the following sections of this report we will therefore look at each type of sensitive area in turn to ascertain if additional limits are necessary in each type of sensitive area. We do believe however that it is possible to make some generic exclusions from the list of sensitive areas where additional limits to permitted development are required. These are examined in turn in the remainder of this section. We also recommend that details of the additional limits regarding sensitive areas and general recommendations regarding development in such areas should be included in any non-householder permitted development guidance that is produced. Guidance should also include details of other permissions, consents or licences that may be needed before development can take place. 6.8.1 European and Internationally Protected Nature Conservation Sites As outlined previously permitted development that may affect European sites requires written approval from the Department before it can commence. This requirement is not just limited to development on the European site but to any development that could significantly affect the site. An argument could be made for removing permitted development rights from all European sites and amending the Habitats Regulations such that a developer must apply for planning permission (rather than approval to commence under the Habitats Regulations). To keep the same level of protection as exists at present, in terms of development that might significantly affect a Natura 2000 site it would also be necessary to include a buffer zone removing permitted development rights around European sites. This buffer zone could vary in size depending on the conservation objectives of the site and the type of development proposed resulting in a complex system of exclusions and limits to permitted development around European Sites. We believe that the present system of requiring ‘prior approval’ from the Department before commencing permitted development on or near a European site is simpler than trying to amend the GDO to accommodate limits or removal of permitted development from European sites. As European sites are generally composed of one or more ASSIs, they will also be subject to any limits on permitted development that is extended to these areas. We recommend that the Department consider reviewing the guidance relating to European sites and PD rights to see if this needs to be updated. 6.8.2 World Heritage Sites There are currently no special restrictions to permitted development in World Heritage Sites outlined in the GDO, although it should be noted that the Giant’s Causeway and Causeway Coast World Heritage Site also lies within an AONB. Although we feel it unlikely that permitted development rights will be utilised in the World Heritage Site Doc Reg No. 23271 Page 58 © Entec UK Limited September 2009
Creating the environment for business such that its special qualities will be adversely impacted, the Planning Service are considering adding World Heritage Sites to the current definition of “designated areas”. As such the need for restricting permitted development rights for non-householder land uses will be considered in this report. Without knowing what World Heritage Sites might be identified in future it is difficult to know what types of impact may be expected from permitted development. In light of this we recommend that as part of the process of seeking any future World Heritage Site designation, the potential impacts of permitted development on the reasons for the site declaration are examined with a view to altering or removing permitted development rights using Article 4 directions or amending the GDO should it be necessary. 6.8.3 Areas of Outstanding Natural Beauty AONBs are sensitive areas which we believe need to be examined within each specific part of any new permitted development rights recommended in this review. As an AONB is a landscape scale area we envisage that, in most cases, some permitted development can be allowed if it is allowed in non-sensitive areas, although there may be further restrictions on such development. In the existing GDO there are limits to permitted development in AONBs for a number of different types of permitted development, including under Part 1 (dwellinghouses), Part 13 (statutory and other undertakers), Part 17 (telecommunications operators) Part 18 (other telecommunications development) and Part 32 (national security). In Part 28 (crown development) a two tier system of thresholds exists with more limited PD rights allowed in AONBs. As noted in Appendix B of this report some AONBs have Special Countryside Areas (SCAs) identified in development plans where specific policies are in place to protect the unique character of the area, while other AONBs have design guides setting out specific design principles focussing on local styles and layouts. To allow permitted development in such areas may lead to some developments which compromise the objectives of these countryside policy areas and design guides. We can see a number of alternatives as to how to proceed with regard permitted development in AONBs: 1. Remove all permitted development in AONBs where special countryside policy areas or design guides exist and use generic limits to permitted development in other parts of AONBs; 2. Remove all permitted development rights in AONBs and publish Local Development Orders for each; 3. Use generic limits that apply to all permitted development in AONBs; 4. Use generic limits to permitted development in AONBs supplemented by Article 4 directions removing permitted development rights in particularly sensitive locations. We believe that either of the first two options would lead to a more complex permitted development regime in Northern Ireland, indeed the second option outlined would effectively create a separate permitted development regime in each AONB. We believe that using generic limits for all AONBs (Option 4 above) will deliver a more simple approach to permitted development in Northern Ireland and that conditions or limits to permitted Doc Reg No. 23271 Page 59 © Entec UK Limited September 2009
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Non-householder - Report - The Planning Service

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