The Town and Country Planning Development Order, 1972
Notwithstanding that development shall not be undertaken without the permission of the Chief Town Planner or the Minister on an application made in that behalf, the Town and Country Planning Development Order, 1972 provides for a system of permitted development.
Section 3 of the Order provides that any development specified in the Second Schedule is permitted and may be undertaken upon any land without the permission of the Chief Town Planner or Minister, subject to any condition or limitation imposed by that Schedule in relation to that class of development.
Scope of permitted development
Permitted development can relate to building development in all the major classes of development, ranging from residential, agricultural, commercial and industrial to institutional and to sundry minor operations, such as the erection of guard walls and fences. Certain operations by government departments, statutory boards and statutory undertakers are also included.
Permitted development also includes the interchange of the use of any building or other land to any use within the same Use Class.
The Second Schedule Part I of the Order provides for ten (10) classes of development.
Restrictions and Limitations
In all cases, the permission granted by the Order is subject to specific mandatory conditions and restrictions. By prescription, it excludes all lands falling within Zone I of the Water Protection Area and certain classes of development within the Scotland District.
There are nine (9) Standard Conditions that are applicable, either wholly or selectively, to all classes of development, including a statutory requirement that the Chief Town Planner certifies plans of the development before the development commences as well as notification in writing to the Chief Town Planner of the start of the development.
In addition to the standard conditions, there are specific conditions that are applicable to each class of development and which prescribe certain building standards for the building envelope and relate to the height, external appearance, plot coverage, building line and side distances.
These conditions are precedent and MUST all be satisfied in order for the development to be deemed or certified as permitted.
Scope building and/or engineering operations allowable
Permitted development may relate to the erection of new buildings or to the improvement, extension or alteration of existing buildings.
The legislation allows the Chief Town Planner to confer permitted development status on approved subdivisions that would obviate the necessity to submit a formal application for subsequent building development on the individual lots.
In addition, as a matter of right, the construction of a dwelling house on an agricultural holding is deemed permitted development. An agricultural holding is as agricultural land four acres or more in size.