S.L. 552.34 · Order For The Notification Of (S.L. 552.34)
S.L. 552.34 Art. 4Permitted development. S.L. 552.22.
(1) Development permission hereby granted for the
Class of development described in Schedule I, shall be subject to the relevant provisions of the Development Planning (Health and
Sanitary) Regulations, the Development Control Design Policy,
Guidance and Standards, the Rural Policy and Design Guidance and all other relevant approved plans and policies in accordance the Act, exceptions, conditions, restrictions, rules, limitations and exclusions. The notification procedure in article 6 shall be required for the Class of development listed in Schedule I.
(2) The granting of such a permission shall not imply, whether directly or indirectly, that permission is being granted for any other development which is ancillary to, or even indispensable or inevitable for the proper execution of the permitted development, nor does it exempt it from any other requirement according to law or consent from third persons, nor provide an exemption from liability or responsibility to any person breaching any provision of law, whether applicable during the execution of the permission or subsequent thereto or as consequential and involuntary damage caused.
(3) The permission granted in accordance with sub-article
(1) shall not provide an exemption from the requirement of any other permission, licenses or consent as required by law and is without prejudice to any conditions, limitations and exclusions which may be imposed by the public health authorities and other competent entities.
(4) (a) This order shall not permit development that is contrary to, or would in any way prejudice:
(i) any condition or limitation imposed by any development permission granted on an application made in accordance with Part VII of the Act, unless such development is permitted on the basis of a change in policy and does not prejudice any site specific safeguard for which such conditions or limitations were imposed; or
(ii) any condition or limitation imposed by a clearance or licence issued in accordance with the Act; or
(iii) any decision taken on any application or request for such permit, clearance or licence.
(b) This order shall not permit development that:
(i) is already proposed in an application made in accordance with Part VII of the Act, which is still being processed, amended, reconsidered or appealed in accordance with the Act; or
(ii) would prejudice the merits of such processing, reconsideration or appeal; or ON SPECIFIED LOCATIONS
(iii) would prejudice the merits of a request for any clearance or licence required by the Act, or would prejudice the merits of an appeal from a decision thereon.
(5) The permission granted by sub-article (1) shall not authorise any development which:
(a) requires or involves the formation, laying out, substantial widening, expansion, extension or reconstruction of a means of access to an existing road. This exclusion shall not apply with regard to development permitted by Class 1 of Schedule I; or
(b) creates an obstruction to the vision of, or a distraction to persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons; or
(c) requires an environmental impact assessment, an appropriate assessment, a traffic impact statement, or any other assessment or report required by the Act or any other legislation. The requirement of a traffic impact statement shall not apply with regard to development permitted by Class 1 of Schedule I;
(d) in the case of any works connected with the development, that involve or include the demolition of, or may foreseeably cause direct or indirect damage to:
(i) any rubble wall or random uniform rubble;
(ii) any dry-stone or any other similar structures protected in accordance with the Act;
(iii) underground infrastructure;
(iv) caves;
(v) fossiliferous or infilled fissures;
(vi) archaeological remains;
(vii) existing historical buildings or monuments, or archaeological remains and natural stone paving; and, or
(viii) cisterns or water galleries;
(e) results in the destruction, uprooting or damage to existing trees, unless such works have been approved by the competent authorities;
(f) involves the hacking, or drastic cleaning of stonework by means of grit-blasting, high-pressure water jets, compressed air, extensive sanding or abrasion, or other similar interventions that may adversely affect any building or structure of historic value or cultural heritage value.
(6) Any works permitted in accordance with sub-article (1) on scheduled buildings or buildings which the Authority deems to have conservation value shall be carried out strictly in accordance with conservation and restoration methodologies established by the Authority in official guiding documents and under the supervision of a restoration architect.