OpenLegislation

Part 15 AVIATION DEVELOPMENT

Class ADevelopment at an airport
Permitted developmentA.The carrying out on operational land by an airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airport.
Development not permittedA.1

Development is not permitted by Class A if it consists of or includes—

(a)

the construction or extension of a runway;

(b)

the construction of a passenger terminal;

(c)

the extension or alteration of a passenger terminal, where the floor space of the building as existing on 1st August 1993 or, if built after that date, of the building as built, is exceeded by more than 15%;

(d)

the erection of a building other than an operational building;

(e)

the alteration or reconstruction of a building other than an operational building, where its design or external appearance is materially affected; or

(f)

development within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.

ConditionA.2

Development is permitted by Class A subject to the condition that the airport operator consults the council before carrying out any development unless the development—

(a)

is urgently required for the efficient running of the airport; and

(b)

consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

Interpretation of Class AA.3

For the purposes of Class A—

(a)

floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite;

(b)

“operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport.

Class BAir traffic services development at an airport
Permitted developmentB.The carrying out on operational land within the perimeter of an airport by an airport operator or its agent of development in connection with the provision of air traffic services.
Class CAir traffic services development near an airport
Permitted developmentC.The carrying out on operational land outside but within 8 kilometres of the perimeter of an airport, by an airport operator or its agent, of development in connection with the provision of air traffic services.
Development not permittedC.1

Development is not permitted by Class C if—

(a)

any building erected is used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)

any building erected exceeds a height of 4 metres;

(c)

it consists of the installation or erection of any radar or radio mast or antenna or other apparatus which exceeds 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater;

(d)

the development is within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.

Class DUse of airport buildings managed by an airport operator
Permitted developmentD.The use of buildings within the perimeter of an airport managed by an airport operator for purposes connected with air transport services or other flying activities at that airport.
Class EDevelopment by an air traffic services licence holder within an airport
Permitted developmentE.The carrying out by an air traffic services licence holder or its agents, within the perimeter of an airport, of development in connection with the provision of air traffic services.
Class FDevelopment by an air traffic services licence holder on operational land
Permitted developmentF.The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.
Development not permittedF.1

Development is not permitted by Class F if—

(a)

any building erected is used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)

any building erected exceeds a height of 4 metres;

(c)

it consists of the installation or erection of any radar or radio mast, antenna or other apparatus which exceeds 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater;

(d)

the development is within a conservation area, an area of outstanding natural beauty, a National Park or a site of archaeological interest.

Class GDevelopment by an air traffic services licence holder in an emergency
Permitted developmentG.The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.
ConditionG.1Development is permitted by Class G subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored so far as practicable to its condition before the development took place.
Class HDevelopment by an air traffic services licence holder involving moveable structures etc.
Permitted developmentH.The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on land for the purposes of that use.
Development not permittedH.1Development is not permitted by Class H if the land is within a site of archaeological interest.
ConditionH.2Development is permitted by Class H subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place.
Class IDevelopment by the Civil Aviation Authority for surveys etc.
Permitted developmentI.The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.
ConditionI.1Development is permitted by Class I subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place.
Interpretation of Part 15J.

For the purposes of Part 15—

“air traffic services” has the same meaning as in section 98 of the Transport Act 2000 M1;

“air traffic services licence holder” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000;

“airport operator” has the same meaning as in Part 1 of the Airports (Northern Ireland) Order 1994 M2.

Annotations

Marginal citations

M1

2000 c.38

M2

S.I. 1994/426 (N.I.1)