Welsh Statutory Instruments
2006 No. 124 (W.17)
TOWN AND COUNTRY PLANNING, WALES
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006
Coming into force
31 January 2006
The National Assembly for Wales (“the National Assembly”), in exercise of the powers conferred by sections 59, 60 and 333(7) of the Town and Country Planning Act 1990() , makes the following Order—
Title, commencement, interpretation and extent
1.—(1) The title of this Order is the The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 and comes into force on 31 January 2006.
(2) In this Order, “the principal Order” means The Town and Country Planning (General Permitted Development) Order 1995().
(3) In this Order, any reference to Part 1 or Part 25 is a reference to that numbered Part of Schedule 2 to the principal Order.
(4) This Order applies in relation to Wales.
Amendment of principal Order
2. —In article 4 of the principal Order (directions restricting permitted development), in paragraph (5)(f) omit “satellite”.
Amendments to Part 1
3.—(1) In Class A of Part 1 (development within the curtilage of a dwellinghouse), in paragraph A.1(f), for “a satellite antenna” substitute “a microwave antenna”.
(2) In Class E of Part 1, in paragraph E.1(a), for “a satellite antenna” substitute “a microwave antenna”.
(3) In Class H of Part 1—
(a)in paragraph H, for “a satellite antenna” substitute “a microwave antenna”;
(b)for paragraph H.1, substitute—
(c)for paragraph H.2(b), substitute—
“(b)an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable”; and
(d)after H.2 add—
“H.3 The relevant size criteria for the purpose of paragraph H.1(a)(iii) are that—
(a)
only one of the antennas may exceed 60 centimetres in length; and
(b)
any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.
H.4 The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mountings or brackets.
H.5 The maximum number of antenna for the purpose of paragraph H1.(a) includes any small antenna permitted under Class A of Part 24.”.
Amendments to Part 25
4.—(1) In Class A of Part 25 (Other telecommunications development)—
(a)for paragraph A.1 substitute—
(b)for paragraph A.2(b), substitute—
“(b)an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable.”;
(c)after paragraph A.2 add—
(2) In Class B of Part 25—
(a)in paragraph B, for “a satellite antenna” substitute “a microwave antenna”;
(b)for paragraph B.1, substitute—
(c)for paragraph B.2(b), substitute—
“(b)an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable”; and
(d)after paragraph B.2, add—
“B.3 The relevant size criteria for the purposes of paragraph B.1(d) are that—
(a)
only one of the antennas may exceed 60 centimetres in length; and
(b)
any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.
B.4 The length of an antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mountings or brackets.
B.5 The maximum number of antenna for the purpose of paragraph B1.(d) includes any small antenna permitted under Class A of Part 24.”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998()
D. Elis-Thomas
The Presiding Officer of the National Assembly
24 January 2006
Explanatory Note
This Order amends Parts 1 and 25 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (“the 1995 Order”). These Parts confer permitted development rights in respect of the erection of satellite and microwave antenna (as defined in article 1(2) of the Order). The amendments apply in relation to Wales.
Article 3 amends Class H of Part 1 of the 1995 Order (the installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse), increasing the number of permitted antennas to 2. It extends the permitted development rights to all types of antennas, and applies a size limit of 60cm for one of the permitted antennas, and 100cm for the other. It modifies existing exclusions from such rights by permitting roof mounted antenna to protrude above a roof, with a chimney. In such cases it restricts the height of the antenna or antennas to the highest part of the chimney, or 60cm measured from the ridge tiles of the roof, whichever is lower. It introduces a maximum cubic capacity of 35 litres for individual antennas. It also relaxes restrictions in respect of antenna on article 1(5) land (National Parks, areas of outstanding natural beauty, conservation areas etc) to permit antenna on roof slopes, walls or chimneys that are not visible from a highway.
Article 4 amends Classes A and B of Part 25 of Schedule 2 to the 1995 Order. In Class A (the installation, alteration or replacement on any building or other structure of a height of 15 metres or more of a microwave antenna and any structure intended for the support of a microwave antenna) it extends the permitted development rights to all types of antennas, and increases the number of permitted antenna to four. It modifies existing exclusions from such rights by applying a size limit for chimney mounted antenna of 60cm when measured in any linear direction. It introduces a maximum cubic capacity of 35 litres for individual antennas, and relaxes restrictions on article 1(5) land by permitting antenna on roof slopes, walls or chimneys that are not visible from a highway. With regards to Class B (the installation, alteration or replacement on any building or other structure of a height of less than 15 metres of a satellite antenna) it extends the permitted development rights to all types of antennas, and increases the number of permitted antennas to two. It applies a size limit of 60cm for one of the permitted antennas, and 100cm for the other. It modifies existing exclusions from such rights to match the exclusions from the Part1 Class H permitted development rights outlined above.
In assessing the maximum permitted antennas for both Parts 1 and 25, account must now be taken of any small antenna permitted by Class A of Part 24.
Minor incidental and consequential changes are also made to the Parts mentioned, and to article 4 of the 1995 Order.