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SCHEDULE 2E+W

PART 24E+WDEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS

Class AE+W

Permitted developmentE+W

A.  Development by or on behalf of a telecommunications code system operator for the purpose of the operator's telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of—

(a)the installation, alteration or replacement of any telecommunication apparatus,

(b)the use of land in an emergency for a period not exceeding six months to station and operate moveable telecommunication apparatus required for the replacement of unserviceable telecommunication apparatus, including the provision of moveable structures on the land for the purposes of that use, or

(c)development ancillary to radio equipment housing.

Development not permittedE+W

A.1  Development is not permitted by Class A(a) if—

(a)in the case of the installation of apparatus (other than on a building or other structure) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b)in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

(i)15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or

(ii)10 metres in any other case;

(d)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

(i)10 metres, in the case of a building or structure which is 30 metres or more in height;

(ii)8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height;

(iii)6 metres in any other case;

[F1(dd)in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1 (a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;]

(e)in the case of the installation, alteration or replacement of any apparatus other than—

(i)a mast,

(ii)an antenna,

(iii)a public call box,

(iv)any apparatus which does not project above the level of the surface of the ground, or

(v)radio equipment housing,

the ground or base area of the structure would exceed 1.5 square metres;

(f)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a mast) which is 15 metres or more in height—

(i)the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;

(ii)in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all of the dishes [F2on the building, structure or mast] would exceed 1.5 metres, when measured in any dimension;

(iii)in the case of antennas other than dish antennas, the development [F3(other than the installation, alteration or replacement of one small antenna)] would result in the presence on the building or structure of more than two antenna systems; or

(iv)the building or structure is a listed building or a scheduled monument;

(g)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level—

(i)in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all of the dishes [F4on the building, structure or mast] would exceed 3.5 metres, when measured in any dimension;

(ii)in the case of antenna systems other than dish antennas, the development [F5(other than the installation, alteration or replacement of a maximum of two small antennas)] would result in the presence on the building or structure of more than three antenna systems; or

(iii)the building or structure is a listed building or a scheduled monument;

(h)[F6in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) of any article 1(5) land or of any land which is, or is within, a site of special scientific interest,] it would consist of—

(i)the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or

(ii)the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency;

(i)it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 M1 (definitions of driver information systems etc.);

(j)in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;

(k)in the case of the installation, alteration or replacement of radio equipment housing—

(i)the development is not ancillary to the use of any other telecommunication apparatus;

(ii)[F7the development] would exceed 90 cubic metres or, if located on the roof of a building, [F7the development] would exceed 30 cubic metres;

[F8(iii)on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;]

F9...

[F10(l)in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any telecommunications apparatus, that apparatus—

(i)is not a small antenna;

(ii)being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or

(iii)being a small antenna, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;]

[F11(m)in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to be located—

(i)on a chimney;

(ii)on a building which exceeds 15 metres in height;

(iii)on a wall or roof slope which fronts a highway; or

(iv)in the Broads, on a wall or roof slope which fronts a waterway;

(n)in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse—

(i)the building is on article 1(5) land;

(ii)the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or

(iii)the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.]

Textual Amendments

Marginal Citations

ConditionsE+W

A.2—(1) Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated—

[F12(a)if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or]

(b)in any other case, as soon as reasonably practicable after it is no longer required for telecommunication purposes,

and such land, building or structure shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(3) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(4) [F13Subject to paragraph (4A)(b), Class A development on–

(a)article 1(5) land or land which is, or is within, a site of special scientific interest, or

(b)any other land and consisting of the construction, installation, alteration or replacement of a mast on a building or structure, or of a public call box, or of radio equipment housing with a volume in excess of 2.5 cubic metres or of development ancillary to radio equipment housing–

is permitted subject, except in a case of emergency, to the following conditions–]

(i)where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority or the Secretary of State for Defence, as appropriate, of the proposal, before making the application required by sub-paragraph (ii);

(ii)before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;

(iii)the application shall be accompanied—

(aa)by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and

(bb)where sub-paragraph (i) applies, by evidence that the Civil Aviation Authority or the Secretary of State for Defence, as the case may be, has been notified of the proposal;

[F14(iv)the development shall not be begun before the occurrence of one of the following–

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 28 days beginning with the date on which they received his application;

(cc)where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 28 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or

(dd)the expiry of a period of 28 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required;]

(v)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa)where prior approval has been given as mentioned in sub-paragraph (iv)(bb), in accordance with the details approved;

(bb)in any other case, in accordance with the details submitted with the application;

and

(vi)the development shall be begun—

(aa)where prior approval has been given as mentioned in sub-paragraph (iv)(bb), not later than the expiration of five years beginning with the date on which approval was given;

(bb)in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iii).

[F15(4A) Class A development consisting of:

(a)the construction, installation, alteration or replacement of a mast (other than on a building or structure); or

(b)such development carried out in conjunction with any development specified in paragraph A.2(4)(b)–

is permitted subject, except in a case of emergency, to the following conditions–

(i)where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority or the Secretary of State for Defence, as appropriate, of the proposal, before making the application required by sub-paragraph (iii);

(ii)the developer shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for a period of not less than 21 days beginning with the date on which the application required by sub-paragraph (iii) is made to the local planning authority (provided that, where the site notice is, without any fault or intention of the developer, removed, obscured or defaced before the end of the 21 day period, the developer shall be treated as having complied with the requirements of this sub-paragraph if he has taken reasonable steps for the protection of the notice and, if need be, its replacement);

(iii)before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;

(iv)the application shall be accompanied–

(aa)by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and

(bb)where sub-paragraph (i) applies, by evidence that the Civil Aviation Authority or the Secretary of State for Defence, as the case may be, has been notified of the proposal; and

(cc)a copy of the site notice displayed in accordance with sub-paragraph (ii), and a plan indicating where it is displayed;

(v)the development shall not be begun before the occurrence of one of the following–

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 42 days beginning with the date on which they received his application;

(cc)where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 42 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or

(dd)the expiry of a period of 42 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant in writing of their determination as to whether such prior approval is required;

(vi)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out–

(aa)where prior approval has been given as mentioned in sub-paragraph (v)(bb), in accordance with the details approved;

(bb)in any other case, in accordance with the details submitted with the application;

(vii)the development shall be begun–

(aa)where prior approval has been given as mentioned in sub-paragraph (v)(bb), not later than the expiration of five years beginning with the date on which approval was given;

(bb)in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iv).]

(5) In a case of emergency, development F16... is permitted by Class A subject to the condition that the operator shall give written notice to the local planning authority of such development as soon as possible after the emergency begins.

Textual Amendments

Interpretation of Class AE+W

A.3  For the purposes of Class A—

Textual Amendments

Marginal Citations