The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) Order 1995, in relation to permitted development rights for certain telecommunications development. Where such rights apply no specific application for planning permission is needed.

Article 3 substitutes with amendments Part 24 of Schedule 2 to the 1995 Order which confers permitted development rights in respect of development by telecommunications code system operators. The principal change is the introduction of a revised prior approval procedure. As set out at paragraph A.2(4), the revised procedure applies to development on article 1(5) land or land which is, or is within, a site of special scientific interest, or where the development consists of the installation, alteration or replacement of:

(i) a mast;

(ii) an antenna on a building or structure where the antenna would exceed the height of the building by 4 metres or more;

(iii) a public call box;

(iv) radio equipment housing with a volume in excess of 2.5 cubic metres; or

(v) development which is ancillary to radio equipment housing.

Article 3 introduces into the procedure, at paragraph A.3(1) of Part 24, a requirement for the developer to notify the owner, or agricultural tenant, of the land to which the proposed development relates, before making an application to the local planning authority for a determination as to whether prior approval is required. In addition, paragraph A.3(5) of Part 24 requires the local planning authority, upon receipt of such an application, to consult with certain persons and authorities and to issue certain notices. Paragraph A.3(6) requires the local planning authority to take into account representations received by them when determining the application.

Under the new paragraph A.3(7) of Part 24 the local planning authority has 56 days within which to determine the application. The development may proceed once that period has expired, if:

(i) the authority, having notified the applicant that prior approval is required, fail to notify him that the approval is given or refused; or

(ii) the authority fail to notify the applicant of their determination as to whether prior approval is required.

Other minor changes are made to Part 24, mainly of a clarificatory nature.

A Regulatory Impact Assessment has been prepared in relation to this Order. It has been placed in the library of each House of Parliament and copies may be obtained from PD3 Division at Zone 4/J3, Department for Transport, Local Government and the Regions, Eland House, Bressenden Place, SW1E 5DU, tel: [phone].