The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016

Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

6.  In regulation 6 (conservation areas)—

(a) in paragraph (1), after “(2)” insert “, (2A)”;

(b) for paragraph (2) substitute—

“(2) In relation to Northern Ireland, Scotland or Wales, the conditions are that—

(a) the code operator has given the planning authority written notice, and the planning authority has not objected in writing to the installation, alteration or replacement of the electronic communications apparatus within—

(i) 28 days of the notice being given in relation to apparatus for which planning permission is not required under the Planning Acts or for which planning permission is granted under a development order; or

(ii) 56 days of the notice being given in relation to apparatus for which planning permission is required under the Planning Acts and for which planning permission is not granted under a development order; or

(b) if the planning authority has previously objected to the installation of the electronic communications apparatus, it has given notice of the withdrawal of its objection; or

(c) in relation to Scotland or Wales, the Secretary of State, after consulting with the planning authority directs that the electronic communications apparatus is not required to be installed underground.

(2A) In relation to England, the conditions are that the code operator has—

(a) given notice to the planning authority under regulation 5;

(b) submitted a planning application to the local authority under the Town and Country Planning Act 1990; or

(c) submitted an application to the planning authority for a determination as to whether the authority must follow the prior approval process.”