The Town and Country Planning (General Permitted Development) Order 1995

[F1 Interpretation of Class A W

A.4   For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated by a single [F2 electronic communications code operator] [F3 or] [F2 in accordance with the electronic communications code];

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

“development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions, relating to the application of that code by the terms of the operator’s licence;

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—

(i)

the name of the developer;

(ii)

the address or location of the proposed development;

(iii)

a description of the proposed development (including its siting and appearance and the height of any mast);

(iv)

a statement that the developer will 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;

(v)

the name and address of the local planning authority to whom the application will be made;

(vi)

a statement that the application must be available for public inspection at the offices of the local planning authority during usual office hours;

(vii)

a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;

(viii)

the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and

(ix)

the address to which such representations should be made.

“land controlled by the operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

“mast” means a radio mast or a radio tower;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (General Development Procedure) Order 1995;

“relevant period” means a period which expires—

(i)

six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or

(ii)

when the need for such apparatus, structure or use ceases,

whichever occurs first;

“site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“small antenna” means an antenna which—

(i)

is for use in connection with a telephone system operating on a point to fixed multi-point basis;

(ii)

does not exceed 50 centimetres in any linear measurement; and

(iii)

does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,

and any calculation for the purposes of (ii) and (iii) must exclude any feed element, reinforcing rim mountings and brackets;

F4 ...

F4 ...

F4 ...

F4 ...

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates.]

Textual Amendments

F1 Sch. 2 Pt. 24 substituted (W.) (1.8.2002) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2002 (S.I. 2002/1878), arts. 1(1), 3, Sch. (with art. 4(2))

F2 Words in Sch. 2 Pt. 24 substituted (17.9.2003) by virtue of The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 38(3)(a)-(e)

F3 Word in Sch. 2 Pt. 24 inserted (22.4.2004) by The Communications Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/945), arts. 1, 3(1)

F4 Words in Sch. 2 Pt. 24 revoked (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 2 Table 2