The Town and Country Planning (General Permitted Development) (England) Order 2015

[F1ConditionsE+W
This section has no associated Explanatory Memorandum

A.2—(1) Class A(a) and A(c) development is permitted subject to the condition that—

[F2(a)the siting and appearance of any—

(i)mast;

(ii)electronic communications apparatus installed, altered or replaced on a mast;

(iii)antenna or supporting apparatus;

(iv)radio equipment housing; or

(v)development ancillary to radio equipment housing,

constructed, installed, altered or replaced on a building (other than a building which is a mast) are such that the effect of the development on the external appearance of that building is minimised, so far as practicable;]

[F3(b)the siting and appearance of any—

(i)mast;

(ii)electronic communications apparatus installed, altered or replaced on a mast;

(iii)antenna or supporting apparatus;

(iv)radio equipment housing; or

(v)development ancillary to radio equipment housing,

which has been constructed, installed, altered or replaced in a manner which does not require prior approval under paragraph A.2(3) are such that the visual impact of the development on the surrounding area is minimised, so far as practicable;

(c)the siting and appearance of any development which is visible from a site which is—

(i)article 2(3) land;

(ii)a scheduled monument or a listed building;

(iii)the curtilage of a schedule monument or a listed building;

(iv)a World Heritage Site;

(v)a site designated by the Secretary of State under section 1 of the Protection of Wrecks Act 1973; or

(vi)land registered by Historic England in a register described in section 8C of the Historic Buildings and Ancient Monuments Act 1953,

are such that the visual impact of the development on the site is minimised so far as practicable, taking into account the nature and purposes of the site;

(d)the siting of any development is such that it—

(i)does not prevent pedestrians from passing along a footway;

(ii)does not prevent access to premises adjoining a footway; and

(iii)is determined having regard to—

(aa)the needs of disabled people; and

(bb)the guidance document “Inclusive Mobility” issued by the Department for Transport in December 2021.]

(2) Class A development is permitted subject to the condition that—

(a)any electronic communications apparatus provided in accordance with that permission is removed from the land or building on which it is situated—

(i)if such development was carried out in an emergency, at the expiry of the relevant period; or

(ii)in any other case, as soon as reasonably practicable after it is no longer required for electronic communications purposes; and

(b)such land or building is 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) Subject to sub-paragraph (5), Class A development—

(a)on article 2(3) land, excluding development specified in sub-paragraph (4);

(b)on land which is, or is within, a site of special scientific interest; F4...

(c)on unprotected land where that development consists of—

(i)the installation of a mast [F5, other than the installation of a mast on a building where the height of the mast (including any antenna and supporting apparatus) does not exceed the height of the highest part of the building by more than 6 metres];

(ii)the alteration or replacement of a mast [F6, other than on a building,] which, when completed—

(aa)is taller than the mast which existed prior to such alteration or replacement; and

(bb)exceeds a height of [F725] metres above ground level [F8excluding any antenna];

[F9(iia)the alteration or replacement of a mast [F10, other than on a building,] which—

(aa)is less than one metre wide where the mast would, when altered or replaced, exceed the original width of the mast by two thirds; or

(bb)is one metre wide or wider where the mast would, when altered or replaced, exceed the original width of the mast by more than one half or 2 metres, whichever is the greater; or]

(iii)[F11the construction, installation, alteration or replacement of radio equipment housing, where the volume of any single development [F12, other than a single development within a permitted compound,] exceeds 2.5 cubic metres][F13;

(d)on a highway where that development consists of—

(i)the alteration or replacement of a mast [F14, other than on a building,] which, when completed—

(aa)is taller than the mast which existed prior to such alteration or replacement; and

(bb)exceeds a height of 20 metres above ground level [F15excluding any antenna];

(ii)the alteration or replacement of a mast which—

(aa)is less than one metre wide where the mast would, when altered or replaced, exceed the original width of the mast by two thirds; or

(bb)is one metre wide or wider where the mast would, when altered or replaced, exceed the original width of the mast by more than one half or 2 metres, whichever is the greater; or

(e)which consists of the installation, alteration or replacement of a mast on a defence safeguarding area].

is permitted subject, except in case of emergency (in which case only paragraph A.3(12) applies), to the conditions set out in paragraph A.3 (prior approval).

(4) Development is specified for the purposes of sub-paragraph (3)(a), if it consists of—

(a)the installation, alteration or replacement of a small cell system on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse; F16...

(b)development which is within the limitations specified in paragraph F17... A.1(2)(f), A.1(5) or A.1(6) [F18;

(c)the construction, installation, alteration or replacement of radio equipment housing—

(i)within a permitted compound; or

(ii)in any other location, where the volume of any single development does not exceed 2.5 cubic metres;

(d)the alteration or replacement of a mast [F19, other than on a building,] which, when completed, is no taller [F20(excluding any antenna)] than the taller of—

(i)the height of the mast prior to such alteration or replacement; or

(ii)20 metres above ground level; or

(e)the alteration or replacement of a mast [F21, other than on a building,] which—

(i)is less than one metre wide where the mast would, when altered or replaced, not exceed the original width of the mast by two thirds; or

(ii)is one metre wide or wider where the mast would, when altered or replaced, not exceed the original width of the mast by more than one half or 2 metres, whichever is the greater].

(5) The conditions set out in paragraph A.3 (prior approval) do not apply in relation to Class A development on any article 2(3) land which consists of the construction, installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband F22...

[F23(5A) Except in case of emergency, Class A development which consists of the installation, alteration or replacement of a mast on a civil safeguarding area or a defence safeguarding area is permitted subject (in addition to any other condition imposed by this paragraph) to the conditions that—

(a)the developer notifies in writing—

(i)the Civil Aviation Authority, in respect of development on a civil safeguarding area;

(ii)the Secretary of State for Defence, in respect of development on a defence safeguarding area;

(iii)the operator of the civil safeguarding area (if the operator is not the Civil Aviation Authority) or defence safeguarding area (if the operator is not the Secretary of State for Defence); and

(b)the development does not begin until the end of 28 days after the day the last notification required by paragraph (a) is given.

(5B) In case of emergency, Class A development which consists of the installation, alteration or replacement of a mast on a civil safeguarding area or a defence safeguarding area is permitted subject to the condition that the developer notifies the person mentioned in sub-paragraph (5A)(a)(i) to (iii) (as appropriate) as soon as practicable after the emergency begins.]

(6) In this paragraph—

“fixed-line broadband” means a service or connection (commonly referred to as being ‘always on’), via a fixed-line network, providing a bandwidth greater than narrowband (and for these purposes, “narrowband” means a service or connection providing data speeds up to 128 k bit/s); and

“relevant period” means a period which expires when the need for any electronic communications apparatus, structure or use permitted by Class A ceases or, if sooner, 18 months from the commencement of the construction, installation, alteration or replacement of apparatus or structures permitted by Class A(a) or Class A(c), or the commencement of the use permitted by Class A(b), as the case may be.]

Textual Amendments