The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Class A (electronic communications code operators) of Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”). The GPDO provides, for the purposes of section 59 of the Town and Country Planning Act 1990 (c. 8), for the granting of permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. The classes of permission, together with their accompanying conditions, limitations and restrictions, are set out in Schedule 2 to the GPDO.

Class A permits development, by or on behalf of electronic communications code operators, consisting of—

(a) the installation, alteration or replacement of any electronic communications apparatus;

(b) the use of land in an emergency to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus;

(c) development ancillary to radio equipment housing.

The amendments made by this Order—

(a) relax restrictions on development consisting of the installation, alteration or replacement of radio equipment housing and ground- and building-based masts by adjusting—

(i) limits on increases to the volume and dimensions of apparatus allowed under existing permitted development rights;

(ii) requirements to obtain prior approval for certain descriptions of such development;

(b) introduce new conditions so that—

(i) the visual impact of certain descriptions of development is minimised as far as practicable;

(ii) the siting of certain descriptions of development does not prevent pedestrians passing along a footway; does not prevent access to premises; and is determined having regard to the needs disabled people and relevant guidance;

(c) require that relevant authorities and operators are notified and, in some cases, consulted in respect of certain development on areas safeguarded in the interests of national security.

This Order makes further minor and consequential amendment to the GPDO.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.