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(This note is not part of the Order)
This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“the 1995 Order”) in relation to Wales. Article 3 of and Schedule 2 to the 1995 Order confer permitted development rights in respect of certain development. Where such rights apply, no specific application for planning permission is required.
Article 2 amends Part 24 (development by electronic communications code operators (Wales)) of Schedule 2 to the 1995 Order.
Class A of Part 24 permits certain development by electronic communications code operators provided it does not fall within A.1 (development not permitted) and subject to any relevant conditions and limitations in A.2 and A.3.
Article 2(2) of this Order updates the reference to an operator’s licence to reflect changes in the Communications Act 2003.
Limitations and conditions on the grant of planning permission include, for example, excluding the Class A permission from application to protected land in certain cases. Protected land comprises sites of special scientific interest and categories of land identified in article 1(5) of, and Part 2 of Schedule 1 to, the 1995 Order (National Parks, areas of outstanding natural beauty, conservation areas, countryside areas of natural beauty and amenity). Other permissions may be subject to the approval of the local planning authority on siting and appearance, a process referred to as “prior approval”.
Article 2(3) inserts a new provision to allow existing freestanding masts to be altered or replaced to become masts up to 20 metres high and up to a third wider than the existing mast. This does not apply on article 1(5) land nor on a site of special scientific interest, and is subject to prior approval on other land by virtue of paragraph A.2(4) of Class A. On width, at any given height, the new or upgraded mast may be no more than a third wider than the original mast at the same height.
Article 2(4) removes small cell antenna from paragraph A.1(g)(i). This means that the limitation in that paragraph does not apply to small cell antenna.
Article 2(5) to (8) amends provisions in Class A to allow larger aggregate sizes of all dish antennas and more antenna systems to be attached to certain buildings and structures. The new rules vary according to the height of the building or structure, with larger aggregate sizes for dishes and more antenna systems allowed above 15 metres.
Article 2(9) makes provision consequential on article 2(10) and (13).
Article 2(10) inserts a new provision to permit up to three additional dish antennas and three non-dish antennas, subject to size limits, to be attached to existing electronic communications apparatus attached to buildings or structures (including masts) on article 1(5) land. A definition added by article 2(19)(c) clarifies that the apparatus must already be sending and receiving communications. This new permitted development right is excepted from paragraph A.1(i) of Class A which otherwise substantially limits the development of antenna on article 1(5) land.
Article 2(11) and (12) amend provisions to clarify that current size limits for radio equipment housing are in one case cumulative and in another case applicable to single development proposals. Article 2(14) includes a consequential amendment to paragraph A.2(4) of Class A.
Article 2(13) inserts a new provision to allow up to two of a new sort of antenna (“small cell antenna”) to be attached to buildings and other structures (other than dwellinghouses or within the curtilage of a dwellinghouse), as long as they are not on a site of special scientific interest. This development is permitted on article 1(5) land by virtue of an exception to the general rule at paragraph A.1(i) of Class A, but subject to prior approval by virtue of paragraph A.2(4)(a) of Class A. Article 2(19)(c) inserts a new definition of “small cell antenna”, which includes size restrictions.
Article 2(14) inserts a new version of paragraph A.2(4) of Class A. Changes include: increasing the height at which antennas attached to buildings or structures (other than masts) are required to go through the prior approval process; clarifying that prior approval is only required when any single development of radio equipment housing has a volume in excess of 2.5 cubic metres; and removing the need for prior approval for development ancillary to radio equipment housing.
Article 2(15) provides that, in relation to article 1(5) land, the construction, installation or replacement of telegraph poles, cabinets or lines for fixed-line broadband services will not require prior approval under paragraph A.3 of Part 24. In order to rely on this change to the permitted development rights, development must be completed before 30 May 2018 and the conditions introduced by article 2(15) must be complied with. The conditions are:
in the case of development in National Parks and areas of outstanding natural beauty, one month’s notice of the proposed development is to be given to the Natural Resources Body for Wales and where any part of the development is in a National Park, to the county or county borough council for the area;
cabinets must be black (not matt black), green or another colour approved by the local planning authority;
telegraph poles must match the nearest existing telegraph pole which has planning permission unless otherwise approved by the local planning authority.
New definitions relating to this provision are inserted in article 2(19).
Article 2(16) inserts a requirement for developer contact details to be submitted with an application for prior approval.
Article 2(17) excepts development comprising small cell antennas from the existing requirement on a developer to submit a written declaration of compliance with guidelines of the International Commission on Non-ionising Radiation Protection with an application for prior approval under Class A.3(4).
Article 2(18) inserts a new provision into the prior approval procedures at paragraph A.3 of Class A, to clarify that where minor amendments to development proposed in a prior approval application are agreed between the developer and the local planning authority, a new application for prior approval is not required.
Article 2(19) inserts new, and makes consequential amendments to, definitions.
Article 2(20) inserts a new provision which clarifies that where Class A gives planning permission for the development of electronic communications apparatus, that permission extends to certain development ancillary to and reasonably required for the purpose of that apparatus. The “reasonably required” test ensures that such ancillary development relates to the particular apparatus being developed and is not for the purpose of future anticipated development. This interpretative provision does not extend to development on a site of special scientific interest.
A regulatory impact assessment has been prepared in relation to this Order. Copies may be obtained from Planning Division, the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the website at https://www.wales.gov.uk.
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Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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