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Planning (General Development) (Amendment) Order (Northern Ireland) 2002

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Amendment of the 1993 Order

2.  For Part 17 of Schedule 1 to the 1993 Order(1) substitute the following—

Part 17Emergency Development by Telecommunications Code System Operators

Class A
Permitted Development

A.  Development by or on behalf of a telecommunications code system operator for the purposes of the operator’s telecommunications system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunications apparatus required for the replacement of unserviceable telecommunications apparatus, including the provision of moveable structures on land for the purposes of that use.

Conditions

A.1(1) Development is permitted by Class A subject to the condition that the operator gives written notice of the development to the Department as soon as possible after the emergency begins, and in any case not later than 3 days thereafter.

(2) Development is permitted by Class A subject to the condition that any apparatus or structure provided in accordance with that permission, shall—

(i)be located as close as operationally practicable to the existing unserviceable telecommunications apparatus;

(ii)where operationally practicable, not exceed the height of the existing telecommunications apparatus; and

(iii)at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

Interpretation of Class A

A.2  For the purposes of Class A –

“the 1984 Act” means the Telecommunications Act 1984;

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

“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 imposed by the terms of his licence;

“relevant period” means a period which expires –

(a)

6 months from the commencement of the use permitted by Class A; or

(b)

when the need for such use shall cease,

whichever occurs first;

“telecommunications apparatus” means any apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the 1984 Act;

“telecommunications code” means the code contained within Schedule 2 to the 1984 Act;

“telecommunications code system operator” means a person who has been granted a licence under section 7 of the 1984 Act which applies the telecommunications code to him in pursuance of section 10 of that Act;

“telecommunications system” has the meaning assigned to that term by section 4(1) of the 1984 Act..

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