The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

PART 20 DEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS

Class

67.—(1) Development by or on behalf of a telecommunications code system operator for the purpose of the operator’s telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of—

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

(b) the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunication apparatus required for the replacement of unserviceable telecom munication apparatus, including the provision of moveable structures on the land for the purposes of that use;

(c) the use of land for a period of six months for the purpose of erecting temporary buildings for housing moveable telecommunication apparatus all in connection with development authorised by a grant of planning permission; or

(d) any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

(2) Development is not permitted by this class if—

(a) in the case of the installation of apparatus (other than on a building or other structure) the apparatus would exceed a height of 15 metres above ground level;

(b) in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c) (i) subject to sub-paragraph (ii) below, in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

(aa) 15 metres where it is installed, or is to be installed on a building or other structure which is 30 metres or more in height; or

(bb) 10 metres in any other case;

(ii) the highest part of the apparatus when so installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

(aa) 10 metres, in the case of a building or structure which is 30 metres or more in height;

(bb) 8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height;

(cc) 6 metres in any other case;

(d) in the case of the installation or replacement of any apparatus other than—

(i) a mast or tower;

(ii) any kind of antenna;

(iii) a public call box; or

(iv) any apparatus which does not project above the level of the surface of the ground,

the ground or base area of the structure would exceed 1.5 square metres;

(e) in the case of the installation, alteration or replacement on a building or structure of a microwave antenna or apparatus which includes or is intended for the support of such an antenna—

(i) the size of the antenna when measured in any dimension would exceed 1.3 metres (excluding any projecting feed element); or

(ii) the development would result in more than 2 microwave antennas on a building or 10 microwave antennas on any other structure;

(f) in the case of development situated in a conservation area or a national scenic area it would consist of—

(i) the installation or alteration of a microwave antenna or of any apparatus which includes or is intended for the support of such an antenna; or

(ii) the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in any emergency.

(3) Development under sub-paragraph (1)(a) is permitted subject to the condition that any antenna or supporting apparatus installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(4) Development under sub-paragraph (1)(b) is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(5) Development consisting of the installation of apparatus on or over land controlled by the operator carried out on any land within a conservation area or a national scenic area is permitted subject to the condition that the operator shall—

(a) except in a case of emergency, give notice in writing to the planning authority not less than eight weeks before development is begun of his intention to carry out such development; or

(b) in a case of emergency, give written notice of such installation as soon as possible after the emergency begins.

Interpretation of Part 20

For the purposes of Part 20—

(a) “the 1984 Act” means the Telecommunications Act 1984(1);

“land controlled by an operator” means land occupied by the operator in respect of which either under the Lands Clauses Acts he would be enabled to sell the land to the promoters of an undertaking or he holds a lease granted for a term of not less than 10 years;

“public call box” means any kiosk, booth, accoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting a public telephone and at which call box services are provided (or are to be provided) by a telecommunications code system operator;

“relevant period” means a period which expires either six months from the commencement of the use permitted by this paragraph or when the need for that use ceases, whichever occurs first;

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

“the telecommunications code” means the code contained in 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;

(b) development carried out in accordance with a licence is development which is carried out by a telecommunications code system 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.

(1)

1984 c. 12.