SCHEDULE 2E+WPermitted development rights

PART 16E+WCommunications

[F1Class A – electronic communications code operatorsE+W

Textual Amendments

ConditionsE+W

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

(a)the siting and appearance of any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building (excluding a mast) are such that the effect of the development on the external appearance of that building is minimised, so far as practicable;

(b)the siting and appearance of a mast which has been altered or replaced in a manner which does not require prior approval under paragraph A.2(3), and any electronic communications apparatus installed, altered or replaced on it, are such that the visual impact of the development on the surrounding area is minimised, so far as practicable.

(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; or

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

(i)the installation of a mast;

(ii)the alteration or replacement of a mast 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;

(iii)the construction, installation, alteration or replacement of—

(aa)a public call box; or

(bb)radio equipment housing, where the volume of any single development exceeds 2.5 cubic metres,

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; or

(b)development which is within the limitations specified in paragraph A.1(1)(d)(i)(bb), A.1(2)(f), A.1(5) or A.1(6).

(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 broadbandF2....

(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