SCHEDULE 2Permitted development rights
PART 16Communications
F1Class A – electronic communications code operators
Prior approval
A.3.
(1)
Before making the application required by sub-paragraph (4), the developer must give notice of the proposed development to—
(a)
any person (other than the developer) who is an owner of the land to which the development relates, or
(b)
a tenant of an agricultural holding any part of which is comprised in the land to which the application relates.
(2)
Notice must be given by or on behalf of the developer as follows—
(a)
by serving a signed and dated notice on every person described in sub-paragraph (1) whose name and address is known to the developer, stating—
(i)
the name of the developer;
(ii)
the address or location of the proposed development;
(iii)
a description of the proposed development (including its siting and appearance which includes the height of any mast);
(iv)
a statement that the developer will apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting and appearance of the development;
(v)
the name and address of the local planning authority to whom the application will be made;
(vi)
a statement that the application is available for public inspection at the offices of the local planning authority during usual office hours;
(vii)
a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;
(viii)
the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and
(ix)
the address to which such representations should be made; or
(b)
if the developer has been unable to ascertain the names and addresses of every such person after taking reasonable steps, by local advertisement.
(3)
Where the proposed development consists of the installation, alteration or replacement of a mast within 3 kilometres of the perimeter of an aerodrome, the developer must notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by sub-paragraph (4).
(4)
Before beginning the development described in paragraph A.2(3), the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting and appearance of the development.
(5)
The application must be accompanied by—
(a)
a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;
(b)
the developer’s contact address, and the developer’s email address if the developer is content to receive communications electronically;
(c)
evidence that the requirements of sub-paragraph (1) have been satisfied where applicable; and
(d)
where sub-paragraph (3) applies, evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.
(6)
Subject to sub-paragraphs (8)(b)(ii) and (c), upon receipt of the application in accordance with sub-paragraph (5), the local planning authority must—
(a)
for development which, in their opinion, falls within a category set out in the Table in Schedule 4 to the Procedure Order (consultations before the grant of permission), consult the authority or person mentioned in relation to that category, except where—
(i)
the local planning authority are the authority so mentioned; or
(ii)
the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,
and must give the consultees at least 14 days within which to comment;
(b)
in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated, or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies, must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order (notice of applications for planning permission)—
(i)
by site display in at least one place on or near the land to which the application relates, for not less than 21 days, and
(ii)
by local advertisement;
(c)
in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order by local advertisement and either—
(i)
by site display in at least one place on or near the land to which the application relates, for not less than 21 days, or
(ii)
by serving notice on any adjoining owner or occupier;
(d)
in the case of development which does not fall within paragraph (b) or (c), must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order—
(i)
by site display in at least one place on or near the land to which the application relates for not less than 21 days, or
(ii)
by serving notice on any adjoining owner or occupier.
(7)
When determining the application made under sub-paragraph (4), the local planning authority must take into account any representations made to them as a result of consultations or notices given under paragraph A.3.
(8)
The development must not begin before the occurrence of one of the following—
(a)
the receipt by the applicant from the local planning authority of a written notice of their determination that prior approval is not required;
(b)
where the local planning authority gives the applicant written notice that prior approval is required—
(i)
the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5);
(ii)
the expiry of a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5) without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
(c)
the expiry of a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5) without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required.
(9)
The development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—
(a)
where prior approval has been given as mentioned in sub-paragraph (8)(b)(i), in accordance with the details approved;
(b)
in any other case, in accordance with the details submitted with the application.
(10)
The agreement in writing referred to in sub-paragraph (9) requires no special form of writing, and, where that agreement is in place, there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.
(11)
The development must begin—
(a)
where prior approval has been given as mentioned in sub-paragraph (8)(b)(i), not later than the expiration of 5 years beginning with the date on which the approval was given;
(b)
in any other case, not later than the expiration of 5 years beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5).
(12)
In the case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice of such development as soon as possible after the emergency begins, to—
(a)
the local planning authority; and
(b)
in the case of development carried out on land which is, or is within, a site of special scientific interest, to Natural England.
F2(13)
When computing the number of days in sub-paragraphs (6)(b)(i), (6)(c)(i) and (6)(d)(i), any day which is a public holiday must be disregarded.