SCHEDULE 2Permitted development rights

PART 16Communications

Class A – electronic communications code operators

Interpretation of Class A

A.4

For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;

“developer's notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the proposed development;

(c)

a description of the proposed development (including its siting and appearance and the height of any mast);

(d)

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;

(e)

the name and address of the local planning authority to whom the application will be made;

(f)

a statement that the application is available for public inspection at the offices of the local planning authority during usual office hours;

(g)

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;

(h)

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

(i)

the address to which such representations should be made;

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing, and except on any land which is, or is within, a site of special scientific interest includes—

(a)

security equipment;

(b)

perimeter walls and fences; and

(c)

handrails, steps and ramps;

“electronic communications apparatus”, “electronic communications code” and “electronic communications service” have the same meaning as in the Communications Act 2003 M1;

“existing electronic communications apparatus” means electronic communications apparatus which is already sending or receiving electronic communications;

“existing mast” means a mast with attached electronic communications apparatus which existed and was sending or receiving electronic communications at 3rd May 2013;

“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;

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

“mast” means a radio mast or a radio tower;

“narrowband” means a service or connection providing data speeds up to 128 k bit/s;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than 7 years remain unexpired;

“relevant period” means a period which expires—

(a)

6 months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or

(b)

when the need for such apparatus, structure or use ceases,

whichever occurs first;

“site display” means the posting of the notice by firmly attaching it to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“small antenna” means an antenna which—

(a)

is for use in connection with a telephone system operating on a point to fixed multi-point basis;

(b)

does not exceed 0.5 metres in any linear measurement; and

(c)

does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,

and any calculation for the purposes of paragraph (b) and (c) excludes any feed element, reinforcing rim mountings and brackets;

“small cell antenna” means an antenna which—

(a)

operates on a point to multi-point or area basis in connection with an electronic communications service;

(b)

may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;

(c)

does not, in any two-dimensional measurement, have a surface area exceeding 5,000 square centimetres; and

(d)

does not have a volume exceeding 50,000 cubic centimetres,

and any calculation for the purposes of paragraph (c) and (d) includes any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure; and

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates.