SCHEDULE 2 E+W Permitted development rights

PART 16 E+W Communications

[F1 Class A – electronic communications code operators E+W

Textual Amendments

F1 Sch. 2 Pt. 16 Class A substituted (24.11.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2016 (S.I. 2016/1040), arts. 1, 2(2) (with art. 3)

Intepretation of Class A E+W

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 and operated in accordance with the electronic communications code;

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

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003;

“mast” means a radio mast or radio tower;

“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;

“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) or (c) excludes any feed element, reinforcing rim mountings and brackets;

“small cell system” means an antenna which may be variously referred to as a femtocell, picocell, metrocell or microcell antenna, together with any ancillary apparatus, which—

(a)

operates on a point to multi-point or area basis in connection with an electronic communications service (as defined in section 32 of the Communications Act 2003);

(b)

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

(c)

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

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

“unprotected land” means any land which is not—

(a)

article 2(3) land; or

(b)

land which is a site of special scientific interest.]