SCHEDULE 2Permitted development rights

PART 16Communications

F1Class A – electronic communications code operators

Intepretation of Class A

A.4

For the purposes of Class A—

F2“aerodrome” has the meaning given by the Safeguarding Direction;

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

F3“civil safeguarding area” means the area identified on a safeguarding map issued by the Civil Aviation Authority in relation to an aerodrome or technical site;

“defence safeguarding area” means the area identified on a safeguarding map issued by the Secretary of State for Defence in relation to an aerodrome, a military explosives storage area or a technical site;

“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;

F4“electronic communications service” means a service falling within the definition of that term in section 32(2) of the Communications Act 2003;

F5“footway” has the meaning given by section 329(1) (further provisions as to interpretation) of the Highways Act 1980;

“mast” means a radio mast or radio tower;

F6“military explosives storage area” has the meaning given by the Safeguarding Direction;

“original width”, in relation to a mast, means the width of the mast approved by the most recent—

(a)

prior approval given in respect of the mast under this Class; or

(b)

express grant of planning permission following an express application for planning permission in respect of the mast;

“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;

F7“permitted compound” means a compound which—

(a)

is no more than 100 square metres in area; and

(b)

has a closed perimeter;

F8“public call box” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting electronic communications apparatus and at which an electronic communications service is provided (or is to be provided) by an electronic communications code operator;

F9“the Safeguarding Direction” means the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002;

“safeguarding map” has the meaning given by the Safeguarding Direction;

“single development”, in relation to radio equipment housing, means development in relation to a single, discrete unit of radio equipment housing (irrespective of when the development takes place);

“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;

F10“small cell system” means low-power wireless network access equipment operating within a small range (irrespective of whether the underlying network topology is mobile or fixed), 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)

transmits at a power level of 10 watts equivalent isotopically radiated power or below;

(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) or (d) includes any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure;

“technical site” has the meaning given by the Safeguarding Direction;

“unprotected land” means any land which is not—

(a)

article 2(3) land; or

(b)

land which is a site of special scientific interestF11; and

“width”, in relation to a mast, means the width of the mast at its widest point—

(a)

excluding any antenna; and

(b)

including any antenna support structures,

and “wide” is to be construed accordingly.