(This note is not part of the Order)
This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (“the GPDO”).
Article 3 of, and Schedule 2 to, the GPDO confer permitted development rights in respect of certain development. Where such rights are conferred, an application for planning permission is not required.
Article 3 of this Order amends Schedule 2 to the GPDO by inserting a new Part 6A (community growing spaces) to permit the erection, extension, alteration or replacement of storage sheds and greenhouses on community growing spaces of at least 62 square metres. The permitted development is subject to limitations which are also set out in the new Part 6A.
Article 4(1), (2), (3), (5)(b) to (f), (7) and (8) of this Order implement Article 57(1) of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast) (OJ No L 321, 17.12.2018, p. 36) by amending article 4 of, and Part 24 (electronic communications code operators) of Schedule 2 to, the GPDO.
The amendments to Part 24 of Schedule 2 to the GPDO—
(a)reduce the limitations on development consisting of the installation, alteration or replacement of all small cell systems, and
(b)remove limitations on development consisting of the installation, alteration or replacement of Regulation 2020/1070 small cell systems outside protected land or World Heritage Sites.
The main changes are to—
(a)omit the definitions of “small antenna” and “small cell antenna” (article 4(7)(a)),
(b)insert a new definition of “small cell system” in place of the previous definition of “small cell antenna”(article 4(7)(b)),
(c)insert a definition of “Regulation 2020/1070 small cell system” which is a small cell system to which Commission Implementing Regulation (EU) 2020/1070 (OJ No L 234, 21.7.2020, p. 11) applies and which meets the conditions and requirements set out in that Regulation (article 4(7)(b)),
(d)provide that references to Commission Implementing Regulation (EU) 2020/1070 are ambulatory (article 4(8)),
(e)extend permitted development rights in relation to development consisting of the installation, alteration or replacement of a small cell system or a Regulation 2020/1070 small cell system (article 4(5)(d) to (f)), and
(f)exclude small cell systems and Regulation 2020/1070 small cell systems from the calculation of the number of antenna systems which may be installed on certain buildings and structures and the number of electronic communications code operators who may operate antenna systems on such buildings and structures (article 4(5)(b) and (c)).
This Order also amends article 4 of the GPDO so that a local planning authority or the Welsh Ministers may not issue a direction restricting the scope of permitted development rights so far as the development consists of the installation, alteration or replacement of a Regulation 2020/1070 small cell system (article 4(1), (2) and (3)).
Article 4(5)(a), (b) and (c) and (6) of this Order, makes the following further changes to Part 24 of Schedule 2—
(a)minor drafting changes (article 4(5)(a)),
(b)increases the number of antenna systems which may be installed on certain buildings and structures from three to four (article 4(5)(b) and (c)),
(c)increases the number of electronic communications code operators who may operate antennas systems on certain buildings and structures from three to four (article 4(5)(b) and (c)), and
(d)to remove a reference to a EU Council Recommendation and change a reference to small cell antenna (article 4(6)).
Article 5 of this Order amends paragraph H.4 of Part 1 of Schedule 2 to the GPDO and paragraphs A.3(b) and B.5 of Part 25 of Schedule 2 to the GPDO to—
(a)substitute “small cell systems” for “small antenna”, and
(b)exclude Regulation 2020/1070 small cell systems permitted by the new paragraph A.1(q) of Part 24 of Schedule 2 to the GPDO from the calculation of the number of antenna permitted by paragraph H.1(a) of Part 1 to Schedule 2 to the GPDO and by paragraphs A.1(d) and B.1(d) of Part 25 of that Schedule.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ.