Extended permitted development rights for masts and antennas

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2013 (the Order) comes into force on 21 August 2013 in England only.

The order amends the general permitted development rights enjoyed by electronics communications code operators that enable the operators to erect certain telecommunications apparatus without requiring express planning permission. Several of the amendments widen the permitted development rights. Other amendments seek to clarify the extent of what is currently permitted.

Under s.57 (1) of the Town and Country Planning Act 1990 (the Act), planning permission is required for the carrying out on land of any development. Development is defined in s.55 (1) as the "carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land".

Under s.59 (1) the Secretary of State may, by development order, grant deemed planning permission for specified development or classes of development. The Town and Country Planning (General Permitted Development) Order 1995 (the 1995 Order) operates by giving deemed planning permission for certain developments without the developer having to make a formal application for planning permission.

Schedule 2 to the 1995 Order grants planning permission for classes of development described as "permitted development". Class A of Part 24 of Schedule 2 to the 1995 Order gives deemed planning permission, subject to exclusions and conditions, for certain development to be carried out by, or on behalf of, an electronic communications code operator for the purpose of the operator's electronic communications network.

The Order amends Class A and increases the existing permitted development rights for electronic communications code operators by permitting:

• Existing freestanding masts to be altered or replaced to become masts of up to 20 metres high and up to one third wider than the existing mast. This will not apply to existing freestanding masts which are located on article 1(5) land (that is to say a National Park; an area of outstanding natural beauty; a conservation area; an area specified for the enhancement and protection of the natural beauty and amenity of the countryside; or the Broads) or on a site of special scientific interest and is subject to prior approval. At any given height, the altered or replacement mast must not be more than one third wider than the original mast was at that height.

• Larger dish antennas and more antenna systems to be attached to certain buildings and structures. The existing rules vary depending upon whether the building or structure is less than 15 metres high or 15 metres high or more. The amendments increase the extent of permitted development under both sets of rules.

• Subject to size limits, up to three additional dish antenna and three additional non-dish antenna to be attached to existing electronic communications apparatus attached to buildings or structures (including masts) on article 1(5) land. The existing apparatus must already be sending and receiving electronic communications.

• Up to two of a newly defined type of antenna (small cell antenna) to be attached to buildings and structures (other than dwelling houses and within the curtilage of dwelling houses) that are not on a site of special scientific interest. Note however that this development is permitted on article 1(5) land subject to prior approval.

• Antenna to be attached to buildings or structures (other than masts) at an increased height without the need to go through the prior approval process. Currently, the threshold is up to four metres higher than the building or structure and this will be increased to six metres.

The Order by Article 12(16) also:

• Clarifies that prior approval is only required when a single development of radio equipment housing has a volume in excess of 2.5 cubic metres.

• Removes the need for prior approval for development which is ancillary to radio equipment housing.

• Amends the prior approval procedure so that if the developer and the local planning authority agree minor amendments to development proposed in a prior approval application a new application is not required.

• Clarifies that planning permission given under Class A extends to casing or covering; mounting, fixing, bracket or other support structure; perimeter walls or fences; handrails, steps or ramps; or security equipment so far as ancillary to and reasonably required for the electronic communications apparatus, provided that the electronic communications apparatus is not on a site of special scientific interest.