Relaxation of planning controls for digital communications infrastructure: consultation responses

Proposed Amendments To The General Permitted Development Order

Electronic Communication Code Operators

Q1 - Do you agree Class 67 PD rights should continue to apply only to Electronic Communication Code Operators ( ECCOs)? (Yes - 25 , No - 2 )

6. Most respondents agreed that Class 67 PD rights should apply only to ECCOs. Themes underpinning this related to appropriate provision of safeguards and accountability and the level of control that this achieves, particularly around matters of design and potential cumulative impacts.

7. A couple of respondents in the 'Individuals' category did not agree and cited points concerning community groups who could be empowered to provide connectivity if PD rights were opened up to non- ECCOs. They felt that there are too many restrictions currently having an impact on digital communication. It was suggested that if PD rights were to be widened to other developers, then non- ECCOs would have to have the same duties as ECCOs.

8. Those who favoured maintaining PD rights solely for ECCOs explain that ECCOs are authorised by Ofcom and are subject to their regulations and powers of intervention. Companies can apply to become an ECCO and they are assessed by Ofcom on the grounds of their intent to provide a network. 'Industry' respondents referred to this mechanism regulating activities, underpinning commercial negotiations, as well as providing a quality standard for stakeholder engagement. ECCOs were considered to have wider ranging knowledge in the provision of suitable infrastructure. By opening up the PD rights respondents cited the potential issues this could create, such as, a confused network development and further challenges to the co-ordination of works.