Digital communications infrastructure: planning consultation

Consultation on proposed changes to planning legislation on electronic communications infrastructure (e.g. masts, cabinets and antennas).


Footnotes

1. http://www.gov.scot/Publications/2014/06/3539

2. /publications/scottish-planning-policy/

3. Research on Permitted Development Rights and Planning Guidance for Electronic Communications Infrastructure' http://www.gov.scot/Resource/0050/00501354.pdf

4. http://www.gov.scot/Topics/Economy/digital/Publications/SGMAP

5. http://www.gov.scot/Topics/Built-Environment/planning/Review-of-Planning

6. http://www.gov.scot/Publications/2001/09/pan62/pan62-

7. There is no published up to date version of the Order or of Class 67. The original and amending statutory instruments can be viewed on the www.legislation.gov.uk web site. Annex G of Revision No.1 of the Consolidated Circular on Non-Domestic Permitted Development Rights (Circular 2/2015) summarises the existing Class 67 PD rights: http://www.gov.scot/Publications/2015/11/2264/downloads

8. The UK Government are in the process of amending these 2003 regulations.

9. Circular 2/2015, the Consolidated Circular on Non-Domestic Permitted Development Rights http://www.gov.scot/Publications/2015/11/2264/downloads#res489640

10. These small antennas on dwellings and buildings and planning controls would not affect the ability to install satellite dishes for domestic use under other PD rights ( TV aerials are generally regarded as not requiring any planning permission).

11. With the exception of the fee for hill tracks which is currently set at £0.

12. e.g. a new antenna installed less than 15m above ground level could only be up to 0.9m (horizontal limit), but if an existing antenna at that level were 1.5m it could be replaced with one up to 1.5m.

13. () 1997 c.8. Section 275 was relevantly amended by paragraph 32 of Schedule 3 of the Regulatory Reform (Scotland) Act 2014 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

14. () S.I. 1992/223.

15. () S.S.I. 2013/155. Paragraph 17 was inserted by S.S.I. 2015/237.

16. () Part 1 was substituted by S.S.I. 2011/357.

17. () Part 1ZA was inserted by S.S.I. 2011/357.

18. () Class 67 was amended by S.S.I. 2001/266, S.S.I. 2003/2155, S.S.I. 2011/357 and S.S.I. 2014/142.

19. () 2003 c.21.

20. () OJ L 199, 12.7.1999, p.59.

21. Those Ofcom have decided can access the Electronic Communications Code (Schedule 2 to the Telecommunications Act 1984) in the rollout and operation of electronic communications infrastructure - http://stakeholders.ofcom.org.uk/telecoms/policy/electronic-comm-code/ .

22. "Research on Permitted Development Rights and Planning Guidance for Electronic Communications Infrastructure : http://www.gov.scot/Topics/Built-Environment/planning/Roles/Scottish-Government/Guidance/ResPdrEci

Contact

Email: Alan Cameron planningandcommunications2016@gov.scot

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