Digital communications infrastructure: planning consultation

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

Annex F


Building For the purposes of PD rights this includes any structure or erection or part of a building, but does not include plant and machinery or gates, walls and fences and other means of enclosure.
Category A Listed Buildings and their settings Top level of buildings designated for special architectural or historic interest. Authorisation required for demolition or alteration or extension in any manner which would affect its character as a building of special architectural or historic interest. No specific controls on setting. (S1 of Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997).
Class 67 designated areas Those areas of land specified as having particular restrictions on Class 67 PD rights - listed in paragraph 14.
Class 67 PD rights The planning permission granted under Class 67 of part 20 of Schedule 1 to the GPDO, for electronic communications code operators to roll out their infrastructure.
Conservation Areas Areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance (S61 of Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
Curtilage The area of ground and associated buildings immediately surrounding, for example, a house or dwelling. With a house in a street, this would usually be the garden. With larger houses with estates, it would not include surrounding fields for example or buildings with separate purposes.
Electronic Communications Code This is a set of obligations and rights which apply under the

Telecommunications Act 1984
Electronic Communications Code Operator ( ECCO) Parties, approved by Ofcom, eligible to use the Electronic Communications Code in relation to the rollout of electronic communications infrastructure.
Emergency There is no statutory definition for Class 67 and the term needs to be interpreted in the circumstances of each case. Our guidance does refer to a definition in the Electronic Communications Code "emergency works" …means works the execution of which at the time it is proposed to execute them is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause-

(a) danger to persons or property,

(b) the interruption of any service provided by the operator's network or, as the case may be, interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; or

(c) substantial loss to the operator or, as the case may be, the undertaker,

and such other works as in all the circumstances it is reasonable to execute with

those works".
European Sites Special area of conservation; certain sites designated under Directive 92/43/ EEC; sites designated under Directive 79/409/ EEC.
GPDO The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Historic Battlefields An inventory of such battlefields as appear to Ministers to be of national importance ("battlefield" - an area of land over which a battle was fought or on which any significant activities relating to a battle occurred (whether or not the battle was fought over that area). (S32B of Ancient Monuments and Archaeological Areas Act 1979)
Historic Gardens and Designed Landscapes Gardens and designed landscapes as appear to Ministers to be of national importance and included on the inventory of such sites. They have to be grounds which have been laid out for artistic effect and, in appropriate cases, include references to any buildings, land, or water on, adjacent, or contiguous to such grounds. No specific consent regime is attached. (S32A of Ancient Monuments and Archaeological Areas Act 1979).
ICNIRP declaration A declaration by the developer that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 (1999/519/EC, OJ L 1999, 30.7.1999) on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300GHz).
Land In planning legislation this includes land covered with water and any building (as defined above).
National Parks Aims of national parks:

- to conserve and enhance the natural and cultural heritage of the area,

- to promote sustainable use of the natural resources of the area,

- to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and

- to promote sustainable economic and social development of the area's communities.

National Scenic Areas Areas designated on the basis of outstanding scenic value in a national context and desirability of safeguarding or enhancing its character or appearance.
Scheduled Monuments and their settings Consent is required for, amongst other things works resulting in destruction, demolition, damage to monument, alteration of or addition to a monument. Nothing about setting. (S1 of Ancient Monuments and Archaeological Areas Act 1979).
Small antenna (a) operates on a point to multi-point or area basis in connection with an electronic communications service;

(b) may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;

(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 heads (c) and (d) is to include any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure.


Email: Alan Cameron

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