New Legislation – relating to PD rights for electronic communications code operators (04/04/2022) …

[UPDATE: The information on this page has subsequently been incorporated into the "Other Parts of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 04/04/2022:

New Legislation:

  • April 2022: SI 2022 No. 278 - The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2022 (pdf) (link).

Short Summary:

  • Part 16 Class A: This Class, which allows various development by, or on behalf of, an "electronic communications code operator", is amended as follows:
    >>> To allow radio equipment housing on article 2(3) land up to 2.5 cubic metres without prior approval or greater than 2.5 cubic metres subject to prior approval.
    >>> To remove the volume limits and the requirement for prior approval (except within an SSSI) for radio equipment housing within a "permitted compound".
    >>> To increase the height and width limits (except within an SSSI) for ground-based masts.
    >>> To allow building-based masts within 20m of the highway on buildings that are on unprotected land and less than 15m in height.
    >>> To remove the requirement for prior approval for building-based masts on unprotected land where the mast is up to 6m higher than the building.
    >>> To require the developer and the LPA to notify and consult (respectively) the Civil Aviation Authority or the Secretary of State for Defence in the case of a mast within a "civil safeguarding area" or a "defence safeguarding area" (respectively).
    >>> To amend and introduce several conditions relating to the visual impact and siting of the development (including its impact on the accessibility of the footway and premises).

PART 16 CLASS A - AMENDED PD RIGHTS for development by, or on behalf of, an "electronic communications code operator":

  • Part 16 Class A allows various development by, or on behalf of, an "electronic communications code operator".
  • The "Explanatory Note" (link) at the end of SI 2022 No. 278 includes the following information:
    - "The amendments made by [SI 2022 No. 278]—
    >>> (a) relax restrictions on development consisting of the installation, alteration or replacement of radio equipment housing and ground- and building-based masts by adjusting—
    >>> >>> (i) limits on increases to the volume and dimensions of apparatus allowed under existing permitted development rights;
    >>> >>> (ii) requirements to obtain prior approval for certain descriptions of such development;
    >>> (b) introduce new conditions so that—
    >>> >>> (i) the visual impact of certain descriptions of development is minimised as far as practicable;

    >>> >>> (ii) the siting of certain descriptions of development does not prevent pedestrians passing along a footway; does not prevent access to premises; and is determined having regard to the needs disabled people and relevant guidance;
    >>> (c) require that relevant authorities and operators are notified and, in some cases, consulted in respect of certain development on areas safeguarded in the interests of national security.".
  • Note: For a summary of the amendments, please view paragraphs 7.4-7.20 within the "Explanatory Memorandum" (link) to SI 2022 No. 278.

Other Sources of Information:

  • August 2019: Proposed reforms to permitted development rights to support the deployment of 5G and extend mobile coverage - Consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • July 2020: Government response to the consultation on proposed reforms to permitted development rights to support the deployment of 5G and extend mobile coverage (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • April 2021: Changes to permitted development rights for electronic communications infrastructure - technical consultation (pdf print version of HTML webpage) (link).
    - Note: For more information about the above document, please view this post.
  • March 2022: Changes to permitted development rights for electronic communications infrastructure - Government response to the technical consultation (link) (pdf print version of HTML webpage).
    - Note: For more information about the above document, please view this post.
  • March 2022: "Explanatory Memorandum" to SI 2022 No. 278 (pdf) (link).

Updates to the Planning Jungle website: