Changes to permitted development rights for electronic communications infrastructure

Last April we wrote an insight about the Government's technical consultation seeking views on proposals for changes to permitted development rights for electronic communications equipment in England.

Within the context of the Government's mission that by 2030 the UK will have nationwide gigabit-capable broadband and 4G coverage, with 5G coverage for the majority of the population, the proposals allowed for wider permitted development rights. The Government aims to ensure that the planning system supports the delivery of mobile infrastructure and the consultation proposals included extended permitted development rights for electronic communications equipment in locations with an environmental designation, such as Conservation Areas, Areas of Outstanding Natural Beauty, National Parks, World Heritage Sites (Article 2(3) land). The proposals sought to balance the benefits of improved connectivity with local control and environmental protection.

The Government received 3,243 responses and issued the outcome of the consultation on 7 March 2022, setting out the changes to permitted development rights that will be implemented, as summarised below.

Enabling deployment of radio equipment housing

• Single developments of small radio equipment housing up to 2.5m3 will be permitted on Article 2(3) land without prior approval.  'Single development' means each unit of equipment housing, rather than all housing deployed at one time.
• Single developments of small radio equipment housing exceeding 2.5m3 will be permitted on Article 2(3) land, subject to prior approval.
• The volume limits on radio equipment housing will be disapplied where the housing is located in a compound. A compound must be fenced with a perimeter wall or fence and have a maximum ground area of 100m2.  This will be subject to a condition to ensure any visual impacts are minimised as far as is practicable.

Strengthening existing ground-based masts

• For existing ground-based masts less than one metre wide, alteration or replacement with increases in width up to two-thirds will be permitted without prior approval. This will apply to all land, including Article 2(3) land.  Greater increases in width will be permitted subject to prior approval.
• For existing ground-based masts that are at least one metre wide, alteration or replacement of the mast with increases in width up to one-half or two metres (whichever is greater) will be permitted without prior approval.  This will apply to all land, including Article 2(3) land.  Greater increases in width will be permitted subject to prior approval.
• For existing ground-based masts, increases in height up to 25 metres will be permitted subject to prior approval on Article 2(3) land or land on a highway.
• For existing ground-based masts, increases in height up to 25 metres will be permitted without prior approval in unprotected areas. Increases in height up to 30 metres will be permitted subject to prior approval.
• Regulations on how width increases are calculated will be amended to make clear that increases should be calculated by comparing the width at the widest parts of the existing and new masts.

Building-based masts

• The following will be permitted subject to prior approval on buildings less than 15 metres in height in unprotected areas: the installation, alteration or replacement of building-based masts up to 10 metres in height above the tallest part of the building within 20 metres of the highway.
• The following will be permitted without prior approval in unprotected areas: the installation, alteration or replacement of building-based masts up to 6 metres in height above the tallest part of the building.

New ground-based masts

• The installation of new ground-based masts up to 25 metres in height will be permitted on Article 2(3) land subject to prior approval.
• The installation of new ground-based masts up to 30 metres in height will be permitted in unprotected areas subject to prior approval.

Other changes

As well as the above changes to permitted development rights, a number of additional changes will be put in place.  

Prior notification will be required for the installation or works to a mast on land within a safeguarding area (aerodromes, technical sites and defence assets), which will be identified on a map.

To avoid any potential ambiguity resulting from technological innovation, the definition of 'small cell systems' will be updated so that this encompasses new and emerging types of small cell technology.

The responses to the consultation included concerns about the visual impact of electronic communications equipment. To address these, new planning conditions will be introduced that require Code operators to minimise the visual impact of new network development, in particularly in relation to Article 2(3) land, as well as to minimise the impact on accessibility to land.

Where will the new permitted development rights apply?

The new permitted development rights will only apply in England. Note that the changes do not apply to sites of special scientific interest, listed buildings and their curtilage or sites that are or contain scheduled monuments.

Implementation

Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 will be amended through secondary legislation to bring the changes into effect.  The Government has not committed to a time frame, so watch this space.

How can we help?

TLT’s planning lawyers are experienced in a full range of planning matters.  If you would like to discuss your requirements, please get in touch.

Contributor: Florien Stone

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2022. Specific advice should be sought for specific cases. For more information see our terms & conditions.