BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Statutory Instruments of the Scottish Parliament |
||
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010244.html |
[New search] [Help]
The Scottish Ministers, in exercise of the powers conferred by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and interpretation 1. - (1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2001 and shall come into force on 23rd July 2001. (2) In this Order, "the 1992 Order" means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[2]. Amendment of the 1992 Order 2. - (1) In article 2(1) of the 1992 Order (interpretation):
(b) in the definition of "satellite antenna" the word "microwave" shall be omitted; (c) the following definitions shall be inserted-
(b) a site of Community importance which has been placed on the list referred to in the third sub paragraph of Article 4(2) of Council Directive 92/43/EEC[4] on the conservation of natural habitats and of wild fauna and flora; (c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the said Council Directive 92/43/EEC, during the consultation period or pending a decision of the Council under Article 5(3); or (d) an area classified pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC[5] on the conservation of wild birds;";
(2) In Part 20 of Schedule 1 to the 1992 Order, for Class 67 substitute-
(1) Development by or on behalf of a telecommunications code system operator for the purpose of the operator's telecommunications system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of-
(b) the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunications apparatus required for the replacement of unserviceable telecommunication apparatus, including the provision of moveable structures on land for the purposes of that use; or (c) development involving the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the construction and subsequent use of equipment housing.
(2) Development is not permitted by this Class if-
(ii) would result in there being not more than two small antennas on the dwellinghouse, neither of which faces on to a road; or (iii) involves the installation of new overhead lines supported by existing poles;
(b) it involves construction or installation of a ground based mast;
(ii) 90 cubic metres in volume or, if greater, the current volume of the equipment housing which is being altered or replaced;
(f) it involves the installation on a building or other structure (other than a ground based mast) of apparatus, other than equipment housing, which would result in such apparatus exceeding 2 metres measured horizontally or (taken together with any equipment housing on which such apparatus is mounted) exceeding 4 metres in height;
(ii) 2 metres measured horizontally or, if greater, the current horizontal measurement of the apparatus which is being altered or replaced;
(h) it consists of development referred to at sub paragraph (1)(a) or (c) above which the operator requires to carry out in connection with development involving the construction or installation of a ground based mast for which planning permission has been granted, and the period within which the development must be begun has not yet expired;
(ii) 30 cubic metres in volume or, if greater, the current volume of the equipment housing which is being altered or replaced;
(k) in the case of the installation, alteration or replacement of any apparatus on a dwellinghouse or within the curtilage of a dwellinghouse, that apparatus-
(ii) being a small antenna-
(bb) is installed on a dwellinghouse so that the highest part of it would be higher than the highest part of the roof on which it would be installed; or (cc) is installed within a national scenic area, Natural Heritage Area, site of special scientific interest, European site, National Park, conservation area, historic garden or designed landscape, or within the curtilage of a Category A listed building or a scheduled monument, on any part of a dwellinghouse which faces on to a road,
(l) in the case of the installation, alteration or replacement of any apparatus, comprising a small antenna, on a dwellinghouse which is a category A listed building or within the curtilage of such dwellinghouse, that apparatus is installed on any part of the dwellinghouse or within any part of its curtilege which faces onto a road;
(ii) any apparatus which does not project above the surface of the ground; (iii) equipment housing; or (iv) any kind of antenna;
the ground or base area of the structure would exceed 1.5 square metres;
(ii) the development would result in there being more than 8 antennas on the building or structure;
(r) in the case of the installation alteration or replacement of an antenna on a building or other structure (excluding a ground based mast) not exceeding 15 metres in height or on taller buildings and structures where the development is to be located fewer than 15 metres above ground level-
(ii) the development would result in there being more than 4 antennas (other than small antennas) on the building or structure;
(s) it involves the construction of an access track of more than 50 metres in length.
(3)
(ii) in a case of emergency give written notice of such development as soon as possible after the emergency begins.
(b) The information notified in accordance with sub-sub-paragraph (a) above shall include a description (with specifications) of the apparatus and a plan showing the location and layout of the proposed development.
(4) Development involving the construction or installation of one or more antennas is not permitted by this class unless the developer has submitted in writing to the planning authority at the same time as carrying out the requisite notification procedure referred to at sub-paragraph (3)(a) or (b) above-
(b) a declaration that the proposed equipment and installation as detailed in the notification required by Class 67(3) 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 12 July 1999[8] on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz).
(5) Development under sub-paragraphs (1)(a) and (c) above is permitted subject to the condition that any antenna or supporting apparatus installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.
(b) if it was carried out under sub-paragraph (1)(a) and (c) in an emergency, within a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest, European site or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument, six months from the commencement of the use permitted or when the need for that use ceases whichever is the earlier; (c) if it was carried out under sub-paragraph (1)(b), six months from the commencement of the use permitted or when the need for that use ceases whichever is the earlier; or (d) in any other case as soon as it is no longer required for telecommunications purposes,
and such land, building or structure shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.
(b) does not exceed 50 centimetres in any linear measurement; and (c) does not, in two dimensional profile, have an area exceeding 1,591 square centimetres;
and any calculation for the purposes of (b) and (c) shall exclude any feed element, reinforcing rim mountings and brackets;
(3) In Class 68 in Part 21 of Schedule 1 of the 1992 Order-
(b) in place of sub-paragraph (2)(f), substitute "the development is in a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest; European Site or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument; or"; (c) after sub-paragraph (2)(f) insert the following sub-sub-paragraph:-
(d) radio equipment housing is only permitted:
[1]
1997 c.8. 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).back
[2]
S.I. 1992/223, amended by S.I. 1992/1078 and 2084, 1993/1036, 1994/1442, 2586 and 3294, 1996/252, 1266 and 3023, 1997/1871 and 3060 and 1998/1226.back
[4]
O.J. No. L 206, 22.7.92, p.7.back
[5]
O.J. No. L 103, 25.4.79, p.1.back
|
| © Crown copyright 2001 | Prepared 12 July 2001 |