NOTE: There have been further changes to the law since this blog post was published. The position is now governed by the GPDO 2015.
Those busy bees at De-CLoG are still hard at it. Their latest production is the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2013 (SI 2013/1868) which comes into force on 21 August 2013 (in England only). This is fairly specialist stuff, but taken together with other recent changes to the GPDO, it represents a further liberalisation of the control regime for telecoms code operators.
The amendment permits replacement or alteration of existing freestanding masts except on “Article 1(5) land” or in an SSSI. The altered or replacement mast can be up to 20 metres high and up to one third wider than the existing mast. Larger aerial dishes and extra aerial systems can now be attached to certain buildings and structures.
Several other amendments are made to the requirements for prior approval, and where the code operator and the LPA agree minor amendments to a previously approved proposal under the prior approval procedure, a fresh prior approval application will not now be required.
© MARTIN H GOODALL
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