Permitted development rights - phase 1 priority development types: consultation

Annex A: Digital Communications Infrastructure: Additional information

The Prior Notification/Prior Approval Regime for Digital Telecommunications Infrastructure

A.1 The Prior Notification/Prior Approval regime means before beginning development, developers must ask the planning authority whether its prior approval of specified aspects of the development is required or not.

A.2 The PDR for new ground based masts has a particular form of prior notification/ prior approval, which involves neighbour notification and other requirements, and a 56 day period within which the planning authority has to respond to indicate whether its prior approval is required and, if so, whether or not it is granted. If a planning authority does not issue a decision within 56 days, the developer can proceed.

A.3 Further details can be found in Annex G (paragraphs 66 to 96) of the revised Circular 2/2015 on Non-domestic Permitted Development Rights^[17]

A.4 Prior approval would not apply where Class 67 PD rights are exercised in an emergency.

A.5 In other areas of PDR, the more standard version of prior notification/ prior approval, involves prior notification, from which the planning authority has 28 days to indicate whether its prior approval is required. If it does so, then development cannot proceed unless and until prior approval is granted. There are rights of appeal to Scottish Ministers^[18] if a decision on prior approval is not issued within statutory timescales or where prior approval is refused.

Note: In this consultation paper, other than proposals regarding PDR in relation to new ground based masts, reference to using prior notification/prior approval should be taken to mean the standard version. If you consider some other form of prior notification/ prior approval should apply, please signal this in your answer.