Digital telecommunications: planning guidance

2 Overview of the land use planning system

2.1 The purpose of land use planning is to manage the development and use of land in the long-term public interest. For telecommunications and digital connectivity, this means ensuring that Scotland’s connectivity aspirations are met, whilst respecting the built, historic and natural environment, and ensuring proposals comply with safety aspects within safeguarded areas (for example near an airport or Ministry of Defence site).

2.2 At the heart of the Scottish planning system is the principle that the development of land requires planning permission before it can be carried out. The Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) provides that development means the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any buildings or other land^[1].

The Development Plan

2.3 The Scottish planning system is “plan-led”, which means that the development plan is the starting point for decisions on applications for planning permission. By law, planning applications must be determined in accordance with the development plan for the area unless material considerations indicate otherwise (Section 25 of the 1997 Act. refers). Such decisions are generally taken at the most local administrative level.

2.4 The development plan comprises:

• The National Planning Framework
• The applicable Local Development Plan

The National Planning Framework

2.5 This is Scotland’s fourth National Planning Framework (NPF4), which was adopted in 2023. It is a plan for Scotland’s long term development which guides where development and infrastructure is needed, sets out national planning policies, designates national developments and highlights regional spatial priorities.

2.6 NPF4 seeks to encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking. For the purpose of applying the Infrastructure First policy the meaning of infrastructure applies to communications – including digital and telecommunications networks and connections. NPF4 encourages, promotes and facilitates the roll-out of digital infrastructure across Scotland to unlock the potential of all our places and the economy, support local living and reduce the need to travel. NPF4 (Policy 24) states that development proposals will be supported:

• that incorporate appropriate future-proofed digital infrastructure.
• that deliver new digital services or provide technological improvements, particularly in areas with no or low connectivity capacity.
• where proposals are clearly aligned to the delivery of local or national programmes for the roll-out of digital infrastructure.
• that deliver new connectivity where there are benefits for communities and the local economy.

and will only be supported:

• where the visual and amenity impacts have been minimised through careful siting, design, height, materials and landscaping, taking into account cumulative impacts and relevant technical constraints.
• where it has been demonstrated that before erecting a new ground based mast the possibility of erecting antennas on an existing building, mast or other structure, replacing an existing mast and/or site sharing has been explored.
• where there is no physical obstruction to aerodrome operations, technical sites or existing transmitter/receiver facilities.

2.7 A ‘Digital Fibre Network’ is designated as a “national development” by NPF4. See paragraphs 2.11 to 2.18 on planning applications which explains the development hierarchy. This NPF4 designation “supports the continued roll-out of world class broadband across Scotland. Our strategy requires enhanced digital connectivity to provide high speed broadband or equivalent mobile services, prioritising those areas with weaker networks as part of the R100 programme….” ^[2]. This means works to deliver it could occur in any planning authority area and where the classes of national developments are met, planning applications should be processed as national developments rather than as a major application. NPF4 spatial strategy refers to this national development as a: “fundamentally important utility, required to support development, community wellbeing, equal access to goods and services, and emissions reduction from reduced demand for travel”.

Local Development Plans

2.8 Local Development Plans (LDPs) set out how our local places will change into the future, including where development should and should not happen. It is a legal requirement for planning authorities to prepare LDPs.

2.9 LDPs should take account of the overall policy approach, as set out in Policy 24 of NPF4, to support the delivery of digital infrastructure, particularly in areas with gaps in connectivity and barriers to digital access. Planning authorities must have regard to Regional Spatial Strategies (RSS) in the preparation of their LDPs. Once statutory guidance on RSS has been prepared and adopted, the duty to prepare RSS will come into force. RSS will provide a long-term spatial strategy which specify the area/s to which they relate, and identify:

• the need for strategic development.
• the outcomes to which strategic development will contribute.
• priorities for the delivery of strategic development.
• proposed locations, shown in the form of a map or diagram.

2.10 LDPs should identify and support national developments which are located in their area of coverage.

Planning Applications

2.11 The specific procedures by which an application will be processed are dependent on whether the proposed development is classified as “national”, “major” or “local” under the development hierarchy. More information on the hierarchy of developments is contained in Circular 5/2009. Specific provisions will also apply if a development is subject to an Environmental Impact Assessment (EIA). More information on the EIA regulations is contained in Circular 1/2017.

2.12 Some minor operations or changes of use of land may not constitute development which requires planning permission. For example, many of the smallest antenna systems may be covered by the normal principle of de minimis^[3]; or they may not have a material effect on the external appearance of the building, and therefore may not fall within the legal definition of ‘development’ requiring planning permission. However, other consents may still be required e.g., listed building consent or scheduled monument consent.

2.13 Once a valid planning application is submitted, planning authorities generally have up to 4 months to reach a decision on proposed national or major developments (and all EIA developments), and up to 2 months to determine proposed local developments.

2.14 Depending on the scale, nature and location of a proposed development, the planning authority may be required to consult with statutory consultees (e.g. NatureScot, the Scottish Environment Protection Agency, Historic Environment Scotland or, as regards safeguarded sites^[4], ‘relevant bodies’ such as the Secretary of State for Defence or airport operators) to help inform the decision-making process.

2.15 More information on applying for listed building consent and scheduled monument consent is available here: Applying for Consents | Historic Environment Scotland | History

2.16 In reaching a decision on a planning application, the authority will consider what, if any, mitigation is necessary to make development acceptable in planning terms. For example, the localised impacts of ground-based apparatus may be such that the planning authority considers the provision of landscaping is required if planning permission is to be granted.

2.17 Planning authorities may consider the use of planning conditions and/or obligations for securing such mitigation. More information on the use of planning conditions and obligations can be found in Circular 4/1998 and Circular 3/2012, respectively.

2.18 The Scottish Ministers attach great importance to the prompt and efficient handling of planning matters as any undue delays could have serious consequences for the overall aims of infrastructure roll-out.

Permitted Development Rights

2.19 Permitted Development Rights (PDR) refers to those types of development which are granted planning permission through national legislation in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the GPDO”), meaning they can be carried out without a planning application.

2.20 PDR are organised into a series of “classes”: each class specifies the type(s) of development for which planning permission is granted. Most PDR are subject to conditions and/or restrictions. These may, for example, specify the maximum size or scale of what is permitted, restrict or dis-apply the rights in certain locations (e.g., conservation areas or national scenic areas), or provide that the PDR only apply to certain developers (e.g., statutory undertakers).

2.21 Class 67 of the GPDO sets out the PDR for development by or on behalf of an electronic communications code operator (ECCO) for the purposes of the operator’s electronic communication network in, on, over land controlled by that operator or in accordance with the Electronic Communications Code. Class 67 covers a variety of different types of digital and telecommunications infrastructure, equipment and apparatus. Additional information can be found in Annex G of Circular - non domestic permitted development rights which sets out what sort of developments can be carried out and the limitations which apply in certain designated areas and other key provisions.

2.22 PDR do not alter or dis-apply the requirements of other regulatory regimes which must by complied with. For example, there may be a requirement to secure listed building consent, scheduled monument consent or to meet requirements under the Nature Conservation (Scotland) Act 2004 or the Conservation (Natural Habitats &c.) Regulations 1994.

2.23 Where an existing ground based mast is to be increased in height and/or replaced under PDR in a safeguarded area around an aerodrome, technical site, meteorological technical site or military storage area, the developer must notify the relevant body, which is:

• the owner or operator of the aerodrome or technical sites identified on the map identified by the Civil Aviation Authority.
• the Secretary of State for Defence.
• the Met Office.

2.24 Planning authorities can advise developers whether a site is within a safeguarded area and which body should be notified. Similar requirements apply to PDR for new ground based masts in safeguarded areas and link to a prior notification/prior approval process.

2.25 PDR for certain types of development within Class 67 is subject to the condition that the developer must give written notice to the planning authority of their intention to carry out the development at least 28 days before development is to commence and must include a detailed description of the development, a plan showing its location and, if relevant, an International Commission on Non-ionizing Radiation Protection (ICNIRP) declaration (paragraphs 4.6 and 4.7 refer).

The granting of PDR subject to ‘prior approval’ regime

2.26 Depending on the type of development proposed under Class 67, the developer may need to, before carrying out the relevant works, apply to the planning authority for a determination as to whether prior approval is required in relation to certain aspects of the proposed development, such as its siting and design. Planning authorities have set timescales within which to make a determination as to whether prior approval is required and also to grant or refuse prior approval.

2.27 When determining applications for prior approval, it should be noted that the principle of the development is already established through the GPDO. Only policies relating to those matters subject to prior approval can be taken into account.

2.28 Prior approval can be granted or refused by the planning authority. There is a right of appeal to Scottish Ministers against the refusal of prior approval or against conditions attached to the grant of prior approval, as prescribed in Class 67 of the GPDO.

2.29 More information on the prior approval regimes which apply under Class 67 is contained within Annex A of this document and within Annex G of Circular - non domestic permitted development rights.