Digital telecommunications: planning guidance

Annex A

Permitted Development Rights – subject to ‘Prior Approval’ of the planning authority.

1. Certain types of permitted development rights (PDR) under Class 67 of the General Permitted Development Order (GPDO) are subject to a condition that the developer must seek ‘prior approval’ of the planning authority.

2. There are two different processes under Class 67 in relation to a prior approval. Those processes are briefly summarised below and should be read in conjunction with the legislation set out in class 67 of GPDO and Annex G of Circular - non domestic permitted development rights. The Circular provides further background information on PDRs, explains what telecommunications development are subject to prior approval, the prior approval processes involved - including what information must accompany an application to the planning authority for their prior approval e.g. application form, plans sufficient to identify the site and its relationship with the surrounding land, dimensions, appearance etc. It is essential that authorities acknowledge receipt of each application which is seeking their decision on whether prior approval is required, giving the date on which it was received, so that the developer will know when the 28/56 day period begins.

Prior Approval for a new ground based mast which applies in certain circumstances.

3. While new ground based masts within the specified parameter within PDR should generally be acceptable in principle in planning terms, the planning authority can impose a requirement for prior approval with regard to siting and/or appearance of a specific proposal.

4, The developer must, therefore, submit an application to the planning authority for a determination as to whether their prior approval is required in respect of the siting and appearance of a new ground based mast (the PDR applies with certain height restriction and locations), as specified under Class 67 of the GPDO. The planning authority are, under the terms of the GPDO, only to consider the siting and/or appearance of the development when an application is made to them. The same restrictions apply should a subsequent appeal be made.

5. The developer must serve advance notice of the proposed works on any other owners and any agricultural tenants of the land. The planning authority undertakes neighbour notification and, as required, consults statutory bodies with an interest – e.g. Naturescot, Historic Environment Scotland or aviation/defence interests. This allows a period of at least 14 days for interested parties to make representations on the siting and appearance of the proposal to the planning authority for their consideration.

6. This prior approval procedure for a new mast allows for a period of up to 56 days, from when the planning authority receives the application, or longer period as is agreed in writing with the planning authority, for a determination to be made, within which the planning authority is to issue their decision on whether prior approval is required and, if it is, to issue a decision on whether it is granted or not.

7. Development may not commence until either:

• the planning authority confirms that prior approval is not required
• the planning authority confirms that prior approval is required and then gives that approval; or
• a period of 56 days (or longer period as may be agreed in writing with the planning authority) has expired after the date of the application without the planning authority either having confirmed that prior approval is required or, if it is required, having given or refused it.

8. Where no decision is given on whether or not to grant prior approval within the 56 days (or within an agreed extension between the planning authority and the developer), the developer can proceed on the basis of the details submitted with the application for determination.

9. There is a right of appeal to Scottish Ministers against the refusal of such an application, or against conditions attached to a grant of prior approval. (Insofar as they relate to the matters specified in Class 67). Since development can commence after the expiry of the 56 day (or longer if agreed) period, there is no right of appeal against the failure to respond to or determine such an application under this requirement.

Prior Approval that applies to certain apparatus on buildings and underground

10. In certain circumstances as detailed in Class 67 of the GPDO, before beginning development, the developer must apply to the planning authority as to whether prior approval will be required.

11. The development may not commence until either -

• the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required.
• the planning authority has given the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval.
• the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination.

12. Where a prior approval application has been made and the authority has given notice that prior approval of the authority is required, the development cannot proceed until that approval is given.

13. The planning authority’s consideration of applications for prior approval is limited to those matters specified in the relevant section of Class 67 of the GPDO (i.e., siting, appearance etc). Planning policies are relevant to the extent that they relate to these matters.

14. If the developer were to proceed without submitting the necessary details or without, or in contravention of, the planning authority’s approval, the development becomes liable to enforcement action.