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Publication - Guidance

Planning Circular 2/2015: Consolidated Circular on Non-Domestic Permitted Development Rights

Published: 24 Nov 2015
Part of:
Building, planning and design, Research
ISBN:
9781785444746v2.0

This Circular consolidates, updates and replaces certain previous guidance on non-domestic Permitted Development Rights (‘PDRs’).

Contents
Planning Circular 2/2015: Consolidated Circular on Non-Domestic Permitted Development Rights
Footnotes

Footnotes

1. ‘Notifiable pipeline’ means a pipeline used for dangerous liquids such as oil, ammonia, etc or gases such as natural gas. These have to be notified to the Health and Safety Executive prior to construction work.

2. S.I. 1994/2716

3. Circular 1/2008 covered amendments to Class 72A which extended the temporary permitted development rights for housing birds in the event of a Bird Flu epidemic for a further 12 month period.

4. Circular 6/2007 covered the creation of Class 72A of the GPDO which created temporary permitted development rights for housing birds in the event of a Bird Flu outbreak. The temporary PDR were put in place for 12 months.

5. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) (SI 1992 No.223) .

6. These private ways are commonly referred to as tracks or hill tracks, although the legislation applies to all agricultural and forestry tracks regardless of location or elevation.

7. Agricultural land is defined for this purpose as land that is in use for agriculture and which is so used for the purposes of a trade or business. Gardens are specifically excluded.

8. The area of 0.4 hectares must be one piece of land except in certain planning authority areas (Argyll & Bute, Highland, Orkney, Shetland and the Western Isles) where it can be calculated by adding together the area of separate parcels of land.

9. The Town and Country Planning (Environmental Impact Assessment)(Scotland) Regulations 2017, S.S.I. 2017/102

10. S.S.I. 2017/113

11. The Town and Country Planning (Restriction of Permitted Development) (National Scenic Areas) (Scotland) Direction 1987

12. S.I. 1994/2716

13. A prior notification is taken to be valid on the date that the last piece of information required to accompany the prior notification is received by the planning authority. This may not necessarily be the same date as that on which the information was sent to the planning authority; for example, if the information was sent by post.

14. The Communications Act 2003, see paragraph 2 in Schedule 3A and Section 405: http://www.legislation.gov.uk/ukpga/2003/21/contents. [Note: the text of Schedule 3A may need to be accessed through the drop down menu of ‘outstanding changes’ on this web version of the 2003 Act.]

15. Historic Environment Scotland have guidance on ‘Managing Change in the Historic Environment: Setting’ - https://www.historicenvironment.scot/advice-and-support/planning-and-guidance/legislation-and-guidance/managing-change-in-the-historic-environment-guidance-notes/ (see also paragraph 53).

16. The maximum of two small antennas applies across a dwellinghouse and its curtilage (e.g. not two on the dwellinghouse and two in the curtilage), and there are additional locational restrictions in this regard.

17. A ‘link antenna’ consists of a satellite antenna on a separate structure (up to four metres in height) and ancillary equipment where this is all located within the compound of an existing ground based mast – where such a compound has been established by a grant of planning permission or prior approval.

18. The Nature Conservation (Scotland) Act 2004 http://www.legislation.gov.uk/asp/2004/6/contents

19. For example; cabinets to house Digital Subscriber Line Access Multiplexer (DSLAM’s) and Primary Cross Connection Points (PCP’s).

20. A “ground based mast” means a mast constructed or installed either directly or on a plinth or other structure constructed or installed for the purpose of supporting the mast. “mast” means a structure erected by or on behalf of an electronic communications code operator for the support of one or more antennas and includes any mast, pole, tower or other similar structure.

21. The exceptions are; a public call box; any apparatus which does not project above the surface of the ground; equipment housing; any kind of antenna; or a ground based mast.

22. ‘Building’ includes any structure other than plant or machinery or gate, wall, fence or other means of enclosure

23. ‘Small antenna’ means an antenna which-operates on a point to multi-point or area basis in connection with an electronic communications service;

(b) may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;

(c) does not, in any two dimensional measurement, have a surface area exceeding 5,000 square centimetres; and

(d) does not have a volume exceeding 50,000 cubic centimetres,

And any calculation for the purposes of heads (c) and (d) is to include any power supply unit or

casing, but excludes any mounting, fixing, bracket or other support structure.

24. ‘Small cell system’ means a small antenna and any apparatus which is ancillary to that antenna.

25. International Commission on Non-ionising Radiation Protection

26. The radiofrequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 (1999/519/EC) on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300 GHz)

27. The Communications Act 2003: http://www.legislation.gov.uk/ukpga/2003/21/contents - Schedule 3A paragraph 51. [Note: the text of Schedule 3A may need to be accessed through the drop down menu of ‘outstanding changes’ on this web version of the 2003 Act.]

28. Although ‘link antenna’ falls with the definition of ‘ground based mast’, the prior notification and prior approval procedure does not apply where a ‘link antenna’ is being installed in relation to an existing ground based mast. Any ‘link antenna’ would need to be included where it was part of a proposal for a new ground based mast.

29. Unlike applications for planning permission, there is no requirement for planning authorities to publish notices in newspapers in such circumstances.

30. “neighbouring land” is defined in Article 7A(4) of the GPDO.

31. There are no requirement for newspaper notices in relation to this procedure under Class 67.


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