Regulation 3 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

In regulation 2(2) (interpretation)—

(a)

in the definition of “conservation area”, in paragraph (c), for “article 50 of the Planning (Northern Ireland) Order 1991^f1” substitute “section 104 of the Planning Act (Northern Ireland) 2011^f2”;

(b)

after the definition of “conservation area” insert—

““development order” means a development order made under section 59 of the Town and Country Planning Act 1990^f3, section 30 of the Town and Country Planning (Scotland) Act 1997^f4 or section 32 of the Planning Act (Northern Ireland) 2011;”;

(c)

omit the definition of “natural heritage area”;

(d)

after the definition of “overhead fixed-line broadband line”^f5 insert—

““Planning Acts” means the Town and Country Planning Act 1990, the Town and Country Planning Act (Scotland) 1997 and the Planning Act (Northern Ireland) 2011;”

(e)

in the definition of “planning authority”—

(i)

in paragraph (a), after “section 1(1) or (2)” insert “, section 4A and section 5”;

(ii)

in paragraph (b), after “section 1(1B) or (2)” insert “and section 4A”; and

(iii)

in paragraph (d), for the “Department of the Environment”, substitute “Department for Infrastructure or a district council”;

(f)

after the definition of “planning authority” insert—

““prior approval process” means the prior approval process under Schedule 2, Part 16, paragraph A3 of the Town and Country Planning (General Permitted Development) (England) Order 2015^f6;”; and

(g)

in the definition of “statutory list of buildings”, in paragraph (c), for “article 42 of the Planning (Northern Ireland) Order 1991” substitute “section 80 of the Planning Act (Northern Ireland) 2011”.

Annotations

Footnotes

f1: S.I. 1991/1220 (N.I.11)
f2: 2011 c.25 (NI).
f3: 1990 c.8.
f4: 1997 c.8.
f5: The definition of “overhead fixed-line broadband line” was inserted by S.I. 2013/1403.
f6: S.I. 2015/596 amended by S.I. 2016/332.