# The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016, Regulation 7: Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003


In regulation 7 (listed buildings and ancient monuments), for paragraph (1) substitute—
“(1) Subject to regulation 7A, a code operator may install, alter or replace electronic communications apparatus in proximity to a building shown as grade I, grade II* or category A in the statutory list of buildings, or in relation to Northern Ireland, a building shown on the statutory list of buildings, if the conditions in paragraphs (1A) or (1B) are satisfied.
(1A) In relation to Northern Ireland, Scotland or Wales, the conditions are that—
(a) the code operator has given written notice to the planning authority and the planning authority has not objected in writing to the installation, alteration or replacement of the electronic communications apparatus within—
(i) 28 days of the notice being given in relation to apparatus for which planning permission is not required under the Planning Acts or for which planning permission is granted under a development order; or
(ii) 56 days of the notice being given in relation to apparatus for which planning permission is required under the Planning Acts and for which planning permission is not granted under a development order; or
(b) if the planning authority has previously objected to the installation of the electronics communications apparatus, it has given written notice of the withdrawal of its objection; or
(c) in Scotland or Wales, the Secretary of State, after consulting with the planning authority directs that the code operator may install the electronic communications apparatus in proximity to a building of a description falling within paragraph (1).
(1B) In relation to England, the conditions are that the code operator has—
(i) given notice to the planning authority under regulation 5;
(ii) submitted a planning application under the Town and Country Planning Act 1990; or
(iii) submitted an application to the planning authority for a determination as to whether the authority must follow the prior approval process.”.

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Source: https://www.legislation.gov.uk/uksi/2016/1049/regulation/7 (the official version)
Page: https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-amendment-regulations-2016/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.