Regulation 4 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

for paragraphs (1)(b) and (1)(ba) substitute—

“(b)

in relation to Northern Ireland, Scotland or Wales, the code operator has not given notice under regulations 6, 7 or 8 to the planning authority for the area that the code operator intends to carry out a matter specified in paragraph (1ZA) for which—

(i)

the code operator is not required to obtain planning permission under the Planning Acts;

(ii)

planning permission is granted under a development order; or

(ba)

in relation to England, the code operator intends to carry out a matter specified in paragraph (1BA) for which—

(i)

the code operator is not required to obtain planning permission under the Planning Acts; or

(ii)

planning permission is granted under a development order and is not subject to the prior approval process; or”

before paragraph (1A), insert—

“(1ZA)

the matters referred to in paragraphs (1)(b) and (1)(ba) are—

(i)

the installation of a cabinet, box, pillar, pedestal or similar apparatus; and

(ii)

the installation, alteration or replacement of a mast.”.