Regulation 5 Installation of electronic communications apparatusI1
United Kingdom
A code operator must give F128 days’ notice, in writing, to the planning authority for the area in question where—
the code operator has not previously installed electronic communications apparatus in the area and (subject to paragraph (1A)) is intending to install such apparatus in that area;
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—
the code operator is not required to obtain planning permission under the Planning Acts;
planning permission is granted under a development order; or
in relation to England, the code operator intends to carry out a matter specified in paragraph (1BA) for which—
the code operator is not required to obtain planning permission under the Planning Acts; or
planning permission is granted under a development order and is not subject to the prior approval process; or
the code operator intends to install in that area any fixed-line broadband pole, fixed-line broadband cabinet or overhead fixed-line broadband line which is not a service line.
the matters referred to in paragraphs (1)(b) and (1)(ba) are—
the installation of a cabinet, box, pillar, pedestal or similar apparatus; and
the installation, alteration or replacement of a mast.
A code operator is not required to give notice in relation to apparatus in paragraph (1)(a) where the apparatus is–
an underground line;
a service line; or
a line permitted to be installed above ground pursuant to Regulation 4(1)(a) to (d) or 4(1)(e).
The notice to be given under paragraph (1) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.
The description required in paragraph (2) shall include whether or not the apparatus is fixed-line broadband electronic communications apparatus.
Where a code operator has given notice under paragraph (1), the planning authority may, within F828 days of the receipt of that notice, give the code operator written notice of conditions with which the planning authority wishes him to comply in respect of the installation F9, alteration or replacement of the apparatus, but he is not obliged to comply with those conditions to the extent that they are unreasonable in all the circumstances.
A code operator is exempt from paragraph (1) if—
the electronic communications apparatus he intends to install is to be installed inside a building or other permanent structure;
the apparatus is to be installed for the purpose of providing a temporary electronic communications network under regulation 15; F10...
the apparatus he intends to install is to be attached to or supported by poles or pylons which are used for the transport of electricity at a nominal voltage of at least 6000 volts F11; or
he is undertaking emergency works and he has provided the planning authority with an expected date of completion and a statement of the grounds for the need to execute the works.
Where a code operator installs electronic communications apparatus underground in a maintainable highway or a street or, in Scotland, a public road or a road he shall place that apparatus in the verge or footway rather than the carriageway unless it is not reasonably practicable to do so.
Annotations
Textual amendments
- F1
Words in reg. 5(1) substituted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(a) (with reg. 1(2))
- F2
Words in reg. 5(1)(a) substituted (27.6.2013) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403), reg. 1, Sch. para. 3(a) (with reg. 3) (as amended (7.8.2017) by S.I. 2017/753, regs. 1, 7)
- F3
Reg. 5(1)(b)(ba) substituted (7.8.2017) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017 (S.I. 2017/753), regs. 1, 4(a) (with reg. 2)
- F4
Reg. 5(1)(c) inserted (27.6.2013) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403), reg. 1, Sch. para. 3(c) (with reg. 3) (as amended (7.8.2017) by S.I. 2017/753, regs. 1, 7)
- F5
Reg. 5(1ZA) inserted (7.8.2017) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017 (S.I. 2017/753), regs. 1, 4(b) (with reg. 2)
- F6
Reg. 5(1A) inserted (27.6.2013) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403), reg. 1, Sch. para. 3(d) (with reg. 3) (as amended (7.8.2017) by S.I. 2017/753, regs. 1, 7)
- F7
Reg. 5(2A) inserted (27.6.2013) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403), reg. 1, Sch. para. 3(e) (with reg. 3) (as amended (7.8.2017) by S.I. 2017/753, regs. 1, 7)
- F8
Words in reg. 5(3) substituted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(c)(i) (with reg. 1(2))
- F9
Words in reg. 5(3) inserted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(c)(ii) (with reg. 1(2))
- F10
Word in reg. 5(4)(b) omitted (24.11.2016) by virtue of The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(d)(i) (with reg. 1(2))
- F11
Word in reg. 5(4)(c) inserted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(d)(ii) (with reg. 1(2))
- F12
Reg. 5(4)(d) inserted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 5(d)(iii) (with reg. 1(2))
Commencement
- I1
Reg. 5 in force at 23.10.2003, see reg. 1