Regulation 7 Listed buildings and ancient monumentsI1

United Kingdom

F1(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.

(2)

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.

(3)

A code operator is exempt from paragraph (1) if—

(a)

the apparatus is to be installed for the purpose of providing a temporary electronic communications network under regulation 15; or

(b)

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.

Annotations

Textual amendments

F1: Reg. 7(1)-(1B) substituted for reg. 7(1) (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 7 (with reg. 1(2))

Commencement

I1: Reg. 7 in force at 23.10.2003, see reg. 1