OpenLegislation

Paragraph 68

Scotland

(1)

The installation, alteration or replacement on any building or other structure of F1an F2microwave antenna and any structure intended for the support of a F3... microwave antenna.

(F42)

Development is not permitted by this class if–

(a)

the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

(F5aa)

the development is permitted by class 4A(1);

(b)

the development is permitted by Part 20;

(c)

it would result in the presence on the building or structure of–

(i)

more than four microwave antennas;

(ii)

more than two microwave antennas which face onto, and are visible from, a road;

(iii)

a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(iv)

more than two microwave antennas each exceeding 130 centimetres in length and any other antenna exceeding 60 centimetres in length; or

(v)

a microwave antenna with a cubic capacity in excess of 35 litres.

(d)

in a designated area it would result in–

(i)

more than two microwave antennas;

(ii)

the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road;

(iii)

more than one microwave antenna exceeding 60 centimetres in length;

(iv)

any microwave antenna which exceeds 60 centimetres in length exceeding 100 centimetres in length; or

(v)

for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure being higher than the highest part of the roof.

(e)

for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

(f)

for a building or structure under 15 metres in height, with a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(g)

for a building or structure under 15 metres in height, without a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the roof; or

(h)

it involves construction or installation of a ground based mast.

(3)

Development is permitted by this class subject to the following conditions—

(a)

the antenna shall, so far is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

(F6b)

a microwave antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable;

(c)

the length of a microwave antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

(F74)

For the purposes of this class–

  • “designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument.

Annotations

Textual amendments

F1

Words in Sch. 1 Pt. 21 Class 68 substituted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(3)(a)

F2

Words in Sch. 1 Pt. 21 Class 68(1) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(a)

F3

Word in Sch. 1 Pt. 21 Class 68 omitted (23.7.2001) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(3)(a)

F4

Sch. 1 Pt. 21 Class 68(2) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(b)

F5

Sch. 1 Pt. 21 Class 68(2)(aa) inserted (6.2.2012) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(11)

F6

Sch. 1 Pt. 21 Class 68(3)(b)(c) substituted for Sch. 1 Pt. 21 Class 68(3)(b) (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(c)

F7

Sch. 1 Pt. 21 Class 68(4) inserted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(d)

Notes on Part 21

Textual amendments

F1

Words in Sch. 1 Pt. 21 heading substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 3 para. 1(2)(b)

Commencement

I1

Sch. 1 Pt. 21 in force at 13.3.1992, see art. 1(4)