Citation, commencement, interpretation and application

1. —(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2005 and shall come into force on 25th November 2005.

(2) In this Order “the principal Order” means the Town and Country Planning (General Permitted Development) Order 1995( 2 ).

(3) In this Order, any reference to Part 1 or Part 25 is a reference to that numbered Part of Schedule 2 to the principal Order.

(4) This Order applies in relation to England only.

Amendment of principal Order

2. In article 4 of the principal Order (directions restricting permitted development) in paragraph (5)(f) omit “satellite”.

Amendments to Part 1

3. —(1) In Class A of Part 1 (development within the curtilage of a dwellinghouse), in paragraph A.1(f), for “a satellite antenna” substitute “a microwave antenna”.

(2) In Class E of Part 1, in paragraph E.1(a), for “a satellite antenna” substitute “a microwave antenna”.

(3) In Class H of Part 1—

(a) in paragraph H, for “a satellite antenna” substitute “a microwave antenna”;

(b) for paragraph H.1 substitute—

“ H.1. Development is not permitted by Class H if—

(a) it would result in the presence on the dwellinghouse or within its curtilage of—

(i) more than two antennas;

(ii) a single antenna exceeding 100 centimetres in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney;

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna 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;

(d) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway;

(iii) on a building which exceeds 15 metres in height. ”

(c) for paragraph H.2(b) substitute—

“ (b) an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable ” ; and

(d) after H.2 add—

“ H.3. The relevant size criteria for the purpose of paragraph H.1(a)(iii) are that:

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

H.4. The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. ”

Amendments to Part 25

4. —(1) In Class A of Part 25 (Other telecommunications development)—

(a) for paragraph A.1 substitute—

“ A.1. Development is not permitted by Class A if—

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

(b) it would consist of development of a kind described in paragraph A of Part 24;

(c) it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 ( 3 ) (definitions of driver information systems etc );

(d) it would result in the presence on the building or structure of more than four antennas;

(e) in the case of an antenna installed on a chimney, the length of the antenna would exceed 60cm;

(f) in all other cases, the length of the antenna would exceed 130cm;

(g) it would consist of the installation of an antenna with a cubic capacity in excess of 35 litres;

(h) the highest part of the 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;

(i) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway. ” ;

(b) for paragraph A.2(b), substitute—

“ (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable. ” ;

(c) after paragraph A.2 add—

“ A.3. The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. ”

(2) In Class B of Part 25—

(a) in paragraph B, for “a satellite antenna” substitute “a microwave antenna”

(b) for paragraph B.1 substitute—

“ B.1. Development is not permitted by Class B if—

(a) the building is a dwellinghouse or other structure within the curtilage of a dwellinghouse;

(b) it would consist of development of a kind described in paragraph A of Part 24;

(c) it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc);

(d) it would result in the presence on the building or structure of—

(i) more than two antennas;

(ii) a single antenna exceeding 100 centimetres in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60cm;

(v) an antenna installed on a chimney, where the antenna would protrude over the chimney;

(vi) an antenna with a cubic capacity in excess of 35 litres;

(e) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(f) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney stack, or 60cm measured from the highest part of the ridge tiles of the roof, whichever is the lowest;

(g) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway. ” ;

(c) for paragraph B.2(b), substitute—

“ (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable ” ; and

(d) after paragraph B.2, add—

“ B.3. The relevant size criteria for the purposes of paragraph B.1(d)(iii) are that:

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

B.4. The length of an antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. ”