5
(1)
In this code “electronic communications apparatus” means—
(a)
apparatus designed or adapted for use in connection with the provision of an electronic communications network,
(b)
apparatus designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network,
(c)
lines, and
(d)
other structures or things designed or adapted for use in connection with the provision of an electronic communications network.
(2)
References to the installation of electronic communications apparatus are to be construed accordingly.
(3)
In this code—
Cases considering Schedule 3A, paragraph 5 6
[2019] EWCA Civ 2250 · 18 December 2019Defines
The provision defined electronic communications apparatus, including apparatus and structures designed or adapted for use in connection with an electronic communications network (see para [15]).
A building counted as a structure only if its sole purpose was to enclose other electronic communications apparatus. The kiosk’s additional advertising purpose therefore placed it outside the relevant definition and permitted-development class (see paras [16]; [50(v)]).
[2025] UKUT 58 (LC) · 20 February 2025Defines
The Tribunal used the definition of electronic communications apparatus to distinguish passive infrastructure from active transmission equipment. That distinction informed its conclusion that attaching active apparatus to existing passive apparatus was not redevelopment of land (see paras [12]-[14]; [260]; [269]).
[2024] UKUT 51 (LC) · 23 February 2024Interprets
The Tribunal accepted that the telephone exchange was a structure designed or adapted for use in connection with an electronic communications network. The remaining question was whether paragraph 5(3) treated the building itself as apparatus. (see paras [19]; [31]-[33])
A building is included as a structure only if its sole purpose is to enclose other electronic communications apparatus. The Tribunal construed purpose objectively and held that a building also used for office, storage and welfare facilities does not satisfy that requirement. (see paras [46]-[52])
What each judgment says about Schedule 3A, paragraph 5 is in the case-law panel in the full Act.