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As with all law in Scotland Mast Law is based upon the concept of Roman Lawas opposed to Englands Common Law. Whilst in reality that might not make any real difference on the ground to the procedures and practices, it does in legal terminology and court procedures. The primary difference to Scottish Mast Law is in that most applications are now like Northern Ireland determined by full planning permission, that has though more to do with the fact that planning law was devolved to the Scottish Parliament rather than being left to the powers in Westminster.

A brief summary of the regulation follows:

1. Ground based masts: All ground based masts will require planning permission.
2. Masts on buildings:
   • On buildings over 15 metres high, only 8 antennas will be permitted development and no apparatus must be more that 4 metres high;
   • On buildings under 15 metres high, only 4 antennas up to 0.9 metres, or 8 antennas up to 0.5 metres will be permitted development.
3. Equipment housing: The qualifying dimensions for permitted development are:
   • 3 metres in height and 90 cubic metres in the case of ground based installations; and
   • 3 metres in height and 30 cubic metres in the case of installations on buildings.
4. All telecoms developments in the following areas require full planning permission irrespective of the size or nature of the installation.
   
   Conservation areas, national scenic areas, natural heritage areas, historic garden or designed landscape, site of special scientific interest, European site or, category A listed buildings and their settings and scheduled ancient monuments and their settings.

Prior Approval is undertaken under the provisions set out in the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 2001, and is supplemented by Circular 5/2001 - Development by Code System Operators. All applications are subject to the guidance contained in National Planning Policy Guideline NPPG 19: RADIO TELECOMMUNICATIONS. The final touch being that of Planning Advise Note PAN 62. Some English Legislation has specific Scotch sectionsin it, such as the Communication Act 2003 which amends the Electronic Communication Code, and therefore specifically applying to Scotland, albeit reference within our briefings to County Court should read Sheriffs Court. See the briefing on para 16 compensation for injurous affection, and para 17 removal of masts where they are likely to materially prejudice the interest in or enjoyment of neighbouring land.

The prior approval process in Scotland (for those installations that slip past the full planning procedure) is still far to lax, and covers far too many installations, particularly those attached to buildings and other structures, and only requires the operator giving the local planning authority (LPA) 28 days notice of the development taking place (although the Communication Act 2003 gives a licence requirement of notifying the LPA of 56 days, it is early days since the implimentation of the obligation to see how it is likely to be policed). It does not require a formal application, nor a decision by the LPA, and the public are not given the opportunity to comment, or have their views taken into account.

There is also a unigh provision within the Scottish prior approval process to allow extensions and alterations to existing masts, whislt there are provisions for alterations to masts in the English prior approval process, it is completely different criteria that applies. A mast can be extended to a maximum of 2 metres on the original permission, and can be increased in volume to a maximum of 1 metre measured horizontally. Although the installation can only have a one time increase of two metres in height. Or using the original permission a mast can be moved by a maximum of 4 metres from its original approved location, thus a new mast could be installed under new provisions providing it is within the 4 metre limit with no further permission being sought.

Installations in an emergency are only permitted to replace existing 'BROKEN' apparatus by the provision of a moveable mast (lorry or trailor mounted) for a maximum of period of 6 months. There is NO special provisions that allow installations to be installed for systems required by the emergency services, except to the extent that temporary masts may be installed in order to provide communications for a disaster. There is also the ability to provide moveable installations for special events such as sporting events for a maximum period of 28 days, without permission.

As with the English legislation special provisions apply to equipment cabins, and othen the situation will arise where antenna might be approved under the prior approval process, but that the equipment cabin requires full planning permiossion, or visa versa. It is always therefore woorthwhile checking the provisions relation to both cabinets and ancillary equipment against the developments provisions.

The ability to apply Article 4 Directions a further reduced in Scotland due to the more robust system compared to England and Wales. However, there may be circumstances where it is important that consideration is given to this process, which takes away any remaining prior approval rights for a named site or locality. This might be useful for controlling developments by Network Rail who are abletop install systems without any direct application to the LPA.

Planning appeals in Scotland are undertaken by the Scottish Executive Inquiry Reporters Unit (SEIRU). There are no third party right of appeal, although judicial review is available as a means of challenge through the High Court, although that process is expensive and often not worth the challenge unless legal aid can be obtained, a case of a law for the rich and poor. The Inquiry appeals system in reality is very much like the English Public Inquiry system, and has similar rules. There are 3 potential processes, that of a written consideration, anm informal hearing, and a full inquiry. SEIRU produce a useful booklet Planning Appeals in Scotland it is a worthwhile read for those taking part in appeals in Scotland. There is little difference to the procedures in Scotland as to those in England therefore please refer to our main Planning Appeal WEB Forum for more information. The status for third parties in England known as Rule 6, are termed Rule 9 parties and give many benefits to those who invoke the rights, we therefore always recommend that Rule 9 status is sought by all who are serious about taking part and influencing a formal inquiry.

As always Planning Sanity is here to help and advise in the planning process, when residents need to clarify or expand upon a point.