Standard Letter for use in writing to local authorities for small antenna installations

Your Ref: ………………..

Our Ref: …………………

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Post Code ..…………………….........

Date as Post Mark

Dear Sir

RE: TELECOMMUNICATION INSTALLATIONS - GPDO Part 24 A.2(4)(b)

We are deeply concerned at the telecommunication installation at ……………………………………………………………… which is apparently has been approved by a process that does not include the ability of those affected the most the local communities making representation, or having their concerns taken into account.

A.2(4)(b) of Part 24 of The Town & Country Planning (General Permitted Development) (Amendment) (England) Order 2001 implies that installation of antenna on a building or other structures (other than a mast) that does not exceed 4 metres requires NO local planning, or prior approval permission. This flies in the face of other sections of Part 24, and therefore clarity is required as to whether these installations can be installed with no local permission, and if they can, what is the exact criteria that should be applied.

Section A.2 is headed conditions, and A.2(4) states:

(4) Class A development -

1. on article 1(5) land or land which is, or is within, a site of special scientific interest, or
2. on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of a public call box; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing -

The operators argue that this section overrides all the other exclusions set out in A.1, providing the antenna and structure (mast) does not exceed the height of the building by 4metres. If this was true it would make a mockery of those conditions clearly intended to control installations on buildings, which goes into detail as to the size of the installation to be placed on buildings, and beggars believe that a clause relating to this type of installation would not have been included within A.1, when the full range of other exclusions are considered, illustrations being A.1(c) and (d):

(c) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed -
1. 15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or
2. 10 metres in any other case;
1. (d) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than -
   1. 10 metres, in the case of a building or structure which is 30 metres or more in height;
   2. 8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height; or
   3. 6 metres in any other case;

A.4 sets out the interpretations of Class A installations. This includes "small antenna" which is set out as meaning:

1. is for the use in connection with a telephone system operating on a point to fixed multi-point basis;
2. does not exceed 50 centimetres in any linear measurement; and
3. does not, in any two-dimensional profile, have an area exceeding 1,591 square centimetres,

A.1(m) through to (o) sets out the exclusions relating to small antenna. We are concerned only with those under Clause (o) which states:

(o) in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse -

1. the building is on article 1(5) land;
2. the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or
3. the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.

   We are concerned with both (ii) and (iii), which clearly indicates that small antenna on a building or structure are not excluded installations, providing that there is not more than one on a building of 15 metres or less, and two on a building over 15 metres in height. The clear intention of this is to cater for the minor installations.

   Therefore our case is that A.2(4)(b) conflicts with other sections of the development order. Clauses A.1(m) to (o) are clearly intended to cater for minor installations, we therefore would have the case that you could not put 3 small antenna on a building over 15 metres high, but that you could be a number of full size installations, providing they are not higher than 4 metres of the building, but in effect full size installations, where you have 3 or 4 antenna, therefore two installation would have 8 antenna. Is it then unlawful under A.1(o) or lawful under A.2(4)(b).

   Paragraphs 43 and 44 of Planning Policy Guidance Note 8 Telecommunications, refers to minor installations, and the de minimus principle. Which broadly put refers to small developments of an insignificant nature, and which does not alter the external appearance of a building. A 4 metre high structure could not be said in any way to come within that remit.

   We ask that support us in calling for appropriate action to be taken to protect the integrity of the planning system that is being destroyed by this inappropriate section of the Development Order. As well as investigating whether this is a lawful, or unlawful development.

   We look forward to your response, in the mean time please do not hesitate in contacting (0161 278 3355) our supporting organisation Planning Sanity should you wish to discuss this matter in more detail.

   Yours sincerely

   …………………..............………
   Local Resident.
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