Telecommunications: Permitted Development Rights

(asked on 5th January 2024) - View Source

Question to the Department for Science, Innovation & Technology:

To ask the Secretary of State for Science, Innovation and Technology, what guidance her Department issues to local authorities on requirements to (a) consult residents on and (b) notify residents of the use of permitted development powers for the installation of telecommunications infrastructure in residential areas; and whether she has made an assessment of the adequacy of such requirements.


Answered by
Julia Lopez Portrait
Julia Lopez
Minister of State (Department for Science, Innovation and Technology)
This question was answered on 15th January 2024

Permitted development rights (PDR) are a national grant of permission that allow certain building works and changes of use to take place without having to submit a planning application. They are subject to limitations and conditions to manage impacts and protect local amenity. In some cases, prior approval is required which allows the local planning authority to consider specific planning matters before development can take place. The local community may comment on the matters for prior approval.

Individual permitted development rights including their associated limitations, conditions, and where relevant, matters for prior approval are set out in the General Permitted Development Order. There is no specific guidance on the permitted development rights for electronic communications.

In addition to the planning framework, additional duties and obligations relating to telecommunications installations are included in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (“the 2003 Regulations”).

The 2003 Regulations require that in certain PDR cases, the operator must notify the local planning authority of its intention to deploy certain apparatus, provided that they have no pre-existing equipment in the area. The local planning authority may give written notice of conditions with which they wish the Operator to comply with in respect of the installation of the apparatus (although these do not have to be complied with to the extent they are unreasonable in all the circumstances).

In addition, there is a Code of Practice (The Cabinet Siting and Pole Siting Code of Practice 2016) in place relating to the siting of cabinet and pole installations. This was developed in 2016 by the Government, in collaboration with two major fixed-line operators and other interested parties. It provides guidance on ways operators can ensure these installations are placed appropriately, and that local authorities and communities are engaged with regarding proposed installations. For example, it sets out that where new poles are to be installed the operator should place a site notice to indicate to nearby residents the intention to install a pole, and the proposed location.

We believe that communities benefit enormously from the deployment of high quality digital infrastructure, with all the economic and social benefits it brings. We want to make sure that deployment happens efficiently, but at the same time, in ways that make sure the impact on communities and the environment is taken into account and broad support is maintained for the rollout of this critical infrastructure.

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