Town and Country Planning (Telecommunications) Development (Amendment) Order 2022

Overview

Changes are proposed to the secondary legislation which enables certain types of development to take place without the need for a specific planning application (sometimes called ‘Permitted Development’). 

The changes are intended to strengthen the principle of considering visual aspects within permitted development rights for the installation, alteration or replacement of telecoms apparatus within the external environment.

Why your views matter

Operational permitted development for telecoms apparatus is currently set out in the Town and Country Planning (Telecommunications) Development Order 2019. Currently, monopoles can be erected by way of permitted development, with no requirement to consider the visual impacts that may be experienced by local residents.

It has been identified that there is a need to consider the visual impacts that may arise, in the event of an installation of a telecoms monopole under permitted development rights. 

It is proposed to omit Class 2 from Schedule 2 of the Telecoms Order.

This amendment would mean that all schemes for monopoles (that do not exceed 15 metres in height or 0.3 metres in diameter) would need to be assessed by Development Management (Planning and Building Control, DEFA), who would consider the visual impacts and noise impacts within the context of the existing character of the wider area.  This would be done under the prior approval process set in Schedule 4 of the Telecoms Order (under section 5 of the Telecoms Order 2019).  

It is also proposed to include a new class for temporary masts (proposed as Class 2 of Schedule 2).  This makes legal provision for interim arrangements to be put in place, for a duration of no longer than 6 months, to allow time for more long term arrangements to be organised and implemented.

As a further measure, it is proposed to include a new class for telegraph poles (proposed as Class 2A of Schedule 2).  Legislative provision for the erection of telegraph poles is currently included within the Electronic Communications Code, contained in Schedule 5 of the Communications Act 2021.  The inclusion of this new class for telegraph poles will provide clarity to planning officers, in respect of planning requirements for telegraph poles.

The current consultation relates to a draft amendment order which would amend the 2019 Telecoms Order.

As part of the consultation we have published both the existing Telecoms Order 2019 and the draft order 2022.

Views are sought on the detail of the proposed changes.

What happens next

The draft order will be updated as necessary in light of the consultation results and then brought before Tynwald for approval.