BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Rules of Northern Ireland |
||
|
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Planning (General Development) (Amendment) Order (Northern Ireland) 2003 No. 98 URL: http://www.bailii.org/nie/legis/num_reg/2003/20030098.html |
||
[New search] [Help]
| Made | 25th February 2003 | ||
| Coming into operation | 26th March 2003 |
John McConnell
A senior officer of the Department of the Environment
| Class A | |
| Permitted Development |
A.
Development by or on behalf of a telecommunications code system operator for the purpose of the operator's telecommunications system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of the installation, alteration or replacement of any telecommunications apparatus or development ancillary to equipment housing. |
| Development not permitted |
A.1
Development is not permitted by this Class if -
(ii) unless it involves the installation of new overhead lines supported by existing poles.
(b) the land is within a site of archaeological interest unless it involves the installation of new overhead lines supported by existing poles.
(ii) any apparatus which does not project above the surface of the ground; or (iii) equipment housing,
the ground or base area of the structure would exceed 1.5 square metres. |
| Conditions |
A.2
(1) Class A development is permitted subject to the condition that any equipment housing or development ancillary to equipment housing installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building. (2) Class A development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated as soon as reasonably practicable after it is no longer required for telecommunications purposes. |
| Class B | |
| Permitted Development |
B.
Development by or on behalf of a telecommunications code system operator for the purpose of the operator's telecommunications system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunications apparatus required for the replacement of unserviceable telecommunications apparatus, including the provision of moveable structures on the land for the purposes of that use. |
| Conditions |
B.1
(1) Development is permitted by Class B subject to the condition that the operator gives written notice of the development to the Department as soon as possible after the emergency begins, and in any case not later than 3 days thereafter. (2) Development is permitted by Class B subject to the condition that any apparatus or structure provided in accordance with that permission, shall Ð
(ii) where operationally practicable, not exceed the height of the existing telecommunications apparatus; and (iii) at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place. |
| Interpretation of Part 17 |
For the purposes of Part 17 - "the 1984 Act" means the Telecommunications Act 1984; "development ancillary to equipment housing" means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of equipment housing; "development in accordance with a licence" means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions relating to the application of that code imposed by the terms of his licence; "land controlled by an operator" means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term not less than 10 years; "mast" means a structure erected by or on behalf of a telecommunications code system operator for the support or housing of one or more antennae including a mast, pole, tower or other structure; "relevant period" means a period which expires -
(b) when the need for such use shall cease,
whichever occurs first; |
[2] S.R. 1993 No. 278 as amended by S.R. 1998 No. 222; S.R. 1999 No. 73; S.R. 2000 No. 113 and S.R. 2002 No. 195back
