Types of Application

The Town and Country Planning Act 1990 provides that planning permission is required for the development of land. This may be obtained in two main ways either because it is “permitted development” or by applying to the local planning authority for permission.

(1) Permitted development

Most mobile phone base station developments require planning permission. However, some forms of development are permitted under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 ("the GPDO").

The Town and Country Planning (General Permitted Development) Order 1995 - HMSO website

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 - HMSO website

The consequence of this is that an application for planning permission may not be required, though, in many circumstances the operator must still make an application for ‘prior approval’ to the local planning authority. One example is a ground-based mast less than 15 metres in height with cabins less than 90 cubic metres in volume.

Where only a prior approval application is required this means that the principle of the development has been approved and the local planning authority has 56 days to consider only the siting and appearance of the proposed development. If the local planning authority fails to give written notice of its decision to the applicant within 56 days of receipt of an application then permission is deemed to have been given.

Some smaller installations permitted under the GPDO do not require an application for prior approval. These developments are small in scale, such as antennas on buildings that do not exceed the height of the building by 4 metres or cabins that are less than 2.5 cubic metres in volume. In line with the Code of Best Practice, mobile operators will notify the local planning authority of these developments.

Mobile phone network development: Code of Best Practice - Communities and Local Government site

2) Application for Planning Permission

Larger installations require an application for full planning permission. These will be determined in accordance with the development plan, unless material considerations indicate otherwise. Local planning authorities must take into account the technical constraints on the location of the proposed development that may affect the operation or effectiveness of the equipment.

The decision on an application for planning permission or prior approval will be made by the LPA in accordance with the Development Plan and Government policy.

Material considerations that may be taken into account can include the need for the proposed development as part of the national network, the impact of any installation on highway safety or the protection of trees. However, the impact of such development on property values is not a material planning consideration. As paragraph 29 of “The Planning System: General Principles” makes clear the planning system does not exist to, as such, protect the private interests of one person against the activities of another. The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest.

Planning Policy Statement (PPS1) and The Planning System: General Principles - Communities and Local Government website

Detailed information on Material Considerations