Dear [resident],
I refer to your correspondence with the case officer for the above notification relating to a replacement 18m telecommunications mast at land adjacent to 53 Hawthorn Close, Hitchin.
As you may be aware telecommunications operators benefit from extensive permitted development rights for new and replacement telecommunications infrastructure. The question that has been raised in this case is whether prior approval is required from North Hertfordshire Council for the replacement mast and we have reviewed this matter and sought clarification from the operator. The Council’s response to the notification reference 26/00508/EC confirmed that it is for the operator to ensure that the proposed mast and associated works are permitted development. Nevertheless, as indicated above we have reviewed this case and the relevant Order and have concluded that the proposal is permitted development and that prior approval is not required.
The relevant section of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) is Part 16 of Schedule 2. Specifically, Class A covers permitted development rights for electronic communications code operators to install, alter, or replace apparatus like mobile phone masts without needing a full planning application. Whilst many installations require planning approval this is not the case in this instance relating to a replacement mast.
The proposal relates to the replacement and upgrade of an existing telecommunications support structure, rather than the establishment of an entirely new telecommunications site. The existing installation comprises a 9.0m EE/H3G structure carrying telecommunications antennas and associated feeders, which is to be replaced by the proposed 18.0m Alpha 8 pole.
For an existing structure, the prior approval provision is only triggered where the altered or replacement mast would exceed the original width of the mast by two-thirds. The proposed replacement pole does not exceed this threshold and, accordingly, I do not consider that its width provides a basis for requiring prior approval under paragraph A.2(3). In addition, the height parameters do not provide a basis for requiring prior approval either. The submitted drawings identify the existing structure as 9.0m high and the proposed replacement Alpha 8 pole as 18.0m high.
The land is not protected and, therefore, paragraph A.2(3)(c)(ii) applies a 25m height (or 20m within the highway) threshold to the alteration or replacement of an existing mast.
Extract from GPDO A.2(3)(c)(ii): “…the alteration or replacement of a mast, other than on a building, which, when completed — (aa) is taller than the mast which existed prior to such alteration or replacement; and (bb) exceeds a height of 25 metres above ground level excluding any antenna; is permitted subject… to the conditions set out in paragraph A.3 (prior approval).”
Therefore, because the provision uses the conjunctive “and” between (aa) and (bb), a replacement mast that becomes taller than before but remains under 25m (or 20m on a highway) does not trip this prior approval requirement.
I understand your concern relating to this replacement mast in this location. However, given that as the mast is permitted development it benefits from Planning Permission granted by Article 3 of the GPDO and no action may be taken by this Council as local planning authority.
Kind regards
Development and Conservation Manager, North Herts Council