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Satellite Dishes and Other Antennas

INTRODUCTION

1.1 The last twenty-five years have seen a huge range of technological advances in information and communications technology. The internet and e-mail have revolutionised the way we work, communicate, and buy products and services. We have witnessed the rise of digital technology with the development of cable and satellite platforms and digital terrestrial television, in addition to existing analogue terrestrial television. The introduction of these technologies has led to the installation of a range of equipment necessary to gain access to these services.

Technology and the planning system

1.2 The planning system is concerned with regulating the use of land in the public interest. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO) is intended to be a deregulatory mechanism that works by lessening the regulatory requirements of the planning system. It works by allowing relatively uncontentious development to be undertaken without the requirement for planning permission. Such deregulatory systems allow planning system resources to be deployed more efficiently.

1.3 However, from time to time, it is important to review those rights to ensure that they remain up to date and appropriate. The current provisions for satellite dishes in the GPDO were introduced in 1992, with amendments made in 1998 (SI1998/1226) and 2001 (SSI2001/266). Since making these provisions, significant technological advancements have been made - the development of broadband delivery, for example. There is now a wide range of equipment used to deliver these services, some of which does not fall within the existing permitted development rights for satellite dishes. It is necessary therefore to review whether the existing provisions are still appropriate and also whether permitted development rights should be applied to different types of equipment.

1.4 In setting the limits for permitted development, there is a balance to be struck between giving freedoms to individual householders and safeguarding amenity. The current conditions and limitations of the planning arrangements for satellite dishes are intended to protect the environment from unnecessarily large, unsympathetic or poorly-sited dishes, particularly in designated areas such as National Parks, Conservation Areas and National Scenic Areas. Scotland is renowned worldwide for its outstanding natural heritage, therefore it is important that this principle continues to be applied irrespective of the type of equipment to be installed.

What is Digital TV?

1.5 Digital television is, simply put, a means to transmit and receive television signals as a data stream. It offers the consumer more channels and numerous extra features (such as interactive programming and wide-screen) as well as higher quality sound, but delivers them using far less bandwidth than analogue broadcasts. This means that more services can be delivered through existing broadcasting frequencies.

What is Broadband?

1.6 The term 'broadband' is generally used in reference to high-speed access to the Internet. Simply put, it is a common term describing a wide band of frequencies which is available to transmit data. As information can be sent concurrently, on many different frequencies within the band, it allows more information to be transmitted in a given amount of time. Broadband is distinct from narrowband - a term used to define traditional modes of transmission, such as that via analogue telephone line/modem. A Broadband service can be capable of exchanging data at much higher speeds than a standard modem. In many ways, broadband is like a multi-lane highway as opposed to a single-lane (narrowband) carriageway.

Government policy on Digital TV

1.7 The Government is committed to digital switchover and is focusing on getting the conditions right for achieving this. In 1999, the Government said that switchover could take place between 2006 and 2010 subject to the key tests of availability and affordability of digital television being achieved. The Government began working with industry and consumer groups in 2002 through the Digital Television Action Plan to ensure that key criteria for switchover are met. Details about this can be found at: www.digitaltelevision.gov.uk. During 2004, a number of key decisions will have to be made by Government and broadcasters. This could lead to an announcement by the end of 2004.

1.8 One of the action points identified in the Digital Television Action Plan is the need to review the impact of planning regulations on the deployment of aerials and dishes. In Scotland this is particularly important due to the topography of the country. Whilst Digital television that is received through an aerial covers a large part of the country, there are other more rural areas that could only receive digital broadcasts through a satellite receiver.

Government policy on broadband

1.9 Both the Scottish Executive and Industry agreed that there is no easy or obvious route to the delivery of broadband across Scotland. Demand and supply will need to grow in parallel. Much of the action is for industry, but there is also an important role for the Scottish Executive in a number of key areas, including promoting broadband awareness and facilitating rollout, especially in rural areas.

1.10 The Scottish Executive therefore has its own broadband strategy, first published in August 2001. There are several strands to its approach for developing the broadband market; these include trials of alternative broadband technologies to ascertain their potential to deliver particularly to remoter areas and a number of Scotland-wide demand-led measures to improve broadband uptake and the commercial case for supply.

1.11 The Scottish Executive is committed to reviewing planning regulations relating to satellite terminals to determine how current rules restricting a residential property to a single antenna could be relaxed, while continuing to minimise the environmental/visual impact of residential satellite terminals.

Purpose of Consultation

1.12 The purpose of this consultation paper is to seek your views on:

9. whether the existing planning arrangements regarding the installation of antennas on premises should be revised to facilitate the take-up of technological advances; and

2. how the planning arrangements might be re-drafted to achieve this, whilst keeping the visual and environmental impact to a minimum.

1.13 The remit of this consultation paper is limited to the scope of the planning arrangements for satellite dishes and other antennas. It is not a document which aims to address the wider issues regarding switchover to digital TV or the rollout of broadband.

1.14 The proposals outlined in this consultation paper do not apply to mobile phone antennas.

1.15 This consultation is aimed at all members of the public, the industry, local government, and special interest groups.

1.16 This consultation paper concerns Scotland only.

RESPONDING TO THIS CONSULTATION PAPER

We look forward to receiving comments and views concerning the proposals in this consultation paper. Anyone wishing to make a response should send it to:

Marie Ferguson
Planning 1:1
2-H Bridge
Scottish Executive
Victoria Quay
Edinburgh
EH6 6QQ
Telephone: 0131 244 7067
Fax: 0131 244 7083
e-mail: marie.ferguson@scotland.gsi.gov.uk

Please note: Responses should be received no later than 09/07/2004. For ease a response form is attached to the covering letter. Please ensure that when responding you also return with your comments the Respondee Information Form provided with this consultation. Should you wish to reply by e-mail please send your response and respondee information form to: satellite&antennasconsult@scotland.gsi.gov.uk

Further copies of this consultation paper are available from:

Planning 1:1
2-H (B)
Scottish Executive
Victoria Quay
Edinburgh
EH6 6QQ
Telephone: 0131 244 7066
Fax: 0131 244 7083
Or on the Internet at www.scotland.gov.uk/planning

TECHNICAL & POLICY BACKGROUND

a) Equipment

3.1 Electronic communication services, whether broadcast TV or data transmitted by the internet, can be divided in to four principal areas:

• Analogue TV
• Digital TV
• Narrowband
• Broadband

3.2 There are various technologies and equipment currently available to deliver these services. However, technology and equipment are continually evolving. The following paragraphs provide information about some of the current means of receiving broadcast and data services. The Scottish Executive does not favour any one type of technology over another for achieving these services, and fully intends to maintain this platform-independent, technology-neutral stance.

Analogue Television

3.3 There are two main means of accessing analogue television:

• terrestrial (via a TV aerial),
• cable.

3.4 UK analogue broadcasts are no longer transmitted by satellite.

Terrestrial (TV aerial)

3.5 Broadcast TV, transmitted by terrestrial analogue signal and received by a TV aerial, is long established. It is limited in the services it offers: currently, the main 5 channels, plus Teletext services.

3.6 Analogue signals are received via an aerial positioned either on the rooftop, a loft/attic, or on the set-top. The signal is robust - in weak signal areas, it may achieve satisfactory reception quality, though this is poor compared with digital. It is generally less reliant on the quality and positioning of the aerial than digital terrestrial.

3.7 Analogue offers good reception coverage of 98.5% of UK households for channels 1-4. Approximately 80% are able to receive Channel 5.

Cable

3.8 Analogue cable signals are sent via direct-feed cable network to individual premises. To access the signal requires a cable-specific set top box. These are only provided to subscribers on a rental basis.

3.9 Analogue cable can carry approximately 80 channels (fewer than digital cable) and has limited interactive services. Broadcast quality of analogue cable, in most areas, is generally comparable with that of digital cable. Quality of reception is dependent on the quality of the individual cable network.

3.10 Although popular, cable is not established nationwide. Approximately 50% of UK houses are passed by cable (both digital and analogue). To a great extent, the reach of cable is limited to urban and suburban areas. However, the number of analogue subscribers generally is reducing as customers migrate to digital cable. That said, there are some areas in which only analogue is available until the local cable network is upgraded.

Satellite

3.11 Analogue transmissions, via satellite, virtually ceased in October 2001, when BSkyB migrated to a digital-only platform. However, there are a very small number of households with non-Sky satellite dishes accessing free-to-view analogue channels from abroad.

Digital Television

3.12 There are four means of accessing digital television signals:

• terrestrial (via a TV aerial)
• cable
• satellite
• Digital Subscriber Line (via a broadband telephone connection)

3.13 According to Ofcom, ¹ more than 50% of all households have converted at least one set to digital. 9.1 million households in the UK (37%) have Digital Pay TV (through cable, satellite or ADSL). Another 3.2 million households have free-to-view digital services, of whom 200,000 are free-to-view satellite households.

Digital Terrestrial (TV aerial)

3.14 Digital transmissions currently use between 2% and 10% of the power of analogue transmission. In addition, digital transmission is a more efficient use of the spectrum than analogue. More services can be fitted into the existing space - a frequency used to support a single analogue television service can support up to six digital television services. Interactive services are also carried, although some of these depend on connection via a telephone line for a return path.

3.15 In terms of terrestrial (as opposed to satellite) broadcasts, currently, around 80% of households are covered by the existing public service channels, using digital technology - and assuming optimum quality of aerial installation. Digital TV signals are generally received via a roof-top aerial. Some existing roof top aerials used for analogue reception may not be able to receive digital transmissions and would therefore need to be replaced or upgraded. Loft-based and set-top aerials are likely to have limited reception quality which may not be adequate, although this will not always be the case. As is usual with digital signals, conversion will require an adaptor (or 'set-top box'), or an integrated digital TV (iDTV) set.

Digital Cable

3.16 Like its analogue equivalent, digital signals are typically transmitted via a cable network fed direct to individual premises. As before, to convert the signal, consumers will require a cable-specific set top box, provided on a rental-only basis.

3.17 Digital cable is able to carry up to around 200 channels, and offers various interactive services such as limited internet access, digital text, multi-angle views etc. However, unlike digital terrestrial, cable does not require a connection via a telephone line for a return path. Digital cable is also able to offer superior picture and sound quality to that of analogue cable.

Digital Satellite

3.18 Signals are sent from a geo-stationary satellite to the antenna (dish) using very high electromagnetic frequencies. The platform can carry around 200 or more broadcast channels as well as digital text, multi-angle views, and other interactive services - although some of these will, once again, require connection via a telephone line for a return path.

3.19 Around 98% of UK households can (theoretically) receive digital satellite transmissions. However, this pre-supposes two factors: the accessibility of a suitable dish, which must be attached to the outside of the premises, and its correct orientation. It is an absolute prerequisite of satellite reception to have a line of sight between the orbiting satellite and the receiving dish. In consequence, there could be potential difficulties in woodland areas or areas with a lot of tree cover, dense urban areas, and areas of topographical extremes. As with all digital signals, consumers will require a set top box, although some future iDTVs may be compatible. As technology has evolved the size of dishes has reduced. Dishes of 90cm or even 120 cm in diameter are required to receive certain specialist and overseas channels. In England, a dish of 60cm is sufficient to meet the average householder's requirements for UK television services. This consultation paper seeks views on whether there are additional considerations in Scotland which might necessitate larger dishes.

DSL (Digital Subscriber Line)

3.20 A small number of households (currently only in parts of North West London and the Hull area) can access some broadcast content using DSL technology via their telephone line. The number of subscribers may increase with greater broadband penetration.

Broadband

3.21 There are numerous ways of accessing broadband, stated below. The majority of services are terrestrial.

• Leased lines : These are permanent telecommunications links supplied by network operators to users, providing high capacity dedicated to the user's exclusive use.
• DSL technologies: (Digital Subscriber Line): These enable broadband services to be delivered over existing telephone lines.
• Cable modems: Unlike traditional 'narrowband' modems, these enable broadband services to be delivered over cable networks.
• Fixed Wireless: These can run over a number of different frequencies in the radio spectrum. (All fixed wireless services above 1GHz frequencies require a line of sight to the service base station.)
• Mesh Radio: A fixed wireless technology, in which each subscriber's antenna acts as an integral part of the distribution network for other subscribers. In short, subscribers connect together to provide service via one another. (All Mesh radio services require a line of sight between the connected nodes.)
• Satellite Broadband: Current broadband satellite services are either one-way or two-way. One-way services can use dishes between 45 and 90 cm in the UK. Two-way satellite broadband generally requires a 90 cm dish, or larger (120cm) for high return channel data rates or less favourable conditions. All satellite dishes require a line of sight orientation to the orbiting satellite. Also, as the broadband service may be supplied from a different satellite, buildings receiving both satellite TV and broadband may require two dishes.
• Powerline communications technology: This provides the ability to send digital communication signals (and thus broadband services) over electrical infrastructure. Users can obtain access via their electricity sockets. However, there are at present only a few towns in the UK in which broadband via powerline is commercially available.

3.22 All these technologies are able to offer broadband service to the consumer, although, at present, the majority have tended to choose DSL, cable modem, and (to a lesser degree) fixed wireless. Leased lines are universally available, but are more expensive than cable and DSL, and are therefore currently more suited to larger businesses, rather than small business or residential customers.

3.23 At present, 73% of the Scottish population is now covered by one of the current mass market broadband technologies and it is forecast that this figure will continue to increase. However, early roll-out has been concentrated in urban areas, where terrestrial services can be delivered more economically. Terrestrial (as opposed to satellite) service roll-out to rural areas is more limited.

3.24 Satellite services offer a potential solution to current gaps in provision - particularly in rural areas.

(b) Current Planning Arrangements

Design Policy

3.25 The Scottish Executive places considerable importance to achieving high quality design. Current planning guidance on the importance of securing good design is set out in Scottish Planning Policy 1 (SPP1) and in 'Designing Places - A Policy Statement for Scotland'. The carefully considered siting and design of television and broadband antennas is vital in achieving this policy aim.

De Minimis

3.26 "De minimis non curat lex" - often shortened to de minimis - is a legal maxim roughly translated as "The law does not concern itself with trifles". It is a legal principle applied by the courts and, as such, is not described or dealt with in the Planning Acts. Indeed, it is applied in every field of law and not simply planning.

3.27 It is applied where a trifling infringement, or infringement of the strict letter of a statute, is brought to the attention of the court, but where the deviation is of so little consequence that if continued in practice, "would weigh little or nothing in the public interest", and might properly be overlooked.

3.28 What is to be treated as de minimis emerges from the decisions of the courts and always depends on the facts of the individual case. It is not within the gift of the planning authority, nor the Scottish Executive, to decide where or whether the principle should be applied in respect of given legislation and set of factual circumstances, nor can the decision or the courts be anticipated in this way.

TV Aerials

3.29 Most conventional TV aerials (including their mountings and poles) have either been treated as de minimis, or else were considered not to have had a material effect on the external appearance of the building on which they were installed. In consequence, such aerials did not fall within the definition of development and have not, therefore, required planning permission.

3.30 Whether an installation should be treated this way should be considered on a case by case basis and the final decision would ultimately rest with the courts.

3.31 In practice, however, it is likely that most householders would not consider whether planning permission would be required for installing a TV aerial.

Satellite Dishes

3.32 Under the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended (GPDO), satellite dishes benefit from a general planning permission, known as permitted development rights, subject to certain conditions and limitations (set out below).

3.33 These conditions and limitations are intended to protect the environment from unnecessarily large, unsympathetic or poorly sited satellite dishes. This does not mean that the installation of satellite dishes will not be allowed if it does not fall within the permitted development rights. What it means is that, in such circumstances, an application for planning permission will be required, thus allowing the planning authority to consider the suitability of that particular development in that place. The fee for an application for planning permission is currently 110.

3.34 Planning permission is not required for uses or operations which do not materially affect the external appearance of a building. These are excluded from the definition of development in section 26 of the Town and Country Planning (Scotland) Act 1997. Further, certain uses or operations which may be considered materially to affect the external appearance of a building or would otherwise be development for the purposes of section 26, can in practice be regarded as "de minimis". It is possible for the planning authority to determine that a satellite dish, although regarded as development, is treated as de minimis.

Dwelling houses

3.35 Under Schedule 1 Part 1, Class 6 of the GPDO, the installation, alteration or replacement of a satellite antenna on a dwelling house is permitted (and therefore requires no application for planning permission) providing that:

• there is no other satellite antenna on the dwelling house;
• the size of the satellite antenna (excluding any projecting feed element) when measured in any dimension does not exceed 90 centimetres;
• the highest part of any antenna to be installed on a dwelling house is no higher than the highest part of the roof on which it is installed; or
• the satellite antenna being installed in a conservation area or a national scenic area on any part of a dwelling house does not face on to a road.

Development is permitted by this class subject to the condition that the antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed.

Other properties (including blocks of flats and business premises)

3.36 Under Part 21 of the GPDO, the installation, alteration or replacement on any building or other structure of an antenna and any structure intended for the support of an antenna is permitted (and therefore requires no application for planning permission) providing:

• the building is not a dwelling house
• the development is not already permitted by Part 20 ( see para 3.41)
• the development would not result in the presence on the building or structure of more than two antennas
• in the case of a satellite antenna, the size of the antenna, including its supporting structure but excluding any projecting feed element would not exceed 1.3 metres
• the highest part of the antenna or its supporting structure would be no more than 3 metres higher than the highest part of a building or structure on which it is installed or is to be installed
• the development is not in a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest; European Site or on a Category A listed building or scheduled monument or within the setting of such a building or, as the case may be, monument; or
• it does not involve the construction or installation of a ground based mast.

3.37 Regardless of the position with planning permission, listed building consent will be required for any dish that affects the character or appearance of a listed building or its setting and scheduled monument consent for any installation that affects a scheduled monument.

Other antennas

3.38 Examples of other antennas include fixed wireless access antennas for broadband or TV aerials. Some antennas may be treated as de minimis or they may not have a material effect on the external appearance of the building on which they are to be installed and therefore do not fall within the definition of development and therefore do not require planning permission.

3.39 However, many antennas are regarded as development and therefore require planning permission.

3.40 Permitted development rights for other antennas are very limited.

3.41 Part 20, Class 67 of the GPDO gives permitted development rights for the installation by a code system operator ² of two 'small antennas' on a dwelling house and 8 'small antennas' on other buildings. In certain designated areas ³, to comply with the GPDO, 'small antennas' on a dwelling house should not be installed on any part of a dwelling house that faces on to a road. For other buildings in these designated areas the GPDO does not allow the installation of 'small antennas' and permission would have to be obtained from the planning authority.

3.42 A 'small antenna' is currently defined as an antenna which:

1. Is for use in connection with a telephone system operating on a point to fixed multipoint basis;
2. does not exceed 50 cm in any linear measurement
3. does not in the two dimensional profile, have an area exceeding 1591 sq cm.

Subsections (ii) and (iii) exclude the feed element, reinforcing rim mountings and brackets.

Cable

3.43 Cable is installed and owned by telecommunications code system operators who benefit from specific permitted development rights which are not the subject of this consultation.

CHANGES TO THE PLANNING ARRANGEMENTS

4.1 The GPDO is intended to be a deregulatory mechanism that works by lessening the regulatory requirements of the planning system. It aims to strike a balance between the freedom to carry out various types of relatively small-scale and normally uncontentious development and the need to control where impacts are likely to be greater. By allowing such deregulation, the resources available for the operation of the planning system are able to be deployed efficiently to achieve the greatest benefit.

4.2 In taking forward this review and considering possible changes to the provisions it is necessary to take into account existing policies on digital TV and broadband and to look at the issues that surround the rollout of these systems.

NB - TV aerials - It should be noted that permitted development rights can only be granted where the installation of equipment is considered to be development. As mentioned earlier, most conventional TV aerials (including their mountings and poles) have long been treated as de minimis or they have not had a material effect on the external appearance of the building on which they were installed and so did not fall within the definition of development. As such, this consultation paper does not consider whether conventional TV aerials should benefit from permitted development rights.

4.3 An example of how the current arrangements, described in paragraphs 3.35-3.42 above, could be considered restrictive would be in relation to householders who wish to receive both satellite TV and broadband services via satellite. The different service providers and the different orbits of the satellites mean such householders would normally need two satellite dishes. The current arrangements for dwelling houses would mean the householder would have to apply for planning permission for the second satellite dish.

4.4 The number of dishes permitted on other buildings under the GPDO is limited. However, in blocks of flats there are often a greater number of households who wish to install a dish (for TV or broadband or both) than the permitted number of dishes. In such cases either a householder could apply for planning permission for an additional dish or consideration could be given to the installation of an integrated reception system.

4.5 An integrated reception system allows for a single dish to be installed which provides separate and independent access to digital TV / Broadband services to residents of the block. (Although, the provision of both services may require two dishes.) In addition, each of the dishes would only normally provide services from one service provider. As such all flats within a block would be limited to the services provided (unless a separate dish is installed). The technology requires a considerable initial outlay, although on a flat-by-flat basis, the process can be cost-effective. Further information about DTV and blocks of flats can be found in the DCMS booklet, Digital TV Information for Landlords. This can be accessed at www.digitaltelevision.gov.uk .

4.6 Even with the most deregulatory option in relation to other buildings this would not necessarily mean that all flat occupiers, for example, would be able to receive a service. Satellite reception is dependant on line of sight between the orbiting satellite and receiving dish. In some circumstances the flat/apartment may be on the side of the building that does not face the orbiting satellite.

General Principles

4.7 In the past, telecommunications and broadcasting technology was very different. The equipment used and the services provided were different and specific. The provisions were developed around that distinction. As technology has evolved, the difference between telecommunications and broadcasting technology has become blurred. The switchover to digital TV will further complicate this position. The systems will be very similar in that they are designed to communicate data - either for TV or for telecommunications such as telephone, e-mail or Internet. There will still, however, be different methods of receiving that data and consequently different equipment.

4.8 The planning system should not concern itself with what data is being transmitted and for what purpose. It should rather be more concerned with the impact that the equipment would have upon amenity. Equipment is likely to come in all shapes and sizes - poles, dishes, globes etc. The GPDO will need to be able to provide for this variety (subject to limits and conditions).

4.9 The existing provisions were framed around the technology that was available at the time. However, technology is continually changing. It would seem sensible that any changes to the GPDO should be flexible enough to cope with future technological developments.

4.10 The existing GPDO specifies certain size limits on the size of satellite dishes - measured in centimetres across the width of the dish. Antennas, other than satellite dishes, come in a variety of shapes and sizes. Some are cylindrical, others are more disc-shaped. If the GPDO is to be modified to include other types of antenna, it will be necessary to formulate a method of determining the size-by cubic capacity, for example-for other antennas. We propose that non-dish antenna be measured by cubic capacity, with restrictions on the linear measurement.

4.11 The GPDO includes a standard condition that to benefit from the freedoms in the GPDO antennas must be sited so as to minimise the visual impact on the building. In relation to buildings other than dwelling houses, an additional condition that any redundant equipment is removed is included. We propose to retain these existing provisions so as to be consistent with Executive policy of ensuring good quality design and visual amenity. If retained, these conditions would be in addition to the conditions and restrictions set out in the options to follow.

4.12 Scotland has a different geography, topography and population distribution from the rest of the UK which may affect the equipment required. The permitted development rights should recognise any particular Scottish requirements regarding telecommunications equipment.

4.13 The list of designated areas in which permitted development rights are restricted in relation to other buildings is extensive - see para 5.8(ii) below. This may represent an excessive amount of regulation in relation to the installation of antennas on existing buildings.

Options for change

5.1 As explained in section 3(b), current permitted development rights differ, depending on the type and location of the property. A small cottage in a conservation area, for example, will have different planning restrictions to those of an inner city apartment block, a commercial building, or a suburban semi-detached house.

5.2 In consequence, the options for change, set out in tables A to D are divided into types of premises:

Table A Dwellinghouses
Table B Dwellinghouses in designated areas
Table C Other Buildings
Table D Other Buildings in designated areas

5.3 The options are intended to deal with the spread of broadband and digital television technologies i.e. Option 1 maintains the status quo, Option 5 offers total deregulation in non-designated areas and a high level of deregulation in designated areas. Options 2-4 provide progressively deregulatory steps. These options therefore facilitate the development of existing and new networks and support the UK Government and the Executives' objectives on digital TV and broadband.

5.4 The only qualification to that comment is in respect of Option 2 in relation to buildings other than dwelling houses. At present 2 satellite dishes and 10 'small antennas' can be installed on such buildings under the GPDO. However the definitions used are very specific and in practice the permitted development rights for 'small antenna' are rarely used. In view of the relaxation in the size restrictions with the options presented, we consider that moving to an Option 2 allowing 10 antennas would in effect be too deregulatory. Our options in relation to buildings other than dwelling houses therefore depart from the pattern set out in relation to dwelling houses and designated areas.

5.5 Protection of visual amenity is highest at Option 1 and lowest at Option 5. Conversely access to the range of technologies is lowest at Option 1 and highest at Option 5. It should be remembered that satellite dishes and other antennas may be possible in excess of the limits set out in Options 1-4 and Option 5 in designated areas. These would however require planning permission and the decision on whether to grant permission would depend on the circumstances of the case. While planning permission would not necessarily be refused, the need to apply and the cost of making an application may discourage people from choosing a particular service.

5.6 The aim generally is to allow greater flexibility in terms of the type of antennas and the size and location of antennas to be installed under the terms of the GPDO. This would give people a choice as to who provides their telecommunications service, what these services are and equitable access to the latest technologies as they become available. There are some areas where, for example, it may not prove possible for providers to supply digital television services through an aerial in a cost effective way. For households in many of these areas digital services, via other platforms (satellite, for example) may be the preferred technical solution.

5.7 This aim of greater flexibility must be balanced against the impact on visual amenity as a result of possible deregulation leading to a proliferation of antennas of large size and unsympathetic and/or poor location and design. The lack of siting restrictions could mean that dishes and antennas are likely to be less sympathetic to environmental considerations.

5.8 The options set out in the tables use various terms which should be interpreted as follows:

(i) Chimney Mounted - Where an option does not refer to controls on the size of chimney mounted antennas then the intention is that chimney mounted antennas would not be permitted under the GPDO if that option were adopted.

(ii) Designated areas - at present in relation to satellite dishes on dwelling houses these are conservation areas and national scenic areas. In relation to antennas of any description on other buildings and 'small antennas' in relation to dwelling houses, the designated areas are a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest or European Site, or on a category A listed building or a scheduled monument or within the setting of such building or, as the case may be, monument . In designated areas, tougher siting restrictions are necessary in order to prevent significant visual impacts upon the areas.

(iii) Fronting - This phrase is used where an antenna is situated on a wall which is facing a road. Rear facing antennas (e.g. those overlooking a back garden) do not present the same visual intrusion as those facing a public road, which is why we have introduced this differentiation. However, some houses are set back a considerable distance from the road and cannot be seen from the road. In such circumstances, a "fronting" antenna cannot be said to present the same visual intrusion as a fronting antenna which is highly visible. In consequence the term "fronting antenna" denotes an antenna that must be both fronting and can be seen from the road it faces. The options therefore use fronting and non-fronting in order to retain a measure of control while increasing number and sizes of antennas allowable under the GPDO.

(iv) Roof Mounted - this term is used in the options as an additional measure of control on the numbers of antennas mounted on the walls of dwellings and other buildings to limit the impact on visual amenity. In effect, in some of the options, additional antennas have to be roof mounted in order to benefit from permitted development rights.

(v) Small Antenna - defined in paragraph 3.42 above. This definition is specific to particular technology and would not cover, for example, technology operating on a multi-point to a multi-point basis such as mesh radio. Options 2-5 do not therefore distinguish between 'small antennas' and other antennas.

(vi) Cubic Capacity (cc) - The existing permitted development rights assume that an antenna is measured in 2 dimensions, e.g. dishes. However, newer technology such as mesh radio antennas is more obviously three-dimensional there are no permitted development rights for such types of equipment and a householder would therefore be required to apply for planning permission for this type of equipment. The new options introduce volume constraints (e.g. 35 litres cc) in order to allow such new technology to benefit from the freedoms available under the GPDO.

How to Read the Tables

5.9 This section uses an example of one option to describe how to read the tables. Option 2 in Table A deals with dwellinghouses which are not in designated areas. Up to 3 antennas (that is satellite dishes and/ or other antennas) are allowed on such a dwellinghouses without requiring planning permission. However there are certain restrictions.

5.10 Only 1 of the three antennas can be located on the front of the house (Assuming the antennas on the front of the dwelling house would be visible from the road onto which the house faces - see definition of "fronting" in para 5.8(iii)). Therefore any combination of:

1 on the front of the house
1 on the back of the house
1 on the front and one on the back
1 on the front and two on the back
3 on the back

would be allowed under the GPDO.

First Satellite Dish or Other Antenna

5.11 If the first antenna on the house were a satellite dish, either on the front or the back, it could be up to 100cm in diameter.

5.12 If the first antenna on the house were an "other antenna", either on the front or the back, it could be up to 100cm in any linear dimension and up to 35 litres cc in volume.

Second and Subsequent Satellite Dish or Other Antenna

5.13 Where either a satellite dish or other antenna of the above mentioned larger dimensions is already in place, then any subsequent satellite dish can only be up to 60 cm in diameter.

5.14 Similarly, where either a satellite dish or other antenna of these above mentioned larger dimensions is already in place, then any subsequent other antenna can only be up to 60 cm in any linear dimension and up to 35 litres cc in volume.

Other Points

5.15 If a satellite dish or other antenna is to be mounted on a chimney, then it can only be, respectively, up to 60 cm in diameter or up to 60 cm in any linear dimension and up to 35 litres cc in volume.

5.16 If the only antenna in place were a satellite dish of 60 cm in diameter, then it would be possible to put in place an additional satellite dish or other antenna of the larger size, i.e. 100cm diameter or 100cm in any liner dimension and 35 litres cc respectively. It is the overall outcome rather than the order in which antennas are installed which is important.

5.17 If an existing antenna (be it a satellite dish or other antenna) is a "fronting" antenna, then any subsequent antenna (be it a satellite dish or other antenna) cannot be located on the dwellinghouse such that it faces the road under the permitted development rights in the GPDO.

5.18 5.18 In any event, a satellite dish or other antenna should not exceed the highest part of the roof by more than 60 cm or where a satellite dish or other antenna is installed on a chimney it should not protrude above the highest point of the chimney.

1. Ofcom Digital Television Update Q4 2003 - Published on 20 February 2004

2. Code System Operator - Developer who has received from OFCOM rights to use the electronic communications code. This confers certain rights and obligations on them in rolling out communications infrastructure.

3. As defined in paragraph 5.8(ii) of this consultation paper

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