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Satellite Dishes and Other Antennas

Regulatory Impact Assessment

Title of proposed measure: Amendment to the Town & Country Planning (General Permitted Development) (Scotland) Order 1992

The issue and objective:

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

From time to time, it is necessary to review those rights to ensure they remain up to date and relevant. The current GPDO provisions relating to satellite dishes were introduced in 1992, with amendments made in 1998 (SI1998/1226) and 2001 (SSI2001/266). However, significant technological advances have been made since that time, particularly in the development of broadband delivery. There is now a wide range of equipment used to deliver satellite and broadband services, much of which does not fall within the existing permitted development rights for satellite dishes. It is therefore necessary to review the existing provisions to decide whether they are still appropriate and whether permitted development rights should be applied to additional types of equipment.

In setting the limits for permitted development, it is necessary to strike a balance between the freedom allowing people to develop property and safeguarding amenity, especially in sensitive areas such as Conservation Areas, the National Parks and National Scenic Areas. Scotland is renowned for its outstanding natural heritage and it is important that this principle continues to be applied irrespective of the type of equipment to be installed.

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

Objective: To reform the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 ( GPDO) to ensure that the provisions are up to date, taking into account the changes in technology, and striking a balance between the liberty to carry out small scale, uncontentious development and the need to control where impacts are likely to be greater.

1. (ii) Risk Assessment:

The proposed changes to the GPDO are mostly deregulatory - either to a greater or lesser degree. However, the subject of satellite dishes, particularly, can be an emotive one. TV is watched by the vast majority of the population, and the use of broadband is increasingly seen to be the future of data communication and wireless broadband will be a way of achieving that. The subject of how such services are transmitted to the home often polarises opinion between those who advocate unrestricted access to satellite dishes and those who would prefer the necessary equipment to be completely hidden from view.

2. (i) Identify options:

Five options have been identified. In all cases, special conditions would apply to designated areas.

Option 1 - no change :

Retention of the existing GPDO.

This option maintains the status quo. This policy is intended to facilitate access to satellite service to the majority of properties, whilst protecting the environment from its visual impact. However, progress in technology and demand for enhanced quality services (digital TV and data transmission), has highlighted some shortcomings with the present arrangements.

In particular, the current GPDO allows for only one dish per property and restricts the use of small antennas. It therefore does not facilitate access to TV, voice and data transmission services, but requires the consumer to choose only one of these options.

Option 2 - moderate deregulation:

Moderate amendment of the existing GPDO.

This option is a moderate deregulatory change. It is intended to offer a balance between increased access to satellite and other telecommunication services whilst maintaining a high level of protection for the environment.

This option offers enhanced flexibility as to the type of antennas permitted. However, there are restrictions on the number of permitted antennas, as well as their size and where they are sited.

Option 3 - increased deregulation:

Increased level of amendment to the existing GPDO.

This option offers an increased level of deregulation. Except for designated area, the numbers of permitted antennas is increased, although some restrictions on the size and siting of antennas are retained in order to protect the environment.

This option maintains the flexibility offered by Option 2 as to the type of antennas permitted, and offers increased flexibility as to their installation, although some restrictions on the number of permitted antennas, their size and siting remain.

Option 4 - further deregulation:

Further amendments of the existing GPDO.

This option increases the deregulation still further. The numbers of antennas is increased, and some of the restrictions on size and siting are relaxed. This option is highly flexible in terms of facilitating increased access to TV and broadband services; although some restrictions are retained to protect visual amenity.

Option 5 - maximum deregulation:

Significant amendment of the existing GPDO.

This option offers the maximum level of access to satellite and other telecommunication services, but does so at the likely cost of greater visual and environmental impact.

This option facilitates access to satellite TV and broadband services nationwide, with no restrictions as to the numbers or size of the antennas, or their siting on the property. This "open-ended" option has the greatest potential for environmental impact, as antennas can be insensitively located on premises. It would, however, allow properties in designated areas to benefit from access to satellite/broadband facilities which would otherwise require planning permission.

2. (ii) Issues of equity or fairness

Option 1 is a 'no change' strategy. However, for many in rural or more remote regions of Scotland, a satellite dish is the only means of access to both broadband and digital TV. Maintaining the status quo effectively compels householders in these regions to choose one of these services. (Planning permission would be required for a second dish/antenna, and may not be forthcoming.) There are, therefore, issues of fairness in terms of rural exclusion.

Options 2-4 offers a range of applications, the effect of each one being dependent on type of building concerned and its location. All options strive to attain an equitable balance between deregulation and restrictions, although they are arranged so that deregulation measures are increased incrementally. Option 2 should serve the requirements of most households in the country, although - due to concerns about environmental protection - the restrictions are more stringent, especially for those living in designated areas, and there are issues for those living or working in large buildings. Options 3 and 4 offers greater flexibility in this respect, but with a concomitant loss in environmental protection.

Except for designated areas, Option 5 is totally de-restrictive, and impacts equally on all properties, whether residential, industrial, or commercial. For designated areas, Option 5 is the most deregulated option, but due to the statutory purposes enjoyed by designated areas, total deregulation is not available.

3. (i) Identification of benefits

The benefits of Options 2-4 would be added ease of access to digital services. The growth of digital TV could be constrained by GPDO restrictions on satellite dishes, which could lead to delays to the full digital switchover. A number of households may not be able to receive digital television through an aerial. For the majority of these, delivery by satellite is technically possible. However, current planning restrictions could stand in the way of this technical solution, potentially undermining switching off of analogue terrestrial transmissions. As the re-use of the electromagnetic spectrum currently used by analogue signals should generate economic benefit, delays in this regard are not insignificant.

The Government's target is for the UK to have the most extensive and competitive broadband market in the G7 by 2005. This is part of the wider target for the UK to be the best place in the world for e-business by 2006. At present some 67% of the population can access terrestrial broadband; the remainder are dependent on satellite as the only affordable option. It is not possible to estimate how many consumers and SMEs are restricted in their ability to receive broadband by planning regulations.

While the value of the benefits arising from individual consumers having access to broadband services is difficult to quantify there is some evidence for the value to small businesses. A report by Fletcher Advisory found that nearly half of small businesses experienced productivity gains within a few months and three-quarters expect to see further gains over one to two years. These benefits were expected to result from reduced costs, increased employee satisfaction and availability of new services. Fletcher Advisory estimated that access to 40% of SMEs could add 4.7 billion annually to the bottom line of the companies involved. Multiplying by the fractions of those unable to access other technologies and restricted by planning regulations this could be the order of 0.5 billion.

no change:Option 1 -

Option 1 is the most restrictive option, offering the likelihood of the lowest impact of satellite dish/antenna development work on the environment. However, it is arguable as to whether a small (60cm) satellite dish has more, or less, harmful visual impact than the rooftop cluster of redundant TV aerials which - potentially - it could replace.

moderate deregulation:Option 2 -

Option 2 would facilitate increased access to TV/broadband services, whether available by satellite or other antenna. However, Option 2 places heavy focus on environmental concerns. In consequence, there are limits to the numbers and sizes of dishes/antennas (by width across the dish; cubic capacity for the antenna); and limitations regarding the siting of dishes and antennas. There will also be reduced costs as (in some cases) planning applications will not be required.

However, its sensitive approach to environmental concerns, particularly in designated area sites, means that some living in those areas may require planning permission to enable satellite or broadband services.

increased deregulation:Option 3 -

Option 3 also facilitates increased access to TV/broadband services, whether available by satellite or other antenna, but offers increased flexibility. There are restrictions to the numbers of dishes/antennas, as well as their size and siting on the property, but -- whilst there are variations between types of property -- these limits are generally relaxed. In consequence, there will also be reduced costs as there is less likelihood of the need for planning applications.

It thus maintains a sensitive approach to environmental concerns, but focuses more on increased access to satellite or broadband services.

further deregulation:Option 4 -

Option 4 goes a step further towards increased access to TV/broadband services. Environmental concerns are more narrowly focussed, for instance by restricting on numbers of antennas where the antenna is fronting a road. There are limitations of the sizes and the siting of dishes/antennas, although these are slightly relaxed. As with Option 3, there will also be reduced costs as there is even less likelihood of the need for planning applications.

Option 4 tries to maximise the flexibility for householders as regards the installation of antennas, whilst maintaining an acceptable level concern for the environment, particularly in designated areas.

maximum deregulation:Option 5 -

Option 5 allows the maximum possible access to TV/broadband services. Except for those living in designated areas, option 5 is a not restrictive and facilitates a wide take-up of services available via satellite dish or other antenna. This means that planning permission is not a requirement and is therefore a cost reduction. For designated areas, Option 5 is less restrictive and planning permission is less likely to be required. However, this approach is not attentive to environmental concerns.

3. (ii) Quantifying and valuing the benefits

: No changeOption 1

No perceived benefit in terms of increased access to satellite or broadband services. However, the retention of existing controls is likely to result in a lower level of satellite dish and other antenna installations, which is generally believed to have positive consequences for environmental protection, for which there is no monetary equivalent.

increasing deregulationOption 2 - 4: :

This options allow for an incremental increase in access to satellite or broadband services Whilst, Options 2 and 3 preserve a greater degree of environmental protection, particularly in designated areas, with Option 4 environmental protection is a lower priority. And this may become apparent in designated areas. It is difficult to place a monetary value on the benefit derived from the availability of these services, however as access to satellite and broadband services become easier to obtain, it follows that there would be benefits as a consequence whilst still affording some protection to the environment.

: maximum deregulationOption 5

Except for designated areas, this option maximises deregulation, offering unlimited access to satellite or broadband services. For designated areas, access is increased still further.

For the majority of the country, this option uncouples any degree of planning control over dishes and other antennas. It is unrestrictive, and does not seek to maintain any level of protection for the environment. For designated areas, however, a degree of environmental protection is maintained.

4. (i) Compliance costs for business, charities, & voluntary organisations

There are no costs of compliance, as such. Businesses, charities, and voluntary organisations are not required to install satellite dishes or other antennas to access TV/broadband services. However, should these institutions wish to install such equipment, or equipment in addition to those permitted by the regulations, it may be the case that planning permission is required before such equipment could be installed. In any case, we are referring only to the costs of planning permission applications - both in terms of their actual application costs (currently 110) and the time taken for planning authorities to decide them. We are not referring to the costs of dishes or antennas, or their installation charge, which is variable from place to place.

4. (ii) Compliance costs for the consumer/householder

Option 1 - no change

No additional costs to consumer/householder, other than costs already inherent within the Current GPDO.

There is a range of cost implications to the consumer depending on where they live, what equipment they own, and what TV and/or broadband services they wish to access. Currently, access to all digital terrestrial services is only possible for around 75% of households in the UK. The majority of the remaining 25% of households could receive these digital television services technically by satellite. In some of these areas, however, in addition to the cost of the dish and the digital adaptor, planning permission would be required. The cost of an application for planning permission is currently 110.

Options 2 - 4: increasing deregulation

Reduced costs: Increased number of dishes/antennas before planning permission required. GPDO broadened to include antenna providing voice, data and TV services, reducing the requirement for planning permission for such equipment.

Option 5 - maximum deregulation:

Reduced/zero costs. Except for designated areas, no limit on numbers of satellite dishes or other antennas; no size limit or siting restrictions; planning permission not required for any antenna installation.

4. (ii) Compliance costs for a typical business

Option 1 - no change:

No additional costs to businesses, other than such costs as are already inherent within the current GPDO.

Option 2 - 4 : increasing deregulation:

Reduced costs. Increased number of dishes/antennas before planning permission required. GPDO broadened to include antenna providing voice, data and TV services, reducing the requirement for planning permission for such equipment.

Option 5 - maximum deregulation:

Reduced/zero costs. Except for designated areas, no limit on numbers of satellite dishes or other antennas; no size limit or siting restrictions; planning permission not required for any antenna installation.

4. (iii) Total compliance costs

Option 1 - nil additional cost

Option 2 - 4

Very difficult to make estimates but likely to be reduced. On basis that 110 application fees would no longer be required for applications concerning non-telephony antennas, and or second dishes/antennas.

Option 5 - Cost are likely to be severely reduced. Except for designated areas, there is no limit on numbers or sizes of dishes/antennas, nor any restriction on their siting. Some restrictions remain in place for designated areas, but the limits are high. In consequence, planning permission is unlikely to be required for the majority of installations.

5. Consultation with small business: "The Litmus test"

The options do not affect small businesses unduly. The proposed measures are based on property type, and location. However, in cases where there is a single building with a number of smaller businesses located in single units within it, there may be issues regarding access to satellite dishes/antennas - particularly if the building is not equipped with an integrated reception system. (This allows a number of users to feed off a single dish.)

Although Options 2 to 4 are all deregulatory, and restrictions are relaxed incrementally, they are all restrictive to some extent regarding the numbers of dishes permitted per building. In non-Integrated Reception Service (IRS) served buildings, the restrictions would prevent additional dishes being installed without planning permission. In some cases, but particularly options 1-3, this could have an adverse effect on take-up and availability of broadband services in those areas where DSL and Cable are not available, and wireless broadband is the only option.

6. Identify any other costs

Option 1 maintains the status quo. However, as previously indicated, there may be costs associated with inaction. The current restrictions on small antenna are particularly prejudicial to broadband services, which could affect businesses as well as residences. Option 1 could also affect the growth of digital TV - particularly in designated areas, where the existing restrictions are more stringent.

Options 2 to 4 are generally deregulatory. However, option 2 is the most restrictive of the three, especially for designated areas, and may discourage some householders from installing satellite-based systems altogether. In some regions of the country, where digital television received through an aerial is not possible and there is no access to cable networks, this policy could potentially delay full digital switchover.

Options 3 and 4 are more flexible in this respect, although they maintain some level of restrictions in respect of size and siting, and the numbers of fronting antennas is more heavily controlled than non-fronting ones.

Other than for designated areas, Option 5 is totally deregulatory. This obviously permits householders/businesses a great degree of freedom, although concerns about antennas affect on the environment could escalate as a result. This effect on the environment is a particularly important one within Scotland. As noted earlier, Scotland is renowned for its outstanding natural heritage and beauty. These attributes draw many thousands of visitors to Scotland each year and tourism is a vital part of Scotland's economy. There is potential for some of the options (especially Options 3, 4 and 5) to have such an impact on the visual amenity of some areas that it is possible that tourism may be affected.

For Treasury, any hindrance to the growth of digital TV could lead to a delay to the date of full switchover - with its consequent potential loss of economic benefit.

7. Results of consultation

Consultation has taken place with the industry, DCMS, DfT, Historic Scotland and colleagues within the Scottish Executive's Industry, Environment and Rural Affairs, Education, and Health Departments. They indicated that they were broadly content with the terms and content of the paper, subject to some minor amendments. They will of course have the opportunity to comment formally on the issues contained in the paper in terms of their own individual remit.

8. Enforcement and sanctions

The existing enforcement provisions would apply to the new arrangements as they do to the current procedures. Any 'development' which did not comply with the requirements of the new GPDO, and did not enjoy planning permission, would be open to enforcement action by the planning authority. Similarly, in areas where there may be concern about the effect deregulation may have on visual amenity, planning authorities may promote an Article 4 Direction which would revoke the provisions of the GPDO.

9. Monitoring and Review

It will be difficult to quantify how effective any new legislation that may come out of this review will be. We may see a reduction in the number of applications being dealt with by planning authorities however; the data we collect does not provide such baseline information. Colleagues in the Energy and Telecommunication Policy Division may be able to supply us with figures on broadband uptake which again may provide us with an insight into how effective any changes might be. We may also receive feedback from the Industry, who may highlight any problems. Any legislation which may be introduced following the conclusion of the consultation will be reviewed after a suitable period of time.

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