As part of the UK Government’s drive for expanding the UK’s digital infrastructure under “UK Infrastructure: A 10 Year Strategy”, the Department for Science, Innovation and Technology (DSIT) and the Ministry for Housing, Communities and Local Government (MHCLG) launched a call for evidence seeking views on potential planning reforms to facilitate the deployment of digital infrastructure in England – for example 5G and full fibre in rural areas and the deployment of small cell technology.
The Call for Evidence was particularly aimed at wireless and fixed network operators, neutral host providers and infrastructure providers as well as public authorities, regulators, and community groups, but anyone can submit comments. The Government wants to understand barriers that may exist in the planning system to deployment of, in particular, low-impact upgrades for 5G and/or new small cell system equipment which are seen as a vital part progressing the UK’s digital infrastructure strategy.
Current planning position
Electronic Communications Code Operators are afforded a number “permitted development rights” which allow Code Operators to undertake certain works (e.g. masts, radio housing equipment etc.) without having to apply for planning permission. This provides valuable programme certainty for operators. avoiding the problems inherent in the planning process, including delays, inconsistent approaches between planning authorities, and the risk of permission being refused.
The various categories of permitted development rights for Code Operators in England are set out in Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO). There are several complicated conditions and/or restrictions controlling what development can / can’t be carried out under the permitted development rights, including in some cases the requirement to get “prior approval” from the planning authority of specific matters or giving notice to the planning authority before works are commenced.
Given the fast pace of innovation in the industry and advances in equipment, it is potentially felt that the GPDO is not keeping up with progress and impeding the roll out of much needed digital infrastructure. The fact that the Call for Evidence has been published less than 4 years since the last update of the GDPO in 2022 in respect of Code Operators’ permitted development rights says a lot.
The Call for Evidence
The Call for Evidence has identified nine policy areas that evidence is sought on:
- temporary redeployment after a Notice-to-Quit is served by a landlord
- expanding permitted development rights for larger rooftop infrastructure on “protected land”
- expanding permitted development rights for ground-based masts
- bringing fibre-exchanges into permitted development
- small cell systems and lifting restrictions on size
- updating the Wireless Code of Practice
- new build connectivity – mobile
- rail connectivity and coverage
- assessing the impact of previous planning reforms
The specific questions within the Call for Evidence go into more detail and focus on the potential barriers, the desirability of expansion of permitted development rights and the level of consistency in application of the rules by different planning authorities.
The period for responses closed on 26 February 2026.
Comment
Legislation in fast moving industries is often playing catch up. Changes are made iteratively to bring it up to date, but industries and equipment are constantly evolving as technology develops. So it is no wonder that Code Operators’ permitted development rights are being looked at again given the UK Government’s aspirations in relation to connectivity and the role this plays in economic growth and the delivery of a wide range of government policy.
The Call for Evidence a good opportunity for stakeholders to input into changes that are needed in the planning system. Those dealing with the current challenges, barriers and delays in relation to the deployment of digital infrastructure posed by planning are optimally placed to share experiences and steer reforms to most benefit the industry and its consumers.
The Government is asking for as much evidence as stakeholders can offer to inform how they proceed with the reforms and draft measures.
For anyone who has ever had to look at the permitted development rights and the various conditions and exclusions within Part 16 of the GPDO, there is one question that may produce a reasonably long response: “How clear are the current Part 16 rules? “.
If you would like to discuss the Government’s call for views or the barriers you have encountered with the planning system and how these could be addressed through changes to the GDPO, please get in touch with your usual Brodies contact.
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