s A.3 Prior approval
(1) The developer must give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)— (a) by serving a developer’s notice on every such person whose name and address is known to the developer; and (b) where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement. (2) Where the proposed development consists of the installation of a mast within three kilometres of the perimeter of an aerodrome, the developer must notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by paragraph (3). (3) Before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development. (4) The application must be accompanied by– (a) a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; (b) the developer’s contact address, and the developer’s email address if the developer has one; and (c) if the development involves the installation of one or more antennas, unless they are all small cell antennas, a written declaration that the equipment and installation to which the application relates is so designed that it will, when installed, operate, having regard to its location and the manner in which it has been installed, in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in the EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz); and (d) where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and (e) where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal. (5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority must— (a) for development which, in their opinion, falls within a category set out in the table of schedule 4 to the Procedure Order , consult the authority or person mentioned in relation to that category, except where– (i) the local planning authority are the authority so mentioned; or (ii) the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted, and give the consultees at least 14 days within which to comment; (b) in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order — (i) by site display in at least one place on or near the land to which the application relates for not less than 21 days and (ii) by local advertisement; (c) in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of one hectare or more, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order— (i) by site display in least one place on or near the land to which the application relates for not less than 21 days, or (ii) by serving notice on any adjoining owner or occupier, and (iii) by local advertisement; (d) in the case of development which does not fall within (b) or (c), give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order— (i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or (ii) by serving the notice on any adjoining owner or occupier. (6) The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3). (7) The development must not be begun before the occurrence of one of the following— (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (b) where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which they received the application; (c) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the authority received the application without the authority notifying the applicant, in writing, that such approval is given or refused; (d) the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the authority notifying the applicant, in writing, of their determination as to whether such prior approval is required. (8) The development must, except to the extent that the local planning authority otherwise agree in writing, be carried out– (a) where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved; (b) in any other case, in accordance with the details submitted with the application. (9) The agreement in writing referred to in paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval. (10) The development must be begun— (a) where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given; (b) in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in paragraph (4). (11) In a case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice to the local planning authority of such development as soon as possible after the emergency begins.