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[Woolwich]

Where can I find the legislation allowing OR or AltNet to build cabinets and the like? Where are these mysterious 'code powers'?

More specifically do the code powers allow (within reason) network providers to place a cabinet on a street without planning permission? I've looked through the permitted development rights (as applying in Scotland) but this only allows building on sites 'under the control' of the operator. So not your average street.

Or if planning is required do the code powers smooth the way?

TL;DR What is the process a telco has to go through to place a cabinet on a pavement? Bonus points for specific reference to Scotland.

[Alex Atkin UK]

Does this help?
https://www.gov.scot/publications/planning-circular-2-2015-consolidated-circular-non-domestic-permitted-development-rights-updated-2021/pages/11/

[Woolwich]

Does this help?

I think so. I also think I saw that before but still have questions! (It also appears to be mostly about mobile comms so this may have misled me.)

First it says
" in, on, over or under land controlled by that operator or in accordance with the electronic communications code."

So as I'm asking about land not under the control of the operator what is " accordance with the electronic communications code"?
So now I probably want to find that to learn what AltNet can do on the street they don't own as a PDR.

If an operator can drop a cabinet on the street the power will be "Ground based equipment housing
33. Class 67(5) and (6) place limitations on PDR for development involving ground based equipment housing" which allow small cabinets under PDR.

How am I doing? Any further pointers always welcome!

[Alex Atkin UK]

I can never make head or tails of legal documents and everything is always spread all over the place, subsection blah blah.

[Woolwich]

I think it's saying: you can build whatever without planning permission on your own land and you can put cabinets etc on the public road and if you have the landowner's permission on their land too.

So my understanding, with code powers you can put that cabinet more or less wherever you want, no questions will be asked.

[Alex Atkin UK]

Kinda tallies with the pole they put up here too, the only requirement being to put a notice on it telling people they can object.

[j0hn]

https://www.ofcom.org.uk/phones-telecoms-and-internet/information-for-industry/policy/electronic-comm-code

[craigski]

I recall FTTC roll out stalled in London, Kensington & Chelsea area for sometime, as the council did not approve of the larger FTTC street cabinets cluttering their streets.

[Woolwich]

I recall FTTC roll out stalled in London, Kensington & Chelsea area for sometime, as the council did not approve of the larger FTTC street cabinets cluttering their streets.

If that wasn't before the current code powers (FTTC is old!) there are places permitted development is not permitted. That includes conservation areas. Otherwise, today, as far as I can see, you can stick a cabinet up to a certain size where you want.

[Woolwich]

https://www.ofcom.org.uk/phones-telecoms-and-internet/information-for-industry/policy/electronic-comm-code

That's easier to read than the actual code!