What planning regulations and ownership provisions require to be met before the erection of a mobile phone transmitter mast.

As with any other form of development, mobile phone transmitter masts require planning permission from the planning authority, unless they qualify for permitted development rights under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Class 67 of the Order sets out the permitted development rights for telecommunications code system operators, and includes, among other things, the erection of masts. Not all mobile phone masts benefit from permitted development rights. For example, permitted development rights do not apply in the case of ground based masts over 15 metres in height. Such masts would require planning permission from the planning authority.Telecommunications code system operators are granted Telecommunications Code powers (contained in Schedule 2 to the Telecommunications Act 1984 ("the Code") in their Telecommunications Act licences. In respect of land, the Code requires operators to obtain the agreement of the occupier of the land to install apparatus or execute works on it. If such an agreement is not made, operators may ask the Court to allow them to dispense with consent to access particular land and to set out the consideration to be paid for such access.