[UK-CONTEST] MOBILE TOWER

[Nick Totterdell]

Erik

This is an interesting question and the answer is not clear. What is clear
however is that to "get away with it" using a mobile tower, it has to be
erected within the domestic curtilage of the property in question (in the
garden). In an adjacent paddock, say, you can erect whatever you like, as
long as the equipment is only there for 28 days per calendar year. I put the
"tower in the garden" question to the planning officer in Lincolnshire as
worded below and his answer follows.

Is planning consent required for the storage and/or erection of one or more
mobile towers within the residential curtilage of the cottage?

Response: Freestanding aerials within domestic curtilages of dwellings may
be covered by the uses incidental to the enjoyment provision such as cases
where aerials are mounted on trailers and brought into a garden when needed.
It can be the case that mobility and lack of attachment to the ground meant
that operations were not involved and therefore not permitted.  However, in
considering the matter of whether the use is incidental to the enjoyment of
the dwelling house it could be argued that a material change of use has
occurred if the mast or masts were of a type supplied for commercial and
professional use and would present the appearance of specialised technical
equipment. It would be a primary use of land in its own right. In addition
if there are 4 mobile structures stored on the site it could be argued that
this is beyond what can be considered as incidental and that a mixed use is
occurring comprising of a dwelling and storage of radio aerials.

If you can understand this then you are doing well! I think the bit about
"operations" means that connecting up an aerial could be argued to give the
tower of degree of permanence and therefore not be permitted!

73 Nick G4FAL