Class H – satellite dishes on a house

You might not need a satellite dish the size of the one in the in the image below, but the General Permitted Development Order (GPDO) allows for satellite and other microwave antennae (to give them their correct name) to be erected on many homes or within their curtilage without the need for any planning. Needless to say there are a couple of restrictions on satellite dishes, which we will cover in this article.

All these permissions are contained within Part 1 of the GPDO and apply only to dwelling houses. Before starting work check to see if there any conditions that have been placed on your property. These are quite common on new build properties or maybe as a result of a previous planning approval. In those cases full planning permission might be required relevant to that condition or restriction.

So when Sky come and install a satellite dish on your house, they are using Class H in order to carry out the work. I reckon the engineer from Sky doesn’t know that!

Please note that Class H, does not refer to TV or radio aerials.  These are likely to not be considered development if erected on a roof and are considered de minimis* in most cases. Many websites incorrectly assume that it does. This includes the portal, local authority websites and even the Welsh Government website! 

 

 

 

Where else can’t we benefit for satellite dishes?

 

These permissions do not apply to satellite dishes on flats or maisonettes. Nor do they apply to houses that have been converted from agricultural buildings, storage, light industrial, shops or casinos.

They do however apply to houses (not flats) converted from offices under Class O. There are also restrictions of the building is listed, in a conservation area, AONB, Broads or Heritage site. They might also have been removed as a result of an Article 4 or a condition on a previous planning application.

 

 

 

The restrictions….

 

If you have read any of the other sections on Planning Geek, you will be aware that there are a few restrictions! Satellite dishes are no exception.

• No more than two satellite dishes within the curtilage
• Can’t exceed more than 1 metre in length or diameter
• If installed on a chimney, the length or diameter can’t exceed 0.6 meter
• If installed on a chimney, it can’t protrude above the chimney
• Can’t be above the highest point of the roof if not on a chimney
• On Article 2(3) land not on a chimney, wall or slope which faces onto or is visible from a highway or on a building higher than 15 meters
• On the broads – not on a chimney, wall or slope which faces onto or is visible from a waterway
• Any satellite dish must be sited to minimise the effect on the external appearance
• If it is no longer used for transmission is must be removed as soon as possible.

 

Also see Permitted development rights for householders – Technical Guidance 

 

Legislation

 

Class H – microwave antenna on a dwellinghouse

Permitted development

H. The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

Development not permitted

H.1 Development is not permitted by Class H if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class G, M, MA, N, P, PA or Q of Part 3 of this Schedule (changes of use);

(b) it would result in the presence on the dwellinghouse or within its curtilage of—
(i) more than 2 antennas;
(ii) a single antenna exceeding 1 metre in length;
(iii) 2 antennas which do not meet the relevant size criteria;
(iv) an antenna installed on a chimney, where the length of the antenna would exceed 0.6 metres;
(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or
(vi) an antenna with a cubic capacity in excess of 35 litres;

(c) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(d) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 0.6 metres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(e) in the case of article 2(3) land, it would consist of the installation of an antenna—
(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;
(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or
(iii) on a building which exceeds 15 metres in height.; or

(f) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

Conditions

H.2 Development is permitted by Class H subject to the following conditions—
(a) an antenna installed on a building must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and
(b) an antenna no longer needed for reception or transmission purposes is removed as soon as reasonably practicable.

Interpretation of Class H

H.3 For the purposes of Class H—
(a) the relevant size criteria for the purposes of paragraph H.1(b)(iii) are that—
(i) only 1 of the antennas may exceed 0.6 metres in length; and
(ii) any antenna which exceeds 0.6 metres in length must not exceed 1 metre in length;

(b) the length of the antenna is to be measured in any linear direction, and excludes any projecting feed element, reinforcing rim, mounting or brackets.

 

• De Minimis- the shortened version of ‘de minimis non curat lex’ – is a legal maxim roughly translated as “the law does not concern itself with trifles.” It is legal principle applied by the courts and, as such, is not described or dealt with in the Planning Acts. It is applied where a trifling infringement is brought to the attention of the court, but where the deviation is of so little consequence that, if continued, would weigh little or nothing in the public interest and might properly be overlooked. What is treated as de minimisis the decision of the courts based on the facts of the case. It is not within the gift of the Local Authority Planning Departments, to decide whether or where the principle should be applied, nor can the decision of the courts be anticipated in this way.

 

 

Page updated: 12th September 2023