Regulation 39 Deployment and operation of small-area wireless access points
(1) A local authority shall not unduly restrict the deployment of small-area wireless access points.
(2) Local authorities shall not subject the deployment of small-area wireless access points complying with the characteristics laid down pursuant to Commission Implementing Regulation (EU) 2020/1070 of 20 July 2020 [OJ L 234, 21.7.2020, p. 11.], to any individual town planning permit or other individual prior permits.
(3) Notwithstanding paragraph (2), a local authority may require statutory permits (within the meaning of the European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016)) for the deployment of small-area wireless access points on buildings or sites of architectural, historical or natural value protected in accordance with law or where necessary for public safety reasons.
(4) This Regulation is without prejudice to the essential requirements laid down in the European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017) and to the authorisation regime applicable for the use of the relevant radio spectrum.