Meeting documents

APPENDIX 2

Overview and Scrutiny Panel 28th October, 2002

Telecommunication Masts

Briefing Paper on Planning Policy Issues for

Corporate Issues and Partnership Overview and Scrutiny Panel

Introduction

This Briefing Paper details the Governments current planning policy relating to telecommunication masts, the Local Plan policies, the controlling mechanisms which are in place, together with the particular local circumstances of this District. Further work and research is now in progress to help inform the Executive in the development of policy. The areas of further work and research are detailed at the end of the Briefing Note.

Background

The Government's policy on telecommunication systems is clearly laid out in their Planning Policy Guidance 8 (PPG8) which was published in August last year.

The Government considers that fast, reliable and cost effective communications can attract business to an area and help firms remain competitive, thus contributing to the achievement of other policy goals including increased employment opportunities. They also emphasise that good communications can enrich life at home and offer new choices in education and entertainment, in shopping and banking. It can also benefit the environment through reducing the need to travel, and hence reduce vehicle emissions of carbon dioxide and other pollutants.

There are currently seven principal telecommunication systems with physical developments associated with them:

(i) Fix-link (tower up to 60 metres in height supporting antennas).

(ii) Fixed Wireless Access (reasonably discreet small antennas).

(iii) First Generation Mobile (now closed down).

(iv) Second Generation Mobile (antennas 1-3 metres in height but often attached to high towers or buildings).

(v) Third Generation Mobile (using old and new structures as above).

(vi) Terrestrial Trunk Radio (TETRA) (similar to mobile phones).

(vii) Other National and Local Networks (Long wire type antenna).

Current Planning Controls

All telecommunication development is subject to development control. However, relatively minor development does not require express permission. The details are as follows:

· Minor Development: The smallest antenna are covered by the principle of 'de minimus' where because they are so small they are inconsequential and no consent is required. However, operators required to provide 28 days notification to local planning authorities of their intention to install.

· Prior Approval Proposals: In general masts up to and including 15 metres in height do not require planning permission. However, the operators have to submit a 'prior approval' application which the Local Planning Authority has 56 days to deal with. The Local Planning Authority can only look at issues relating to siting and appearance. It should be noted that these provisions do not apply to Areas of Outstanding Natural Beauty (A.O.N.B.) and Conservation Areas, where normal planning permission is required.

Planning Policy

The Government advice is that there should be appropriate policies within the Local Plan to address the issue of Telecommunications development. They say that plans should normally include criteria-based policies, which are flexible enough to allow for the efficient development of the network and the demands imposed by the technology. In certain circumstances, a site could be allocated for major telecommunications development such as tall masts.

There are currently two policies on telecommunications in the emerging Bath and North East Somerset Local Plan. These are attached as an appendix, and are based very much on the guidance within PPG8.

Local Context

This Council has large areas of A.O.N.B.s, Conservation Areas, a World Heritage Site and a Green Belt. The implications of this are two fold:

(i) There are large parts of the District (within the A.O.N.Bs and Conservation Areas) where planning permission is required for all masts other than the 'de minimus' installations.

(2) PPG8 makes it clear that new masts pose challenges to the protection of Green Belt, A.O.N.B.s etc. and operators have to go through a process of site selection to show that there are no alternatives outside of these areas. Visual amenity is a key factor and special circumstances have to be shown in Green Belts. In the Government's view, the lack of suitable alternative sites could be considered a very special circumstance. The Council has refused masts based on impact on the environment and openness of the Green Belt. These have been successfully defended on appeal.

Health

The Government makes it clear that health considerations and public concerns can in principle be material considerations in determining applications. However, it is their "firm view" that the planning system is not the place for determining health safeguards. If an installation meets the International Commission on Non-Ionising Radiation Protection (I.C.N.I.R.P.) guidelines for public exposure it should not be necessary for a local planning authority to consider further the health aspects and concerns about them. Applicants should include statements in all applications that when operational they will meet these guidelines.

The Government are also of the view that local planning authorities should not implement their own precautionary policies, e.g. by way of imposing a ban or moratorium on new telecommunication development or insisting on minimising distance between telecommunications development and existing development.

Research

Further work is now underway based on the above and research around the country to inform the Executive about policy development. The work is particularly looking at the following:

1. The pre-application stage and the operators engagement with the public, Parish Councils etc.

2. The consideration of proposals in environmentally sensitive areas such as A.O.N.B.s.

3. Research into other local authorities' local plan policies relating to telecommunications.

4. Research into the latest appeal decisions and case law, particularly relating to health.