Telecommunications
Only a few telecommunications developments (such as masts over 15m in height) require full planning permission. Most telecommunications developments are subject to what is known as a “prior approval” procedure. This means that the operator has to supply a limited amount of information about the proposal and the Council has an opportunity to approve or refuse the location and design of the development. The Council is not able to impose conditions on a prior approval decision and if the Council fails to ensure a decision is delivered to the applicant within 56 days (8 weeks) of receiving the application the development is automatically approved under the legislation.
Some other types of installation do not require the involvement of the Council at all (such as alterations to existing installations). In such circumstances, the operator is encouraged, by their code of best practice, to inform the Council prior to installation. This process is known as a “notification of intent”.
The main peice of legislation governing the relationship of the telecommunications industry with the planning system is Part 24 of Schedule 2 of the General Permitted Development Order 1995 (as amended in July 1999 and August 2001).
When considering applications for full planning permission, the Council may only have regard to “material planning considerations”. Government advice regarding what is considered as a material planning consideration in respect of telecommunication development, is given in Planning Policy Guidance Note: Telecommunications (PPG8). These include: the impact of the installation on the appearance of the area; the impact of the installation on the amenity of neighbouring residents; health risks; and perceived health risks. With regard to the issue of health risk, the applicant is required to submit a certificate, certifying that the proposed installation would be in compliance with the exposure limits set by the International Commission on Non-Ionising Radiation Protection (ICNIRP). Government advice, contained in PPG8, is that the Council should not consider health risks beyond ensuring that an ICNIRP certificate has been submitted. Property values are not a material consideration when dealing with any application.
Further information
Below are some useful sources of information:
Location of exsisting telecommunications installations can be found on the Government's Sitefinder wesbite, please click here to link to Sitefinder.
Report of the Independent Expert Group on Mobile Phones (IEGMP), otherwise known as the Stewart Report, which considered the health effects of mobile phones and base stations, please click here to view the Stewart Report.
The website of the Office of the Deputy Prime Minister, which contains most Government policy relating to telecommunications development, please click here for further information on Telecommunications from the ODPM website and also here.