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Aerials: Planning Permission

Volume 463: debated on Monday 3 September 2007

To ask the Secretary of State for Communities and Local Government how many letters her Department has received from residents of Southend, West constituency (a) in favour of and (b) opposed to the erection of mobile telephone masts in the last 12 months; what response she gave; and if she will make a statement. (152861)

The information is not available in the format requested.

The Department has no record of any letters from the hon. Member enclosing correspondence from his constituents regarding the erection of mobile telephone masts in the last 12 months. The Department has no record of any letters from residents with postcodes covered by Southend-on-Sea borough council regarding mobile telephone masts in the last 12 months.

To ask the Secretary of State for Communities and Local Government how many mobile telephone masts there were in Southend, West constituency in each of the last five years. (152862)

This information is not available centrally and could be provided only at disproportionate cost. Local planning authorities are not required to notify the Department where a mast has been installed following a prior approval application. However, every autumn the mobile phone operators share their annual roll out plans with local planning authorities and list all the existing sites in the local authority area as well as proposed sites. The hon. Member may wish to discuss these plans with his local planning authority.

To ask the Secretary of State for Communities and Local Government what guidance she has issued to local authorities on defining close proximity to residential areas and schools when considering planning applications for mobile telephone masts; what recent representations she has received on the issue of mobile telephone masts; what responses she has given; and if she will make a statement. (152774)

The Government’s planning policy on telecommunications is set out in planning policy guidance note 8 (PPG 8) on Telecommunications which states that

“In addition to any statutory consultation, authorities are strongly encouraged to undertake any additional publicity that they consider necessary to give people likely to be affected by the proposed development an opportunity to make their views known to the authority. Where a mast is to be installed on or near a school or college the local planning authority should consult the relevant body of the school or college concerned and should take into account any relevant views expressed.”

No guidance to local authorities has been issued which defines close proximity to residential areas and schools.

We have received a number of parliamentary questions, letters from hon. Members, other organisations and members of the public recently covering a wide variety of issues in relation to mobile telephone masts. In addition, officials have dealt with a range of correspondence, emails and telephone calls on the issue of mobile telephone masts.

To ask the Secretary of State for Communities and Local Government what the planning process is for applications for new (a) pico cell, (b) micro cell and (c) macro cell mobile telephone masts; and how that process differs from that which applied in 2004. (152775)

The planning process that applies to pico cells, micro cells and macro cell mobile telephone masts will depend on the nature of the proposed development and the law may be interpreted and applied differently by individual local authorities.

Some minor operations or changes of use of land which are de minimis may not constitute development and may therefore not require planning permission.

Certain telecommunications development undertaken by electronic communications code operators is granted planning permission by part 24 of schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 without the need for an application for planning permission. Such development must comply with the conditions provided by part 24, which in some cases, includes being required to follow a prior approval process.

Other forms of telecommunications development will require an application for planning permission.

The most recent changes to part 24 of schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 were introduced by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 (S.I. 2001/2718) and by the Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155). Neither the relevant legislation nor planning policy guidance note 8: Telecommunications has been amended since 2004.

To ask the Secretary of State for Communities and Local Government if she will list the meetings (a) her Ministers, (b) special advisers and (c) officials from her Department have had with mobile telephone mast operators or their representatives since 1 January 2006; who attended; what was discussed; how long the meetings lasted; if she will place in the Library the note made by her officials of each meeting; and if she will make a statement. (152776)

The information requested could be provided only at disproportionate cost. Ministers from Communities and Local Government along with those from the Department for Business, Enterprise and Regulatory Reform and the Department of Health meet with representatives of the mobile telephone industry every six months to discuss issues of mutual interest.

In addition, officials from Communities and Local Government have had several meetings with mobile telephone operators or their representatives including meetings of the Electronic Communications Working Group.

To ask the Secretary of State for Communities and Local Government what restrictions there are on the erection of mobile telephone masts; what legislation regulates such restrictions; and if she will make a statement. (152777)

The Town and Country Planning Act 1990 is the principal Act which regulates the erection of mobile telephone masts. This provides that development as defined requires planning permission. Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 grants planning permission, without the need for an application, for certain forms of telecommunications development carried out by electronic communications code operators. This includes the installation of ground-based masts below 15 metres in height on land (other than on protected land such as national parks).

Planning permission granted under Part 24 is subject to certain conditions including a prior approval process for masts. Under Part 24, where development is proposed on land which is not in, on, over or under land controlled by the electronic communications code operator it must be carried out in accordance with The Electronic Communications Code, operated by the industry regulator.