Town and Country Planning (Telecommunications Masts) Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Town and Country Planning (Telecommunications Masts) Bill

Town and Country Planning (Telecommunications Masts) Bill

1

A

Bill

To

Amend the law relating to telecommunications masts.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Amendments of the Town and Country Planning (General Permitted

Development) Order 1995

(1)

The Town and Country Planning (General Permitted Development) Order

1995 is amended as follows.

(2)

In Article 1(2), , there is inserted—

5



““telecommunications masts and associated apparatus” shall have the

same meaning as electronic communications apparatus in the

Electronic Communications Code.”

(3)

In Schedule 2, Part 2 (Minor operations), at end insert—

Bill 32 53/3

Town and Country Planning (Telecommunications Masts) Bill

2

“Class D

Permitted

Development which consists of—

development

(a) the use of land by or on behalf of an

Electronic Communications Code Operator

5

for a period not exceeding 3 months to

provide access for and station temporary

movable telecommunications masts and

associated apparatus, which is required for

the sole purpose of temporarily replacing

10

unserviceable telecommunications masts

and associated apparatus; or

(b) the replacement of telecommunications

masts and associated apparatus, including

associated equipment and structures and the

15

provision of means of access, which is

required for the operation of an Electronic

Communications Code Operator’s system

where such existing telecommunications

masts and associated apparatus has become

20

unserviceable.

Development not

Development is not permitted by Class D if

permitted

the telecommunications masts and

associated apparatus is not of the same type

and capacity as the unserviceable masts and

25

associated apparatus it is to replace.

Interpretation of

For the purposes of Class D—

Class D

“movable telecommunications masts and

associated apparatus” means masts and

apparatus attached to a vehicle, trailer or

30

moveable structure.”

(4)

In Schedule 2, Part 17 (Development by statutory undertakers), after A.1 (c),

insert—

“(d)    Telecommunications masts and associated apparatus.”

35

(5)

Schedule 2, Part 24 (Development by Telecommunications Code System

Operators) is revoked.

(6)

Schedule 2, Part 25 (Other Telecommunications Development) is revoked.

2

Revocation of Town and Country Planning (General Permitted Development)

(Amendment) (England) Order 2001

40

The Town and Country Planning (General Permitted Development)

(Amendment) (England) Order 2001 is revoked.

Town and Country Planning (Telecommunications Masts) Bill

3

3

Amendment of the Town and Country Planning Act 1990

(1)

The Town and Country Planning Act 1990 (c. 8) is amended as follows.

(2)

After section 71A insert—

“71B  Telecommunications masts: precautionary priniciple statement

(1)

Every application for planning permission for telecommunications

5

masts and associated apparatus shall be accompanied by a

precautionary principle statement (“the statement”).

(2)

A local planning authority on receipt of an application for planning

permission for telecommunications masts and associated apparatus,

and on the receipt of a notice of appeal, shall

10

(a)

make copies of the statement available for inspection, and

(b)

indicate how representations can be made in respect of the

statement



in such manner as may be presribed by regulations.

(3)

A local planning authority in considering an application for planning

15

permission for telecommunications masts and associated apparatus, or

the Secretary of State on an appeal against a determination or non-

determination, shall not make a decision until it, or he, has first taken

into account the information contained within the statement and any

representations received in respect of that information.

20

(4)

Where the statement indicates that there is a threat of damage to health

or the environment, it shall not be a ground for granting planning

permission that there is a lack of full scientific certainty about the extent

of the threat of damage to health or the environment.

71C  Telecommunications masts: beam of greatest intensity certificate

25

(1)

Every application for planning permission for telecommunications

masts and associated apparatus shall be accompanied by a certificate

(“the certificate”) which sets out—

(a)

the area and maximum range of the Beam of Greatest Intensity,

(b)

the minimum and maximum distances at ground level of the

30

Beam of Greatest Intensity,

(c)

an explanation of the way in which the intensity of radiation

falls off with distance from an antenna and of the level of the

intensity of radiofrequency radiation,

(d)

an indication of where the Beam of Greatest Intensity falls and

35

the nearest and farthest distance from the antenna to these

points.

(2)

A local planning authority on receipt of an application for planning

permission for telecommunications masts and associated apparatus,

and on the receipt of a notice of appeal, shall

40

(a)

make copies of the certificate available for inspection, and

(b)

indicate how representations can be made



in such manner as may be presribed by regulations.

(3)

Where a Beam of Greatest Intensity falls on any part of any premises or

land occupied by or consisting of an education or medical facility, or of

45

residential property, planning permission shall not be granted before

Town and Country Planning (Telecommunications Masts) Bill

4

first taking into account the information contained within the

certificate, and any representations received in respect of that

information.

(4)

For the purposes of sections 71B and 71C—



“beam of greatest intensity” means where the greatest exposure to

5

the radiofrequency radiation signal occurs;



“telecommunications masts and associated apparatus” has the

same meaning as electronic communications apparatus in the

Electronic Communications Code;



“precautionary principle statement” means a statement

10

accompanying an application for planning permission for

telecommunications masts and associated apparatus which

describes the effect upon the environment or human health

which might arise from the installation or use of the

telecommunications masts and associated apparatus;

15



“education facility” means any premises used for the education of

children and young adults, whether such education is full or

part time, and includes a nursery school;



“medical facility” means any premises used for medical treatment

or care.”

20

4

Amendments of the Communications Act 2003

(1)

The Communications Act 2003 (c. 21) is amended as follows.

(2)

In section 119(2) there is inserted—



“(c)    any application under sections 5(A), 17 and 21 of that code.”

(3)

In Schedule 4, paragraph 1, there is inserted—

25



““medical facility” means a facility used for medical purposes, whether

such use is for residential or short-duration treatment or

examination; and



“education establishment” means any premises used solely or partially

for the education of children or young adults, and includes schools,

30

colleges, nurseries and Sunday schools and includes all buildings

and grounds of such establishments.”

(4)

In Schedule 4, paragraph 3(1), after “in England and Wales”, there is inserted

“that is not a medical facility or education establishment”.

(5)

In Schedule 4, paragraph 4(1)(f), after “in Scotland”, insert “that is not a medical

35

facility or education establishment”.

5

Amendments of the Telecommunications Act 1984

(1)

Schedule 2 of the Telecommunications Act 1984 (c. 12) is amended as follows.

(2)

After paragraph 5(3), there is inserted—

“    (3A)

No order under this paragraph shall be made in respect of any land

40

or premises consisting of an education, nursery or medical facility.”

Town and Country Planning (Telecommunications Masts) Bill

5

(3)

Afer paragraph 5, there is inserted—

“5A   (1)

A notice may be served by a properly constituted body on the

operator of an electronic communications network which may

require that—

(a)

all telecommunications masts and associated apparatus and

5

equipment be removed from premises or land used for—

(i)

medical or health related purposes, or

(ii)

education, including use as a nursery; and

(b)

any land or premises, which has been the subject of a

compulsory purchase made under the powers granted by

10

section 118 of the Communications Act 2003 (c. 21), shall

revert to the original owner.

      (2)

On an application made by the properly constituted body, at the end

of a period of no less than 28 days starting with the date of the

serving of the notice under subsection (1) the County Court shall

15

make an order for—

(a)

the discontinuance of use and the removal of all

telecommunications masts and associated apparatus and

equipment, and

(b)

the reversion of any land or premises

20



set out in the notice

      (3)

On the granting of an order under this section the Court shall order

that—

(a)

all transmissions from telecommunications masts and

associated apparatus which is the subject of the order shall

25

cease at the end of a period not to exceed 28 days, and

(b)

all equipment shall be removed within a period not to exceed

3 months



from the date of the Order.

      (5)

No compensation shall be payable to the operator of the

30

telecommunications masts and associated apparatus as a result of

any order made by a Court under this Schedule.

      (6)

For the purposes of this Schedule—

(a)

“a properly constituted body” shall mean in relation to—

(i)

a medical facility: its management committee or

35

proprietor;

(ii)

an education establishment: its governing body; and

(iii)

a nursery or private education establishment: its

governing body, management committee, or

proprietor; and

40

(b)

“telecommunications masts and associated apparatus” shall

have the same meaning as electronic communications

apparatus.”

6

Short title and extent

(1)

This Act may be cited as the Town and Country Planning

45

(Telecommunications Masts) Act 2004.

(2)

This Act extends to Northern Ireland.