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Telecommunications Masts (Need and Safety Tests) Bill


Telecommunications Masts (Need and Safety Tests) Bill

1

 

A

Bill

To

Establish need and safety tests before telecommunications masts can be

erected; to amend the Town and Country Planning Act 1990 and the General

Permitted Development Order 1995; and for connected purposes. 

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       

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: need and safety test

(1)   

A local planning authority shall not grant planning permission for the

5

for the erection of a telecommunications mast and associated apparatus

unless it is satisfied that—

(a)   

there is a need for the telecommunications mast and associated

apparatus in that location; and

(b)   

the telecommunications mast and associated apparatus would

10

not be a threat to health and safety.

(2)   

The Secretary of State shall by regulations prescribe the meaning of—

(a)   

need; and

(b)   

theat to health and safety;

   

in this section.

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(3)   

For the purposes of this section—

   

“telecommunications masts and associated apparatus” has the

same meaning as electronic communications apparatus in the

Electronic Communications Code.”

 
Bill 112 53/3
 
 

Telecommunications Masts (Need and Safety Tests) Bill

2

 

2       

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—

“Class D

10

       
 

Permitted

Development which consists of—

 
 

development

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

 
   

Electronic Communications Code Operator

 
   

for a period not exceeding 3 months to

 

15

   

provide access for and station temporary

 
   

movable telecommunications masts and

 
   

associated apparatus, which is required for

 
   

the sole purpose of temporarily replacing

 
   

unserviceable telecommunications masts

 

20

   

and associated apparatus; or

 
   

(b) the replacement of telecommunications

 
   

masts and associated apparatus, including

 
   

associated equipment and structures and the

 
   

provision of means of access, which is

 

25

   

required for the operation of an Electronic

 
   

Communications Code Operator’s system

 
   

where such existing telecommunications

 
   

masts and associated apparatus has become

 
   

unserviceable.

 

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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

 
   

associated apparatus it is to replace.

 

35

 

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

 
   

moveable structure.”

 

40

       

(4)   

Schedule 2, Part 24 (Development by Telecommunications Code System

Operators) is revoked.

(5)   

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

 

 

Telecommunications Masts (Need and Safety Tests) Bill

3

 

3       

Short title and extent

(1)   

This Act may be cited as the Telecommunications Masts (Need and Safety

Tests) Act 2004.

(2)   

This Act extends to England and Wales only.

 

 

 
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Revised 16 June 2004