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Telecommunications Masts (Planning Control) Bill


Telecommunications Masts (Planning Control) Bill

1

 

A

Bill

To

Amend the law relating to planning in connection with telecommunications

masts and associated apparatus; to amend the electronic communications

code in connection with telecommunications masts and associated apparatus

and make further provision about that code; 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:—

Planning

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: precautionary principle statement

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(1)   

Every application for planning permission for telecommunications

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,

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and on the receipt of a notice of appeal, shall—

(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 prescribed by regulations.

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(3)   

A local planning authority in considering an application for planning

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

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representations received in respect of that information.

 
Bill 3053/4
 
 

Telecommunications Masts (Planning Control) Bill

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(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

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(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

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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

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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

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(a)   

make copies of the certificate available for inspection, and

(b)   

indicate how representations can be made

   

in such manner as may be prescribed by regulations.

(3)   

Where a beam of greatest intensity falls on any part of any premises or

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

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of residential property, planning permission shall not be granted before

first taking into account the information contained within the

certificate, and any representations received in respect of that

information.

(4)   

For the purposes of section 71B and this section—

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‘beam of greatest intensity’ means where the greatest exposure to

the radiofrequency radiation signal occurs;

‘educational 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;

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‘electronic communications code’ means the code set out in

Schedule 2 to the Telecommunications Act 1984;

‘exempted apparatus’ means—

(a)   

a public call box, or

(b)   

an antenna which cannot be used for receiving a signal

40

transmitted from a telecommunications mast, and

(c)   

radio equipment which cannot be used in connection

with a telecommunications mast;

‘medical facility’ means any premises used for medical treatment

or care;

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‘precautionary principle statement’ means a statement

accompanying an application for planning permission for

telecommunications masts and associated apparatus which

describes the effect upon the environment or human health

 
 

Telecommunications Masts (Planning Control) Bill

3

 

which might arise from the installation or use of the

telecommunications masts and associated apparatus;

‘telecommunications masts and associated apparatus’ has the

same meaning as the term ‘electronic communications

apparatus’ in the electronic communications code, except that

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the definition of that term does not include exempted

apparatus.”

2       

Amendment of the Town and Country Planning (General Permitted

Development) Order 1995, etc.

(1)   

The Town and Country Planning (General Permitted Development) Order

10

1995 (S.I. 1995/418) is amended in accordance with subsections (2) to (6).

(2)   

In Article 1(2) (interpretation), at the appropriate place in alphabetical order,

insert—

“‘electronic communications code’ means the code set out in

Schedule 2 to the Telecommunications Act 1984;

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‘exempted apparatus’ means—

(a)   

a public call box, or

(b)   

an antenna which cannot be used for receiving a signal

transmitted from a telecommunications mast, and

(c)   

radio equipment which cannot be used in connection

20

with a telecommunications mast;

‘telecommunications masts and associated apparatus’ has the

same meaning as the term ‘electronic communications

apparatus’ in the electronic communications code except that

the definition of that term does not include exempted

25

apparatus.”

(3)   

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

Class D

Permitted development

D          

Development which consists of—

30

(a)   

the use of land by or on behalf of an electronic

communications code operator for a period not exceeding 3

months to provide access for and station temporary

moveable telecommunications masts and associated

apparatus, which is required for the sole purpose of

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temporarily replacing unserviceable telecommunications

masts 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 required for

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the operation of an Electronic Communications Code

Operator’s system where such existing telecommunications

masts and associated apparatus has become unserviceable.

Development not permitted

D1         

Development is not permitted by Class D if the telecommunications

45

masts and associated apparatus are not of the same type and capacity

 
 

Telecommunications Masts (Planning Control) Bill

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as the unserviceable masts and associated apparatus they are to

replace.

Interpretation of Class D

D2         

For the purposes of Class D ‘moveable telecommunications masts

and associated apparatus’ means masts and apparatus attached to a

5

vehicle, trailer or moveable structure.”

(4)   

In Part 17 of Schedule 2 (development by statutory undertakers), in paragraph

A1 (development not permitted), after sub-paragraph (c), insert “or

(d)   

telecommunications masts and associated apparatus.”

(5)   

Part 24 of Schedule 2 (development by electronic communications code

10

operators) is revoked.

(6)   

Part 25 of Schedule 2 (other telecommunications development) is revoked.

(7)   

The Town and Country Planning (General Permitted Development)

(Amendment) (England) Order 2001 (S.I. 2001/2718) is revoked.

(8)   

The Town and Country Planning (General Permitted Development)

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(Amendment) (Wales) Order 2002 (S.I. 2002/1878) is revoked.

The electronic communications code

3       

Amendment of the Telecommunications Act 1984

(1)   

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

(2)   

After paragraph 5(3), insert—

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   “(3A)  

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

or premises consisting of an educational, nursery or medical

facility.”

(3)   

After paragraph 5, there is inserted—

“5A   (1)  

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

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operator of an electronic communications network which may

require that—

(a)   

all telecommunications masts and associated apparatus be

removed from premises or land used for—

(i)   

medical or health related purposes, or

30

(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

section 118 of the Communications Act 2003 shall revert to

the original owner.

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      (2)  

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

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

serving of the notice under sub-paragraph (1), the County Court

shall make an order for—

(a)   

the discontinuance of use and the removal of all

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telecommunications masts and associated apparatus and

equipment, and

 
 

Telecommunications Masts (Planning Control) Bill

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(b)   

the reversion of any land or premises,

           

set out in the notice.

      (3)  

On the granting of an order under this paragraph, the County Court

shall order that—

(a)   

all transmissions from telecommunications masts and

5

associated apparatus which is the subject of the order shall

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.

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      (4)  

No compensation shall be payable to the operator of the

telecommunications masts and associated apparatus as a result of

any order made by a Court under this paragraph.

      (5)  

For the purposes of this paragraph—

‘exempted apparatus’ means—

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(a)   

a public call box, or

(b)   

an antenna which cannot be used for receiving a

signal transmitted from a telecommunications mast,

and

(c)   

radio equipment which cannot be used in connection

20

with a telecommunications mast;

‘a properly constituted body’ means—

(a)   

in relation to a medical facility, its management

committee or proprietor,

(b)   

in relation to an educational establishment other than

25

a nursery or private education establishment, its

governing body, and

(c)   

in relation to a nursery or private education

establishment, its governing body, management

committee, or proprietor;

30

‘telecommunications masts and associated apparatus’ has the

same meaning as the term ‘electronic communications

apparatus’ except that the definition of that term does not

include exempted apparatus.”

4       

Amendment of the Communications Act 2003

35

(1)   

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

(2)   

In section 119(2) (power of OFCOM to give assistance in relation to certain

proceedings), at the end, insert “or

(c)   

any application under paragraphs 5A, 17 and 21 of that code.”

(3)   

In paragraph 1 of Schedule 4 (interpretation), at the appropriate place in

40

alphabetical order, insert—

“‘educational establishment’ means any premises used solely or

partly for the education of children or young adults, and

includes schools, colleges and nurseries and all buildings and

grounds of such establishments;

45

 
 

Telecommunications Masts (Planning Control) Bill

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“‘medical facility’ means a facility used for medical purposes,

whether such use is for residential or short-duration treatment

or examination;”.

(4)   

In paragraph 3(1) of Schedule 4 (compulsory purchase of land: England), after

the words “in England and Wales”, insert the words “other than land that is

5

owned or used by a medical facility or educational establishment”.

(5)   

In paragraph 4(1) of Schedule 4 (compulsory purchase of land: Scotland), after

the words “in Scotland”, insert the words “other than land that is owned or

used by a medical facility or educational establishment”.

(6)   

In paragraph 5(1) of Schedule 4 (compulsory purchase of land: Northern

10

Ireland), after the words “in Nortern Ireland”, insert the words “other than

land that is owned or used by a medical facility or educational establishment”.

Miscellaneous and final provisions

5       

Expenses

There shall be paid out of money provided by Parliament any increase attributable to

15

this Act in the sums payable out of money so provided under any other enactment.

6       

Short title and extent

(1)   

This Act may be cited as the Telecommunications Masts (Planning Control) Act

2005.

(2)   

Sections 1 and 2 extend to England and Wales only.

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