Telecommunications Masts (Planning Control) Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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
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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 26 54/1

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
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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
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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.”
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Amendment of the Town and Country Planning (General Permitted
Development) Order 1995, etc.
(1)
The Town and Country Planning (General Permitted Development) Order
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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
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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
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apparatus.”
(3)
In Part 2 of Schedule 2 (minor operations), at end, insert—
“Class D
Permitted development
D
Development which consists of—
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(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
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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
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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
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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
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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
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(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
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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
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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;
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‘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.”
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Amendment of the Communications Act 2003
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(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
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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;
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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
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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
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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
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Expenses
There shall be paid out of money provided by Parliament any increase attributable to
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this Act in the sums payable out of money so provided under any other enactment.
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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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