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Mobile phone masts and apparatus
This page details the legal constraints the Council has to operate within which may help to explain how and why decisions about phone masts and apparatus are taken.
Telecommunications development falls into one of three categories:
- Development that requires an application for planning permission and/or listed building consent
- Permitted development that requires prior approval
- Permitted development that is not subject to any planning control.
Masts over 15 metres in height, and any masts and antennae in the Peak District National Park or Conservation Areas, require planning permission. The Government has given licensed telecommunications operators permitted development rights to carry out certain types of smaller scale telecommunications development. For example, masts up to 15 metres in height are subject to an application for prior approval of the siting and appearance proposed. Prior approval applications have to be determined within 56 days or they are automatically allowed. The Council consults local people on all such applications.
The smallest scale telecom development is subject to no planning control. This can range from the installation of additional antennas on an existing radio mast, to the development of a base station on a building, including equipment cabinets less than 2.5 cubic metres in volume and a set of antennas. The Council is usually notified of these works and does make comments. Typically, however, it is only given 14 days to comment and the operators do not have to take these comments on board.
What can be considered
The Council has to consider:
- current advice from the Government;
- policies in Sheffield's Unitary Development Plan; and
- other planning decisions and appeals.
The Council can only take decisions in the public interest: it cannot take into account private interests, such as claims that a development will devalue, or spoil a view, from a property. The Government advises that: "A modern communications system brings massive benefits to people and businesses alike." Sharing of masts and using high buildings is encouraged.
The Council must also protect the amenities of an area, including those of individual occupiers. Important considerations include whether or not proposed mobile phone developments are unsightly or over-dominate nearby housing. Protecting high quality or sensitive areas, such as the Green Belt or Listed Buildings, is also important.
Health risks
Health risks, and even the fear of health risks, are proper planning considerations. But the Government's latest advice on Telecommunications, Revised Planning Policy Guidance Note 8 (PPG8, 22 August 2001), states:
"However, it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed development meets the ICNIRP (International Commission on Non-Ionising Radiation Protection) guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them."
Therefore, where mobile phone mast developments meet the ICNIRP guidelines, the Council has no sustainable health reason to refuse planning permission. Unreasonable refusal decisions can be overturned on appeal.
Council land
The Government has given telecommunications operators' legal rights to use public highway land for telecommunications development. On other Council land, the Council can decide, as landowner, whether or not to allow telecommunications development. The Council has decided to consider whether to allow telecommunications development on its land, where it may be better for local people and the environment than alternative locations not owned by the Council, This is especially important if the alternatives include undesirable permitted development, over which the Council would have no control. Decisions to allow development on Council land will be considered on a site-by-site basis, and will involve consultation locally, via the Area Panels.
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