HC Deb 21 May 2002 vol 386 cc267-74

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Ainger.]

10.27 pm
Dr. Vincent Cable (Twickenham)

I am grateful for the opportunity to introduce an Adjournment debate on the subject of mobile phone masts, which I know is of concern to many Members. I recall that we have had several Adjournment debates on the subject, secured by my hon. Friends the Members for Harrogate and Knaresborough (Mr. Willis) and for Sutton and Cheam (Mr. Burstow) among others, and that the hon. Member for Stourbridge (Ms Shipley) introduced a ten-minute Bill on the matter.

There is growing concern on the issue. The Trade and Industry Committee report of March 2001 is probably the best overall summary of the politics, the economics and the technology involved, but the issue is not going away. I do not want simply to reiterate all the old arguments. Many of the scientific data are well summarised in the Stewart report, which remains the standard work on the subject. Much of the policy debate revolves around the Government's planning guidelines. I shall try to take the issues a little further.

I am prompted—I guess that in such Adjournment debates, most of us are—by local concerns. There are currently three big controversies in my constituency over mobile phone masts. None has been generated by politicians; they are very much grass-roots protests. I shall describe them briefly to give a flavour of what many of us are encountering in our constituencies.

One controversy concerns residential development at the edge of my constituency in Hampton. On a field immediately adjacent to a group of houses, Orange and BT Cellnet are trying to erect a mobile phone mast. The land happens to lie in the borough of Hounslow, which is adjacent to my borough, and the residents, with my support, have protested because of the planning problems associated with the application—the visual intrusion as well as anxieties about health.

Hounslow council turned down the application. Within days the mobile phone companies lodged appeals, and there is a fatalistic worry among the residents that the deep pockets of the telecom companies will prevail, despite the fact that there is ample room for manoeuvre: there is a large field, and the residents are perfectly happy for the masts to be sited on its far side. None the less, the pressures from the companies are inexorable.

In another case, Orange is trying to put up a mobile phone mast on a busy road where residents are already concerned about environmental impacts. Again, the matter is going before the council; it already has a recommendation for rejection, I believe, and we expect the case to go to appeal.

Most serious of all, and timely in view of today's debate, is the mobile phone mast erected immediately adjacent to St. Edmund's school in Whitton; I handed in a petition against that with 1,000 signatures this morning. The maximum intensity of the beam was directed at the school playing field, and staff, parents and nearby residents are incensed. Moreover, they have now discovered that Orange, the company promoting the mast, assumed that planning permission would be automatically granted, so did not even begin to apply for planning permission before it started to erect the mast.

Mobile phone companies have a 10-point code of conduct, but in my experience it is rarely applied or communicated to the contractors who carry out the work on their behalf. By contrast, most of the residents whom I encounter view the problem in a broad context, so I do not want to present it in a Nimby spirit; they fully accept that decisions have to be made on the basis of sound science and that there is a need for a national network. I want to focus on the way in which the planning system accommodates highly sensitive applications that arouse strong feelings, because it is not clear that it can do that at the moment.

I do not want to reinvent the wheel, but I shall start with the science. The Stewart report has been discussed endlessly, and it represents the current conventional wisdom. It is fair to say that its conclusions are subtle, complex and rather confusing for many ordinary people. I have picked out some key conclusions; taken together, they tell an ambiguous story.

The companies airways quote the basic conclusion of the expert group in the report: We conclude that the balance of evidence indicates that there is no general risk to the health of people living near to base stations on the basis that exposures are expected to be small fractions of guidelines. However, there can be indirect effects on their well being in some cases". Later, the report states: There is now scientific evidence however which suggests that there may be biological … effects occurring at exposures below these guidelines … We conclude that it is not possible at present to say that exposure to RF radiation, even at levels below national guidelines, is totally without potential adverse health effects and that the gaps in knowledge are sufficient to justify a precautionary approach".

The subtlety of that conclusion is surprising; it would have been easy for Professor Stewart and his committee to say, "Let's be brutally rational; there isn't a risk, so let's just proceed. People are misguided and are worried about myths, not a serious problem." However, Professor Stewart did not say that; he hedged his bets. I read in the evidence that he presented subsequently to the relevant Select Committee that he was scarred by the experience of the BSE affair. He was aware of the risks that science might reveal in future, so in his results he presented the need for a precautionary approach. Residents are picking up on that and are concerned about health effects, although there is no hard science to justify their reservations at present.

I should like to pose two questions to the Minister. If she answers them, that will help me to deal with my constituents' worries. How are the Government responding to and monitoring the scientific data as they come in? I have read some of the literature on the vast website on masts. Some interesting experiments are taking place. Work done in Switzerland has alarmed the Swiss and led them to introduce extremely restrictive conditions for mobile phone masts. Work has been done in Germany on the impact on livestock. I do not know whether those studies are good or bad, or whether they have been subject to tough peer review, but clearly the science is advancing. I would be interested to know how the Government intend to evaluate such results as they emerge, and at what point the conclusions of the Stewart report might have to be modified.

A further related question is whether the Government are monitoring and analysing the effects of the changes in technology. One of the interesting smaller points in the Select Committee report was the reference to the fact that in Finland, Nokia is developing a new type of technology for wireless telephony which dispenses with masts entirely. It is miniature technology, and it is up and running.

This month I noticed in Scientific American, which my scientific son insists that I read, a reference to something called UWB technology—a wholly new approach to short-range transmission, which could change altogether the way in which the wireless system operates. It would be useful to have some mechanism for understanding the extent to which that technology changes the assumptions on which current policy is based.

I shall now proceed to the issue of planning guidance, for which the Minister is directly responsible, and the extent to which it has helped or hindered residents who are concerned about the problem. I appreciate that there is some difficulty with the way in which planning guidance has emerged. A group of scientists under Professor Stewart said that the planning conditions needed to be changed, but as we know, planners are not qualified to judge science. That dilemma presents a fundamental difficulty.

When the Stewart report was published, the Government undertook to introduce a requirement for full planning permission for all new masts".

The Minister will probably acknowledge that there has been a partial movement in that direction. The 15 ft masts are now subject to longer periods of consultation, but the prior approval procedures still apply. They are not subject to full planning clearance procedure. There is a narrow requirement, which is welcome, that schools should be consulted, but there is not an obligation to meet the requests of schools if they choose to make them. That is the problem of my residents in Whitton. The school has been consulted and has expressed its unhappiness, but there is no way in which the mobile phone company can be forced to meet its concerns.

Mr. Mark Oaten (Winchester)

Given the precautionary recommendations about schools, would it not be sensible for the Government to rule out applications that impact on school sites?

Dr. Cable

Yes, I agree. That was one of the conclusions towards which I was working, and I believe that it is the practice in countries such as the United States, which in many respects are much more permissive in their approach to technology, and much more cavalier about the environment, than we are. None the less, the US has a tough regime on schools, which I am sure is right.

The planning guidance is producing, perhaps unintentionally, much confusion among planning officials, councillors and local residents. They are frustrated because they understand that a precautionary principle applies and that there are health concerns, as yet unsubstantiated, but they cannot express those effectively through the planning process.

Dr. John Pugh (Southport)

Does my hon. Friend accept that most local authorities wish to observe the precautionary principle? Because they do not think that Government rules allow them to do that in a way that satisfies residents, they often adopt strange devices such as moratoriums on council land. In the constituency that I represent, it is impossible to put a mast on the end of a pier because of current council policy. All that is a result of the fact that councils wish to implement a precautionary approach, but do not feel that planning law allows them to do that properly.

Dr. Cable

My hon. Friend is absolutely right. The process works out in all sorts of ways. Residents who are concerned about health often argue their case in planning committees on the grounds of visual amenity, as that is what the planning system allows them to do. That is not a sensible way of judging the issue, and the process needs to be changed. I am not expressing only a personal view or the views of my colleagues, but those of the Select Committee on Trade and Industry, an all-party group that has expressed itself trenchantly. It said: Unless it is clear that the planning system has a robust way of dealing with fears expressed by people, the results of the changes will be yet more frustration.

I should like to crystallise the position by asking the Minister a couple of questions. Can she help to clarify whether health anxieties are legitimate grounds for consideration in planning matters? There is a great deal of uncertainty about that. Many councils and council officials believe, on the basis of Government circulars, that they are not allowed to take health considerations into account and that if they do so, they will be taken to appeal by a mobile phone company and lose the case because they are operating outside the rules.

The position is ambiguous. When the planning guidance was circulated, we saw a paragraph stating that health considerations were a material planning consideration, so it is clear that different factors are operating. I know that the Minister's inspectors have looked into some important cases, including those of Newport in 1998, Tandridge in 2000, and Thurrock, Stanmore and others, in which councils have turned down masts because of public anxiety about health and have won the appeal. I want to be as clear as possible about the exact status of a planning application that is rejected by a council because of residents' anxieties about health effects.

The other final consideration that I want to raise relates to the intervention of my hon. Friend the Member for Winchester (Mr. Oaten) about schools, which are a special case. There is a particular anxiety about schools, and in his report Sir William Stewart made it clear why that is the case. Children's physical development makes them more vulnerable to the biological effects of waves—if, indeed, those waves are damaging.

In particular, Sir William Stewart urged the introduction of a more stringent set of rules than the Government have evolved for schools. I think that he specifically argued that schools' agreement should be obtained to the arrangements being made, and that that was especially important when beams were aimed directly at a school. Whether or not that is the case, will the Minister explain the position of local communities that feel strongly about the vulnerability of schools, but cannot argue effectively in the planning process that an application be turned down, even when there is strong resistance?

In conclusion and in drawing together the threads, it might be useful to summarise the consensus that exists, as this is not a party matter. The Local Government Association, which represents councils across the political spectrum, considered planning for masts recently and made this comment on the application of the precautionary principle: the government does not seem to have implemented the recommendation wholeheartedly and therefore the aim of the recommendation has been compromised. That is a rather harsh judgment—indeed, it may be harsher than it should be—but the association expresses the frustrations of councils throughout the land.

I should like to suggest a way forward, as I hope that we have not heard the last word from the Government on planning guidance. They could indicate, in revised planning guidance, letters to councils or statements in Parliament, that they wanted to find a mechanism enabling residents and local councils who are very concerned about a sensitive planning application to turn it down without running into the difficulties that they currently appear to experience in connection with planning inquiries. Such a mechanism would not relate to narrow planning considerations, but would ensure that broader grounds of public anxiety are accepted as a legitimate reason for turning down an application. That would possibly also allow councils to grant planning permission that is time limited because of anxieties that the science will change.

The compensation for a concession to make it easier to reject some planning applications connected with mobile phone telephony could be to require local authorities to have a plan that makes it easier to roll out the mast programme throughout the country. In other words, they would buy into the roll-out across the borough, but allow specific applications to be tackled more robustly than is possible under current planning procedures. That is a balanced approach that would allow an element of give and take and tackle many of our constituents' anxieties.

10.45 pm
The Parliamentary Under-Secretary of State for Transport, Local Government and the Regions (Ms Sally Keeble)

I congratulate the hon. Member for Twickenham (Dr. Cable) on securing the debate on an important subject, which hon. Members and members of the public raise frequently. It is helpful to have a chance to clarify some issues. I shall deal with the hon. Gentleman's specific points, which covered health considerations in the planning process, research, the role of planning and roll-out of a plan. There is little time, and if I cannot deal with all the points now, I shall do so in correspondence, if that is helpful.

Clarity is needed, and we have devised a careful presentation that is based on the well-known anxieties that have been raised. I appreciate the opportunity simply to rehearse the arguments. The Government have three key responsibilities for mobile phone masts Our main responsibility is the protection of public health. Secondly, we must facilitate the roll-out of new and existing networks. Thirdly, we must protect the environment. The third responsibility relates especially to planning.

The Government want to ensure that the public are able to enjoy the benefits that flow from a greater choice of service providers and a broader range of services. According to industry figures, more than two thirds of the total population of the UK use a mobile phone—around 45 million people. The growth in the mobile communications sector in the past 15 years has been remarkable and is set to continue. That creates pressure because of the demand for mobile phone services.

Mobile phones will not work without the supporting infrastructure—that is, the masts. Their siting causes the genuine problems on which I want to focus my comments. The issues tend to be the same, whether taken on a case-by-case or a roll-out basis. Whenever it is suggested that local authorities have a planning strategy for an issue that is not popular locally, the roll-out always becomes excessively difficult. If hon. Members consider waste incinerators, they will understand what I mean.

Hon. Members know about the Stewart report on mobile phones and health. On mobile phone base stations, the Stewart group concluded that the balance of evidence suggests no general risk to the health of people living near base stations because exposure is expected to be small fractions of the guidelines. However, there can be indirect adverse effects on well-being in some cases. I believe that the report specifically identified anxieties that can be caused when people are aware of masts in their areas. That explains the indirect effect on health. Gaps in scientific knowledge led Stewart to recommend a precautionary approach, which comprises a series of specific measures. Several people believe that the precautionary approach means a ban, but it clearly does not; the report did not recommend a ban on constructing mobile phone masts or the establishment of exclusion zones between masts and existing developments.

The Government accepted the recommended precautionary approach and are introducing a range of precautionary actions. Contrary to what people believe, almost every recommendation by the Stewart report, the responsibility for which covers different Departments, is being introduced. There is a slight variation on one planning recommendation, but only in procedure. The net effect on planning is almost the same. So, the idea that we are not complying with the precautionary approach is simply not borne out.

The things that we have done include: ensuring that all base stations meet the international exposure guidelines; setting up a national database with details of base stations; implementing a new £7 million joint Government/industry research programme; publishing leaflets; and auditing mobile phone base stations and masts to assess emissions, focusing on schools. The results from the first 100 audits carried out last year showed emissions ranging from several hundred to many thousands of times lower than the public exposure guideline limits.

The Stewart report suggested that lack of public consultation is a major grievance to the people who suffer loss of amenity when base stations are erected. It also suggested that many people feel excluded and disempowered by the current planning arrangements, and that the resulting frustration can have a negative effect on people's health and well-being. That is one of the indirect effects that I was talking about earlier.

For those reasons, the group recommended that changes to the planning arrangements were necessary, and changes were, indeed, made. I shall not go through the details of them all now, because I am sure that the hon. Gentleman is probably already aware of them. I will set them out in writing if he would like me to, but I want to move on to some of the other issues that he has raised.

One issue concerned the legislative arrangements that set out the procedure by which a planning application will be considered. Planning policy guidance note 8—known as PPG8—sets out the Government's policies on telecoms development. One of the important themes running through the guidance is the adoption of a partnership approach between the operator, the local planning authority and the local community. Careful consideration of the siting and design of a development should ensure that the right equipment is put in the right place in the right way.

In this context, the Government welcome the 10 commitments that the operators have made to adhere to clear standards and procedures which will deliver significantly improved consultation with local communities. In particular, the operators have pledged to provide their annual roll-out plans to local planning authorities each autumn. The Government strongly encourage operators and local planning authorities to carry out annual discussions based on those plans and on other information.

Mr. Oaten

The Minister referred to the voluntary code and the 10 commitments. Will she give a commitment to review that code, perhaps in a year's time, to see whether it is operating effectively?

Ms Keeble

I am coming to that issue.

Discussions at this stage will provide an opportunity for operators and authorities to identify potential sites that will be acceptable to all parties. This will provide an early opportunity to discuss technical and environmental constraints, and to explore possible alternative approaches—in particular, the opportunities for mast and site sharing. That suggestion is frequently made by people who are concerned about this issue. If an operator is able at this stage to identify potentially sensitive sites, it may be able to adapt its strategy for an area.

PPG8 suggests that pre-application discussions should be carried out by the operators with local planning authorities and other organisations with an interest in the proposed development, such as residential groups, parish councils or amenity groups. Such discussions can identify possible conflicts of interest at an early stage. In particular, our revised guidance makes it clear that there is a duty on both the operator and the local authority to consult the relevant body of a school or college near to which a proposed mast is to be sited. Pre-application discussions between the operators and the local planning authorities will be particularly helpful in identifying which schools or colleges should be consulted prior to an application being submitted.

Evidence of the extent to which these consultations actually take place is mixed, as the hon. Member for Twickenham mentioned. I want to reassure him that the Minister for Housing and Planning and I recently met industry representatives to discuss their progress in meeting their commitments. The industry has made a great deal of progress in establishing the procedures needed to take this work forward. We have emphasised strongly the need for pre-application discussions and consultations with the local community, and the importance of listening to, and taking seriously, local concerns.

Dr. Pugh

If such a consensual plan can emerge and be agreed according to a roll-out programme between local authorities and mass providers, would local authorities thereby put themselves in a stronger position to refuse applications that fell outside that plan?

Ms Keeble

I will deal with that point in the time remaining, because it relates in particular to planning concerns and because I want to explain about the consideration of health issues. The Government attach importance to the implementation of the commitments but, in purely practical terms, it is important that local communities are consulted as well.

On health and public concerns, I will have to stick to the wording in front of me; if I stray, I will get into considerable problems with planning appeals and so on. PPG8 also provides advice to local planning authorities about taking into account health and public concerns about mobile phone masts. Our guidance is clear that health considerations and public concern can, in principle, be material considerations in determining applications for planning permission and prior approval. I hope that that gives the clear guidance that is needed. However, whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision maker, usually the local planning authority, to determine what weight to attach to such considerations in any particular case.

Mr. Phil Willis (Harrogate and Knaresborough)

Will the Minister give way?

Ms Keeble

No, because there is only one minute left.

That is how decisions have to be made, and those rules have to be applied to each case.

In conclusion, it is the Government's firm view that the planning system is not the appropriate mechanism for determining health safeguards. If there are health risks, they should be dealt with directly and not obliquely, through the planning process. As I have said, the Government are adopting a range of measures on a precautionary basis, as advised by the Stewart report. It remains central Government's responsibility to decide what measures are needed to protect public health. The Government will continue to keep mobile phone technologies under review in the light of further research. I have already mentioned the scale of the research that we have commissioned.

I believe that good planning for telecommunications will be achieved by the development of a partnership approach in all areas. That means parties placing a proper emphasis on discussions about future roll-out plans, particularly the localities involved, and on pre-application discussions to ensure that masts are sensitively and appropriately sited.

Question put and agreed to.

Adjourned accordingly at three minutes to Eleven o ' clock.