Telecommunications Development (Hansard, 25 October 1984)

§ Mr. Macfarlane

My right hon. Friend and I have been considering very carefully the many responses received to the consultation paper on proposed amendments to the general development order, including those relating to telecommunications. It is our aim to ensure that the planning system reflects this Government's policy of liberalising telecommunications development while at the same time providing adequate protection for environmentally sensitive areas. Against this background, and in the light of representations received, we have concluded that permitted development rights should be granted on the following lines in a revised GDO.

The installation of minor telecommunications apparatus by telecommunication operators to whom the powers in the telecommunications code have been applied will become permitted development. This will cover the installation of and replacement of apparatus underground; the installation of new telecommunication apparatus above ground, provided that apparatus does not exceed 15 m in height; the replacement of existing apparatus, up to 15 m or the height of what is replaced, whichever is the greater; and the use of land in an emergency for stationing mobile apparatus. When apparatus is erected on buildings, these 690W permitted development rights will apply provided that the apparatus does not increase the height of the building by more than a specified amount (6 m for buildings of up to 15m; 8 m for buildings of 15m or more but less than 30 m; and 10 m for buildings of 30 m or more). The GDO permission will also extend to the installation of minor telecommunications apparatus on land owned by telecommunications code operators. This general permission will not however cover mircowave aerials, which I shall deal with later in the answer.

Code operators carrying out work under the powers in the code will be required to act in accordance with the conditions of the licence issued to them under the Telecommunications Act, which will include such conditions as the Secretary of State considers requisite or expendient to protect the physical environment and the natural beauty and amenity of the countryside. These conditions, which are subject to public consultation before a licence applying code powers is granted, will have the effect of restricting the operation of the GDO permission in certain circumstances. By way of example, the BT licence already granted lays down procedures (including consultation with he local planning authorities) which the operator must follow if he wishes to install apparatus in, for example, conservation areas. National parks, or areas of outstanding natural beauty. We consider that the system of licence conditions, which the Secretary of State can amend if it is necessary to do so in order to ensure that the environment is properly protected, provides the flexibility for dealing with the needs of locally sensitive areas; it would be unduly complex and impracticl to spell out all these differing conditions in the GDO itself. We intend however that the GDO permission for development by code operators should be tied to development which is carried out in accordance with the conditions in the licence relating to the exercise of code powers.

The consultation paper proposed permitted development rights for small mircowave aerials on non-domistic buildings of not less than 15 m high. In the light of consultation we are persuaded that the requirements of telecommunications justify some slight relaxation of the limits proposed in the paper. We therefore intend to make this right available for up to two microwave dishes per non-domestic building, bearing in mind that in many cases two aerials may be necessary to enable reception and onward transmission of signals, provided that those aerials do not exceed 1.3 m in diameter; and that they do not increase the height of the building by more than 3 m. We are also considering imposing a general condition that these aerials should be sited to minimise visibility from the highway. This additional permission will not apply in relation to such aerials in national parks, areas of outstanding natural beauty, on listed buildings or in conservation areas.

I am satisfied that these proposals represents a reasonable balance between the requirements of modern telecommunications and those of the environment. We intend to lay these amendments before the House as soon as possible—probably early next year. In the interests of ensuring that new telecommunications developments can take place within a clearly defined planning framework, we shall if necessary lay these amendments before the further amendments and consolidation of the GDO proposed in the January consultation paper. In the 691W meantime, we shall look to local authorities and telecommunications operators to bear these intentions in mind when considering proposals for development.

I understand that my right hon. Friend the Secretary of State for Wales agrees that these provisions should also apply in his area of jurisdiction; and my right hon. Friend the Secretary of State for Scotland intends to lay amendments to the Town and Country Planning General Development (Scotland) Orders 1981–1984 incorporating substantially the same provisions, at about the same time.