§ Mr. Nigel JonesTo ask the Secretary of State for the Environment what is his policy in respect of permitting access by cable companies(a) across local authority land, (b) to install their services to local authority builders and (c) to install their services to listed buildings and in conservation areas; and if he will make a statement. [27057]
§ Mr. Ian TaylorI have been asked to reply.
431WCable television operators are granted special powers under section 10 and schedule 2 of the Telecommunications Act 1984 to assist with the installation of their systems in the public highway and, with the appropriate consents, on private land.
A cable operator does not have the automatic right to carry out works on private land unless it has first obtained the written agreement of the owner, be it a local authority or a private individual. If a cable operator were to be refused agreement to install its apparatus in these circumstances, it could apply to the courts for the necessary rights to be granted, on terms to be decided by the court.
The powers given to cable operators, through the terms of their individual licences under the Act, do not override the obligation imposed by section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to obtain listed building consent for any works which affect the character of a listed building.