§ Mr. ThomasonTo ask the Secretary of State for the Environment when he intends to introduce amendments to part 24 of schedule 2 to the Town and Country Planning General Development Order 1988 and to publish the draft revised planning policy guidance note on telecommunications.
§ Mr. BaldryMy right hon. and learned Friend and my right hon. Friend the Secretary of State for Wales have today published a draft revision of planning policy guidance—PPG—note 8, "Telecommunications", for public consultation, and propose to lay before Parliament shortly amendments to part 24 of schedule 2 to the GDO. The amendments and the guidance take account of the public response to the consultation paper on telecommunications, which was issued in the autumn last year.
Modern telecommunications are an essential and beneficial element in the life of the local community and in the national economy. They are good for business; they attract new firms to an area and are equally important for broadcasting and new forms of employment. They can enrich life at home and offer new choices in education and entertainment, in shopping and banking. Through facilitation of homeworking, telecommunications can benefit the environment through reducing the need to travel, and hence by reducing vehicle emissions of carbon dioxide and other pollutants. Planning policy must not only provide for the continued growth of such services but also ensure that other developments do not impede the performance of current broadcasting and telecommunications services.
The amendments to the GDO will take into account the rapid growth of the telecommunications industry and technology over the last few years. We recognise the need for operators to be able to provide an efficient and competitive service. The amendments will therefore seek to satisfy the needs of the telecommunications industry by reducing a number of current planning constraints, while at the same time allowing planning authorities sufficient control to protect amenity from serious damage.
The main deregulatory changes are the granting of permitted development rights, for the first time, for apparatus on buildings below 15 m and for radio 850W equipment housing, subject to given limits, and the removal of the limit of two antennas on ground-based radio masts. However, there will be no relaxation of controls in designated areas, such as conservation areas and areas of outstanding natural beauty.
These changes would be complemented by a determination procedure in respect of masts, radio equipment housing and public callboxes. Before such apparatus can be installed under permitted development rights, the code system operator will have to apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the details of the siting and appearance of the apparatus.
The installation will be able to go ahead after 28 days from the authority's receipt of the application according to the submitted or agreed details, unless the authority refuses to grant prior approval within that period. There can be no grounds for refusal under this provision other than siting or appearance; the permitted development right itself cannot be taken away.
The 28-day time limit is the same as which now applies to the current notification procedure under schedule 4 to licences issued under the Telecommunications Act 1984. The Secretary of State expects the greater majority of installations will he able to go ahead, as they do now, without the planning authority needing to intervene, and that intervention should only take place to prevent serious impact on amenity. Early consultation between operators and local planning authorities should help to ensure that the details of siting and appearance are acceptable.
The draft revised PPG updates the current PPG on telecommunications and explains the GDO regulations governing code system operators—part 24—and the location of satellite television and other antenna—parts 1 and 25. It provides guidance to planning authorities on the importance of development plans in providing for telecommunications development, and on the planning considerations that should be taken into account in their development control functions. Early consultation and sufficient information are both important for proper planning decisions. The guidance continues to stress the importance for operators to share masts and buildings wherever practicable, and for planning authorities to ensure that large new buildings do not create radio interference.