Telecommunications

When do telecommunication masts and antennae require planning permission?

Telecommunications masts and antennae are now a familiar part of our landscape, both in towns and the countryside. Whilst some of these masts are fairly prominent in terms of their appearance and siting, many of them do not actually require planning permission.

In a large number of cases these masts are 'permitted development', meaning that planning permission is not required. However, a system of 'prior approval' does operate for the majority of these types of installations.

For example, with ground based masts that are no greater than 15 metres in height, the Council has the opportunity to say whether it wishes to approve, within 56 days, details relating to the siting and appearance of the installation.

If the Council considers that the development would pose a serious threat to amenity, it is able to refuse approval.

The Government's policy encourages mast/site sharing where appropriate. Therefore operators are required to provide evidence to local authorities illustrating that they have considered the use of existing masts, buildings and structures before seeking to erect any new mast regardless of size.

The operator is also expected to provide a justification for the need for the mast, particularly in places that are afforded protection in some way or other such as in Green Belt land or in Conservation Areas.

The authority may be justified in refusing prior approval or planning permission if it considers the evidence submitted is unsatisfactory. The Council maintains a register of mast sites.

Although there is concern regarding health issues surrounding masts, this is not an issue that the planning process can usually take into account when determining prior approval and/or planning applications.

Government guidance, advice, appeal decisions and court cases all make it clear that health concerns should not usually be material to any planning decision, providing the applicant makes it clear that the installation meets International Commission on Non-Ionizing Radiation Protection (ICNIRP) guidelines . Such matters fall within the scope of the Health and Safety Executive, who are continuing to research the effect of masts on the health of the community.