ROYAL BOROUGH OF KENSINGTON AND CHELSEA DRAFT SUPPLEMENTARY PLANNING GUIDANCE TELECOMMUNICATIONS EQUIPMENT 1.0 INTRODUCTION 1.1 The objective of this document is to set out guidance for telecommunications development in the Royal Borough of Kensington and Chelsea. In determining proposals for telecommunications equipment/development, the Council will have regard to this guidance, policies set down in the Unitary Development Plan and to any other material considerations, including impact on visual and residential amenity and the justification for the equipment. 1.2 The document is intended to provide clarity for residents and telecommunications providers of the processes and procedures involved. 1.3 The Guidance applies to all external telecommunications equipment, including satellite antennae/dishes, terrestrial microwave antennae, and cellular radio antennae/aerials and base stations. 1.4 This guidance is non-statutory guidance which supplements the policies of the Unitary Development Plan, adopted on 25 th May 2002. Only the policies in the Unitary Development Plan can have the special status afforded by S54a of the Town and Country Planning Planning Act, 1990, in deciding planning applications. However, the Government advises that supplementary planning guidance may be taken into account as a material consideration, the weight accorded to it being increased if it has been prepared in consultation with the public and has been the subject of a Council resolution. 2.0 TELECOMMUNICATIONS INDUSTRY: BACKGROUND 2.1 The Council understands that modern telecommunications are an essential part of the life of the Borough, London and the nation. The telecommunications industry is a major sector of the economy (3% Gross Domestic Product), employing over 210,000 people, servicing over 30 million mobile telephone users. Planning Policy Guidance Note 8 “Telecommunications”, states that: “….fast, reliable and cost effective communications can attract business to an area and help firms remain competitive” Efficient communications systems are seen to have environmental benefits by reducing the need to travel, thereby improving air quality. 2 2.2 The introduction of the new third generation mobile telephone system (3G) in 2001 replaced the existing Digital Cellular GSM system, and required a new nationwide network of antennae. The new network was introduced to provide an enhanced service. The five licensed operators are required to provide 80% coverage of the population by 2007. 2.3 The number of telecommunications related applications have increased dramatically over the last five years, not just from individual householders, but from the five licensed telephone operators. 3.0 LEGISLATIVE FRAMEWORK: The need for Planning Permission 3.1 Town and Country Planning (General Permitted Development) Order As (amended) 1995 and Prior Notification The erection of any apparatus required in connection with the provision of a telecommunications service may need planning permission. Usually, certain apparatus, such as conventional television aerials, are considered to be not visually significant enough to amount to development and they do not need planning permission. Other apparatus is development permitted by the Town and Country Planning (General Permitted Development) Order 1995 (as amended), and does not need planning permission. Apparatus that is permitted by the GPDO is subject to it being sited to minimise its effect on the external appearance of the building and subject to it being removed when it is no longer required. If the erection of apparatus is development which is not permitted by the GPDO, the normal planning application process applies. In addition, listed building consent will usually be required if the relevant building is listed. The GPDO does not remove this requirement. 3.2 Permitted development in respect of telecommunications equipment is divided into three parts in the GPDO – Part 24 (for Code Systems Operators; these include the 5 licensed operators), Part 25 (for most other telecommunications development) and Part 1, Class H (for dwelling houses). 3.2.1 Part 24 This is complex and very detailed; a summary is given at Appendix 2. The majority of telecommunications development proposed by mobile 3 operators is “permitted development” because of Part 24. Where development is permitted by Part 24, the operator has to give the Council advance notice, known as “Prior Notification”, of the proposed siting and appearance of the installation. The Council has 56 days to consider and respond. Where prior approval is required, clear and comprehensive information must be given to the Council. 3.2.2 Part 25 This is more limited and covers other telecommunications equipment on all properties except for houses. No more than two dishes are permitted on buildings over 15 metres (49 feet), and no more than one on buildings under 15 metres (49 feet) and houses; a 15m. building is approximately 5 storeys. Also, there are limitations on the size and location of dishes. 3.2.3 Part 1, Class H This covers single family houses and sets out what may be erected without planning permission. This includes satellite dishes, subject to size and siting restrictions. Members will recall Government consultation earlier this year proposing the relaxation of this part of the GDO, to which the Council raised great concern over the possible visual impact on this Borough. 3.3 Full Planning Applications Where a proposal falls outside the scope of the GPDO, or where “permitted development rights” have been removed, the operator or the householder is required to submit a full planning application for the development. In considering such a proposal, the Council is required to take into account national guidance, policies of the Unitary Development Plan and other material considerations. This is discussed in greater detail later in this report. 4.0 NATIONAL GUIDANCE/ADVICE 4.1 Planning Policy Guidance Note 8 (PPG8 – Telecommunications), revised in August 2001 (replacing PPG8 December 1992) This gives guidance on planning for telecommunications development, including radio masts and towers, antennae of all kinds, radio equipment housing, public call boxes, cabinets, poles and overhead wires. 4 4.2 The main changes to PPG8 were: • To update guidance to take account of developments in telecommunications technology and the growth of the telecommunications industry. • To update guidance to take account of changes to the permitted development rights that apply to telecommunications code system operators. • To provide advice about taking account of health considerations in making planning decisions about telecommunications development. 4.3 PPG8 consists of two parts. The first sets out planning policy and the second consists of an appendix with two annexes which provide guidance on the policy, the prior approval procedure under part 24 of the GPDO and technical developments within the telecommunications industry. There should be no distinction between the first and second part of this PPG as both should be given equal weight when being considered. 4.4 The general Policy of the Government set out in the PPG is to facilitate the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum. Local Authorities are encouraged to respond positively to telecommunications development proposals, whilst taking into account the advice contained in other Planning Policy Guidance. Authorities are advised not to prevent competition between different operators and not to question the need for the telecommunications system which the proposed development is to support. 4.5 Code of Best Practice on Mobile Phone Network Development, 2002 This was produced by the Government jointly with representatives of central and local government and the mobile telephone industry, to provide clear and practical advice to ensure the delivery of “significantly better and more effective communication and consultation between operators, local authorities and local people.” The aim is to set out standard practice which will promote consistency of approach and transparency. The code attaches great importance to securing good design and gives advice on siting and design of telecommunications equipment in order to direct development to the 5 most appropriate locations and to help minimize environmental impact and visual intrusion. 5.0 LOCAL PLANNING POLICIES 5.1 The Council’s Unitary Development Plan 2002 sets out the planning policies that are taken into account in the determination of any planning application. Policies in the “Conservation and Development” Chapter are most relevant and are set out below: “Telecommunications Apparatus 4.4.17 Developments in telecommunications have led to changes in the way telephone and television systems operate. Both broadcasting and reception create demands for various forms of antenna (including satellite dishes). The General Permitted Development Order and Telecommunications Code Systems Operators’ Licences allow certain Telecommunications developments to take place without the need for planning permission, but in some cases allow the planning authority to require changes to siting and appearance with the aim of protecting amenity. The Council will use these powers to minimise the impact of telecommunications development and follow the advice contained in Planning Policy Guidance Note 8. The Council will encourage the use of communal satellite dishes on blocks of flats. Some domestic satellite dishes may be installed as permitted