Circular 5/2001
Planning Series:
National Planning Policy Guidelines (NPPGs) provide statements of Government policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.
Circulars, which also provide statements of Government policy, contain guidance on policy implementation through legislative or procedural change.
Planning Advice Notes (PANs) provide advice on good practice and other relevant information.
Statements of Government policy contained in NPPGs and Circulars may, so far as relevant, be material considerations to be taken into account in development plan preparation and development control.
This Circular summarises the Scottish Ministers' understanding of the general effect of the relevant primary or secondary legislation although the summaries do not carry statutory authority in themselves and legal advice should always be taken in case of doubt.
INTRODUCTION
1. The Scottish Executive has amended the permitted development rights(PDR) available to telecommunications code system operators 2. It should be read in conjunction with the new National Planning Policy Guideline (NPPG 19): Radio Telecommunications and the related Planning Advice Note (PAN 62): Radio Telecommunications, as well as the statutory instrument itself.
2. The aforementioned SSI also amends Class 68 of the GPDO, which relates to PDR for telecommunications development by those not entitled to PDR under Class 67. A separate SSI (2001 No. 245) 3 amends article 3 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. These changes are also described in this Circular.
CONTEXT
3. Aware of the concern about the erection of mobile phone masts under permitted development rights, the then Scottish Office announced in December 1998 that it intended to introduce a prior approval system as part of an updating of the PDR for such development. These measures were not implemented by the time the Scottish Parliament came into being and the Scottish Executive took over the devolved responsibilities for the planning system in Scotland. The Executive indicated that it supported these proposals for a prior approval system. Shortly after this the Transport and the Environment Committee of the Scottish Parliament announced its intention to hold an inquiry into these proposals.
4. The changes made to the GPDO and the preparation of the new NPPG and PAN have been done primarily in response to the 3 rd report 2000 of that Committee entitled Report on Inquiry into Proposals to Introduce New Planning Procedures for Telecommunications Development 4. The statutory instrument and guidance were also developed in the light of the report of the Independent Expert Group on Mobile Phones 5 (the Stewart Report), concerning health related issues, and the UK Government's response to it.
KEY PRINCIPLES
5. The Executive's aim in making and issuing the new legislation and guidance is to encourage the efficient rollout of telecommunications infrastructure throughout Scotland, while minimising the impact on the environment and addressing public concerns about siting and design. The amendments to the GPDO involve an increase in planning control. However, these changes must be seen in the context of the policy and guidance set out in the NPPG and PAN respectively. These documents promote a pro-active and co-operative approach to the rollout of telecommunications infrastructure which planning authorities and Operators are expected to adopt.
6. The main features of the changes to Class 67 of the GPDO are:
- Planning permission will be required for ground based masts erected for the support of antennas;
- An increase in the number of designated areas within which PDR are restricted;
- Tighter controls are placed on PDR for apparatus, including antennas and equipment housing, on buildings and other structures;
- A requirement to give planning authorities 28 days notice of the installation of equipment housing and antennas under PDR;
- A requirement to provide a declaration in relation to compliance with the public exposure guidelines for radiofrequency emissions published by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) 6 for development involving antennas.
MANPOWER AND FINANCIAL IMPLICATIONS
7. A Regulatory Impact Assessment accompanies these proposals. Copies can be obtained from the contacts at paragraph 9 below.
EVALUATION
8. The Executive will evaluate the operation of the new planning legislation and guidance. This will include the collection and analysis of statistical data on the processing of planning applications for telecommunications development and, in due course, research aimed at obtaining the views of those using the new legislation and guidance and on whether the aim set out at paragraph 5 is being achieved.
FURTHER COPIES AND ENQUIRIES
9 General enquiries about this circular should be addressed to Mr Alan Cameron, The Scottish Executive Development Department, Planning Division, 2-H, Victoria Quay, Edinburgh EH6 6QQ (Telephone 0131 244 7065); e-mail: Alan.Cameron@scotland.gov.uk. Further copies and a list of current planning circulars can be obtained from the same address (Telephone 0131 244 7066); e-mail: planningdivision@scotland.gov.uk.