Scottish Government

Main findings

• Following an initial learning curve and an increase in workload, there is clear evidence that the new regulations are now well understood by planning authorities and operators.
• The new controls have prompted different working requirements and working patterns, with an emphasis on discussions at the pre-application stage, or around different alternatives. There are strong attempts within authorities to ensure consistency of decision-making, and some evidence of a lack of consistency between local planning authorities. The fee structure for telecommunications is part of a wider debate and not a problem specifically with respect to telecommunications.
• For the operators there was some initial confusion due to the different planning controls across the UK. There was no evidence to suggest that the new regulations have slowed down roll-out of the infrastructure. In general, the commercial climate for mobile telephony has been less favourable. The planned roll-out of 3G has been slower than anticipated, but not as a result of the new planning regulations.
• The general view was that the system is working 'as well as can be expected'. From the perspective of planning authorities, there is a need for greater dialogue between operators, more liaison between operators, and a more hands-off approach during the determination of planning applications. The view of the operators is that the Ten Commitments is providing the necessary opportunities for participation and understanding. However, a higher attendance at the operators' presentations should be encouraged.
• There was evidence of dialogue between operators and local planning authorities, and elected members. It was asserted by the operators that optimal (visual) solutions are often constrained by technical requirements and ownership issues, including local authority moratoria. There was some concern as to the involvement of members in pre-application discussions. There was also concern about the overall responsibility for the management of public consultation and potential overlap, as a result of the Ten Commitments.
• Questions around design are changing in part due to the increasing use of disguise. There are different concerns with siting and design across Scotland depending on urban and rural contexts.
• There was an initial increase in appeal workload. This was due to the difficult transition phase. There has been some innovative use of conditions, some of which have not succeeded at appeal, but there was no evidence of any specific impact on inquiry workload from the new regulations. There is strict adherence to NPPG 19.
• The relatively more stringent planning controls initially raised expectations of members' having an enhanced ability to represent constituents' concerns. There was some evidence of member involvement in siting and design, and mast- and site-sharing conversations. There is some evidence of a willingness not to follow officers' professional advice in certain planning authorities. Notwithstanding NPPG 19, for elected members health remains a key concern.

Introduction

In July 2001 the Scottish Executive introduced land use planning controls to regulate the development of mobile telecommunications. The new arrangements sought to reconcile a number of competing challenges associated with the changing requirements of this infrastructure. The economic and social benefits of mobile telecommunications, and the need to ensure an efficient roll-out of the associated infrastructure, have to be balanced against a greater sensitivity to public concerns about siting, design and health considerations of mobile-based stations, particularly the location of masts.

The new controls were intended to improve opportunities for public involvement, and to take full account of local concerns. The objective of the research was to evaluate whether the policy objectives of striking a balance between the needs of the industry with concerns about the planning and environmental impacts have been achieved.

Research Aims

The principal aim of the research was to evaluate the broad effects that the 2001 planning controls have had on the various communities of interest. Specifically, the research addressed the effects on:

• planning authorities _ their workloads, the consistency of approach between authorities, and the appropriateness of the current fees accompanying telecommunications applications;
• the telecommunications industry _ in particular the rate of network roll-out, particularly for 3G services, and the extent to which other factors such as market conditions may have masked or enhanced that effect;
• the perceptions of the public, planning authorities and the industry of the new planning regime, and subsequent telecommunications development;
• the extent of dialogue between the industry and planning authorities in identifying optimal solutions, exploring alternatives and managing consultation;
• development on the ground, including better designed and sited masts, increased co-operation and mast-sharing between operators, and the effects of local authority moratoria;
• the workload of the SEIRU, the nature of appeals, and the interpretation of legislation and guidance;
• elected council members' perception of their ability to represent their constituents' concerns.

The research areas naturally group themselves into questions of processes, outcomes, and perceptions.

Research Approach

The research was undertaken by means of a literature review and an analysis of the performance data on telecommunications which are collected by the Scottish Executive. Seven case studies were conducted in Scotland, with comparative evidence from England, Wales and Northern Ireland. Face-to-face interviews were carried out with elected members, planning authority officers working in development plan sections and development control, the Inquiry Reporters Unit, and selected bodies, including the Royal Town Planning Institute, Royal Institution of Chartered Surveyors, and the Church of Scotland. Written responses were also sought through the planning press and the internet. Two focus groups were held with the telecommunications industry and this took a UK-wide perspective.

Changing Telecommunications in the UK

The rapid development of global mobile telephony has involved a number of changes in the industry and its management, in the technology and required infrastructure, and in the ways in which government and the industry has sought to manage telecommunications development.

Concerns with health and the proliferation of equipment, and the associated siting and design matters have led to a new pattern of regulation across the UK. In England and Wales, a prior approval regime is in place, whilst in Scotland and Northern Ireland relatively more stringent controls are in operation.

At the same time as the introduction of the new regulations, the mobile operators brought in the Ten Commitments to best siting practice (Figure 1). The Mobile Operators Association (MOA), which represents the major operators, asserts that this code of practice has contributed in a positive way to network roll-out in Scotland and reduces the need for planning controls.

The Ten Commitments sought to: improve transparency of the process of building mobile networks; provide more information to the public; and increase the role of the public in the siting of base stations.

Figure 1 The Ten Commitments

1. Improved consultation with communities
2. Detailed consultation with planners
3. Site sharing
4. Workshops for Councils
5. Database of Base Stations
6. Compliance with ICNIRP* public exposure levels guidance
7. ICNIRP certification
8. Prompt responses to enquiries
9. Support research into health and mobile phones
10. Standard documentation for planning submissions

* International Commission on Non-Ionizing Radiation Protection

Telecommunications Planning Policy in Scotland

NPPG 19 clearly states that the planning system should not be used to secure objectives that are more properly achieved under other legislation. Thus, for example, emissions of radiofrequency radiation are controlled and regulated under the appropriate legislation by the Department of Trade and Industry and the Radiocommunications Agency (now Ofcom). The Health and Safety Executive also has responsibilities. In light of these arrangements, together with other provisions set out in the national planning guidance, the Scottish Executive has concluded that it is not necessary for planning authorities to treat radiofrequency emissions as a material consideration. The role of the planning system is thus in addressing public concerns about the siting and design of mobile phone development.

Changing Processes

In terms of process, the relationship between mobile phone operators and local planning authorities is a complex one. The sophisticated nature of the technology and the needs of the telecommunications infrastructure represent a major challenge for the statutory land use planning system. The new planning controls have created opportunities for partnership working between the operators and planning authorities. In most cases it is apparent that the enhanced scope for dialogue has been productive.

Misunderstandings about health and council moratoria can work to undermine the partnership working which is intended to lie at the heart of the planning and telecommunications relationship. Greater clarity is required over the remit of the formal planning system and the informal Ten Commitments.

Changing Outcomes

Visual amenity concerns vary depending on siting, design and location. Rural and urban contexts clearly raise different considerations. Thus, the scale of the infrastructure prompts visual concerns, particularly, for example, in flat landscapes or on skylines. Moreover, the proliferation of masts in an urban setting may equally lead to (greater public awareness of a) visual intrusion. The research findings show that visual considerations are taken very seriously by operators and planning authorities alike. There was evidence of pre-application site visits in order to ensure sensitivity to siting, design and landscaping matters. There is confusion over the potential of mast- and site-sharing.

Whilst technical improvements continue to occur, the full impact of 3G is yet to be understood, as it involves a network of significantly more masts.

The use and enforcement of conditions was highlighted as important in securing visual amenity. A particular issue concerns the control of redundant equipment.

Changing Perceptions

There is wide support from the planning authorities for the new controls which have, they argue, enabled better planning outcomes on the ground. There was strong consensus that the new controls have resulted in better siting and design. Clarification of the remaining permitted development rights is required, particularly with respect to the large-scale (30 metre) masts being sited on railway land.

Whilst the new regulations provide opportunities for greater consultation and information sharing, the perceived exclusion of health-related matters in the context of telecommunications is problematic. There is frustration that the planning system is confined to matters of siting and design. The findings suggest that the public remains unconvinced in general terms as to the protection afforded communities by the planning system with respect to telecommunications developments. More needs to be done to convince the public of the openness and transparency of the planning decision-making process.

Advances in stealth technology mean that the operators consider that visual concerns will be much reduced. The view of the industry is that the Ten Commitments and a prior approval system, such as that operating in England and Wales, are adequate and that the relatively stricter regime in Scotland will hinder the roll-out of 3G.

There was, however, no evidence that the new planning controls in Scotland had slowed up telecommunications infrastructure roll-out.

Learning Lessons

The research confirms the dynamic nature of the mobile telecommunications sector and the rapid advances being made in technological development. This is fuelled by consumer demand. Thus, the planning system will still be tested, for example, with respect to TETRA, 3G, and even 4G. Attention will need to be paid to any transitional period in changing the regulations again. There is always a learning curve involved.

There was clear evidence arising from the study of improved understanding about the revised planning controls for telecommunications development in Scotland by those directly engaged in the process. In procedural terms, it has taken time to learn the ropes and establish some common agreement over the issues, for example, what is a considered to be a material planning consideration and what is not. In addition, it is clear that the telecommunications operators have worked hard to produce documentation that explains the technical requirements.

There was, however, evidence of less understanding by the public about where, and how, the land use planning system and telecommunications development interact. More must be done to clarify roles and responsibilities.