Lewes District Council

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Planning
Lewes District Council
Southover House
Southover Road
Lewes
East Sussex
BN7 1AB

Tel: 01273 484420
planning@lewes.gov.uk
Fax: 01273 484452
Minicom 01273 484488

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Telecommunications Development

Mobile phone mast

Telecommunications Application Register

The Telecommunications Register provides details of all telecommunications applications received within the Lewes District.
You can search the information by parish, operator or location to find details of telecommunications apparatus in your area and network coverage provided by different operators.

Information on the Council’s duties with regard to processing telecommunication’s applications, plus details of development and considerations that are outside of our control.

Mobile phones are part of everyday life for many people.  The increase in demand for network coverage requires the provision of additional masts and antennas in both rural and built up areas.  The siting of masts is often a contentious matter and generates a great deal of public interest.  This page provides information on the Council’s duties with regard to the processing of applications and details of development and considerations that are outside the control of the Council.   

Why doesn’t all telecommunications development require planning permission?

Telecommunications Operators benefit from certain permitted development rights with regard to the installation, alteration or replacement of telecommunications apparatus.  This means that development is either 'permitted development' under Part 24 of the Town and Country (General Permitted Development) (Amendment) (England) Order 2001 (the GPDO), or it requires 'planning permission' for which an application must be made to the local planning authority.

Permitted development rights are restricted in certain designated areas, such as the South Downs National Park, Conservation Areas or Sites of Special Scientific Interest (SSSI). Nor do they apply on listed buildings or scheduled monuments.

While most other categories within the GPDO, such as householders, can carry out permitted development without involving the local planning authority, mobile operators are subject to restrictions on these rights.

There are three categories within which telecommunications development falls:

1. Permitted Development

Minor forms of development that meet the criteria defined within the GPDO, are classed as permitted development. This includes development such as; the installation of additional antennas on existing masts and equipment cabinets with a volume of less than 2.5 cubic  metres. 

The developer is obliged under Regulation 5 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 to notify the Local Planning Authority in writing of the intention to install telecommunications apparatus.  The development however, is permitted by law and does not require an application to, consultation with or determination by the Council.

2. Full Planning Permission

Development that does not comply with the GPDO requires planning permission.  This includes development such as;

An application for full planning permission must be submitted to the Council who have 56 days in which to carry out the determination process.  By the end of the 56 days a decision is made to either Refuse or Approve the proposal.  If the proposal is Refused, the applicant can submit an appeal to the Planning Inspectorate who would make a final decision on the application.  Conditions requiring additional details, such as screening, can be attached to the grant of consent.

3. Permitted Development that requires Prior Approval

Development that complies with the requirements of the GPDO, is permitted development.  However if the development falls within one of the following categories an application for prior approval is required from the Local Planning Authority:

Furthermore any development on Article 1(5) land (e.g. National  Park, Conservation Area) or a Sites of Special Scientific Interest (SSSI) also require an application for prior approval.

Development within this category must follow the prior approval procedure, under which the Council is given the opportunity to say whether it wishes to approve details of the siting and appearance of the installation.  No other factors can be considered by the Council for this type of application.  The developer is obliged as part of this process to give notice of the proposed development to any owner or tenant of the land in question prior to the submission of an application. 

Prior Approval Procedure

For development as stated above, the developer must apply to the Local Planning Authority for its determination as to whether prior approval is required, with regard to the siting and appearance of the proposed development.

The Local Planning Authority has 56 days, starting from the date it receives the application, in which to make and notify its determination on whether prior approval is required for the siting and appearance of the development and to notify the applicant of its decision to approve or refuse such approval.

There is no power to extend the 56 day period. If no decision is made, or the local planning authority fails to notify the developer of its decision within the 56 days, permission is deemed to have been granted. 

Consultation

The public consultation requirements for the local planning authority under the 56-day prior approval procedure are; the posting of a site notice for 21 days, on or near the land to which the application relates and to notify any adjoining owner or occupier.

Determining factors

The only factors that can be considered under an application for prior approval are those concerning the 'siting' and 'appearance' of the proposed development.  Factors concerning siting may involve, height of the site in relation to surrounding land, topography of the site and vegetation, openness and visibility of the site, designated areas, the site in relation to existing masts, structures or buildings or proximity to residential property.  With regard to appearance this can include details such as; materials, colour, design, dimensions, overall shape, solid or open framework.

Health Considerations

There are reasons why the Planning Department is unable to take health considerations into account when determining mast proposals.

Government advice states that all proposals for telecommunications developments should be submitted with an ICNIRP (International Commission on Non-Ionising Radiation Protection) Certificate.  Beyond this, the health effects in relation to the development should not be considered further by the Local Planning Authority.

It is the government's firm view that the planning system is not the place for determining health safeguards and if a mast meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority to consider further the health aspects or concerns about them.

The Health Protection Agency (HPA) has a statutory responsibility for advising UK government departments, and those with responsibility for using ionising and non-ionising radiation, on the risks to human beings imposed by the use of such radiations.

The HPA offers expert advice on the health implications relating to human exposure to electromagnetic fields, drawing upon the most up-to-date research world-wide.

Further information and leaflets on mobile phone hand sets and base stations are available from the Department of Health.

Specific advice and information with regard to telecommunications development in context to the planning system is provided within: National Planning Policy Framework: Chapter 5.

Please see ‘External Links’, for further information and specialist advice regarding telecommunications development, health and electromagnetic fields.