Written - Review of Mobile Phone Operators Permitted Development Rights - Taking Forward the Commissioned Research Report Findings

In June 2008 researchers from the University of the West of England , Bristol,  were appointed to undertake an analysis  of possible options for change   to those permitted development rights relating to mobile phone masts  as contained in Part 24 of the Town and Country Planning (General Permitted Development) Order 1995. Each option was to be assessed for the technical, economic and safety impacts of implementing that option. Also for having any discriminatory implications in terms of the EC Framework Directive and domestic public law principles.

As part of their information gathering phase of the project the researchers invited evidence from a large numbers of bodies and then conducted in-depth interviews with selected stakeholders before making the assessment of the possible options for change. The researchers’ comprehensive report, “Research Project for a Review of Mobile Phone Operators Permitted Development Rights”, was received earlier this year and is available on the WAG website. Copies have now also been distributed to all Assembly Members.

Chapter 10 (pages 41-76) of the report contains the researcher’s analysis of the possible options and Chapter 11 (pages 77-82) sets out their conclusions and recommendations. They consider that options 2 ( “partial regulation : remove prior approval , amend permitted development rights , with a greater or lesser requirement   for full planning permission”) and 4 (“ retain the prior approval procedure, and amend some aspects of what is permitted development to a greater or lesser extent”) are the main possible  options  with Option 2 being their own preference.

Their report also contains supporting information about the deployment of the operator networks in Wales. The researcher’s view in the report is that future requirements will be focused  around upgrading antenna and increasing capacity and are likely to be based upon the utilisation of many sites that operators already own or use. They also expect that there will be an increase in the sharing of mobile network infrastructure. This is reflected in the agreements entered into between particular operators in the last few years to share their sites / some infrastructure and the establishment of  joint venture companies.

These expected general trends have welcome implications  given the terms of the existing WAG planning policy guidance in Technical Advice Note 19 “Telecommunications”. This contains clear and positive advice on the need for operators to fully consider mast and site sharing.  In particular it stipulates that:

•  Local planning authorities (LPAs) may reasonably expect applications for new masts to show evidence that they have explored the possibility of erecting antennas on an existing building, mast or other  structure.
•  The evidence should accompany any application made to the LPA and, if the evidence regarding the consideration of such alternative sites is not considered satisfactory, the planning authority (or Welsh Ministers on appeal) may be justified in refusing planning permission for the development.

Another finding is that the number of telecommunications prior approval / planning applications is currently low and is expected to remain low.

I announced in a Cabinet statement of 10 December 2008 the Assembly Government’s intention of undertaking a comprehensive review of the operation of the planning application process in Wales, to ensure that the planning system is fit for purpose, particularly in the light of challenging economic circumstances.

Researchers from GVA Grimley have been appointed to undertake a research study to examine the planning application process. An independent Research Steering Group has been formed to oversee this project, which is chaired by retired town planning consultant Michael Sant. The membership of the group is made up of representatives from, CBI (Wales), Federation of Small Businesses in Wales, Home Builders Federation (Wales), Royal Society for the Protection of Birds (Wales), Welsh Local Government Association, Planning Officers Society (Wales), Planning Aid Wales, Royal Town Planning Institute Cymru and Advisory Panel on Standards for the Planning Inspectorate.

Work has recently started on the research study with a report expected in the Spring 2010. This work will examine barriers to the efficient delivery of timely planning application decisions and to identify good practice. It will draw

upon evidence across Wales and the rest of the UK, including the recently completed Killian Pretty review in England. The results of the research study will inform and contribute to an action plan for taking forward improvements in the planning system.

I am mindful that the planning application review could bring recommendations for changes to secondary legislation affecting permitted development rights. It is therefore important that the issues of permitted development rights relating to mobile phone masts are considered in the round, alongside all other relevant considerations. I therefore propose to consider the findings and recommendations of the UWE report in the Spring together with the conclusions and recommendations of the Planning Application Review Research Study.