Lack of notification
Local planning authority powers
Permitted development rights
Ecclesiastical Rights

Lack of notification

Secrecy seems normal where mobile phone base stations are concerned.

We only found out that an installation was imminent nearby because the site, Holy Trinity Church, is a Grade II listed building in a conservation area, and the work needed planning approval. The wording on the planning application meant nothing to anyone unfamiliar with technical jargon.

Though there is now supposed to be a policy of openness, see FEI statement below, in fact the opposite is true and local residents are still not being kept informed of planned installations.

Many Knaresborough residents would have liked an early opportunity to express their concerns about having Vodafone microwave antennas on Holy Trinity Church. They could not do so as the plans, apparently in the pipeline for two years, had been kept secret from nearby residents.

The Federation of the Electronics Industry (FEI)

The FEI of which Vodafone is a member, represents the UK telecommunications industries position on health matters. From its ‘Background industry response to the Stewart Report’ 11 May 2000 FEI

“The industry recognises that the location of some base stations can generate more public concern in the local community than alternative locations might. To address this, operators will help ensure that local communities are better informed about applications made for new base station sites and have appropriate opportunity to make their views known.”

“The majority of existing base stations already meet (ICNIRP) guidelines and all new base stations will be built to this standard. All existing sites will be checked and modified, if necessary, as soon as is practicable.”

Local planning authority powers

Planning authorities do not have the power to turn down a base-station planning application on health grounds, provided that it will meet current UK radiation exposure guidelines (ICNIRP values).
Even where local planning authorities do refuse planning permission for a mast, the telecom operator can appeal to the Secretary of State (we, the public, have no right of appeal!) who unfortunately passes nearly 50% of these cases, as opposed to 27% of ordinary appeals.

Permitted development rights.

Public telecommunications operators have been granted a number of rights similar to those enjoyed by gas, water and electricity companies. These include permitted development rights, which allow them to carry out certain developments, including the erection of masts less than 15 m high, without the need to make a full planning application.

Stewart Report (section 1.36) recommends that for all base stations, including those with masts under 15 m, permitted development rights for their erection be revoked and that the siting of all new base stations should be subject to the normal planning process

Stewart Report (section 6.96) All development requires planning permission. In most cases, this will entail a full application to the local planning authority (LPA) for express permission. LPAs are required to determine applications in accordance with the development plan, unless material considerations indicate otherwise. These considerations can include views expressed by local people. LPAs have to publicise all planning applications.

Stewart Report (Section 6.97) Relatively minor development does not require express permission. It is granted planning permission under the Town and Country Planning (General Permitted Development) Order 1995 – the “GPDO”. These “permitted development rights” are enjoyed by a range of bodies, including householders and statutory undertakers.

Ecclesiastical Rights

Nov. 2000 - The Holy Trinity Church has apparently withdrawn the planning application for the erection of the aerial and proposes to install the aerial under existing ecclesiastical rights. These rights are an anachronism but do exist. The issue left for Harrogate Council to consider is the installation of the vents. Existing stone louvres in front of antennas would be replaced with GRP (glass reinforced plastic) sections. If there was evidence that the aerial damaged a Listed Building, the ecclesiastical rights may not apply.

Councillors have since said that in the case of a Grade II listed building being affected, planning controls would take precedence over ecclesiastical rights.

Feb 2002
It now seems that ecclesiastical rights do take precedence over conservation area planning control.

In the Vodafone planning appeal decision the Inspector, appointed by the Secretary of State, states he is not acting in respect of a Conservation Area listed buildings appeal, because Ecclesiastical Exemption consent under Faculty jurisdiction has been secured, and is instead treating it as a normal planning appeal.

It is untrue though that ‘Faculty jurisdiction has been secured’, even the required consultation stage notice period of the decision-making process has not yet begun.

Planning policy guidance notes PPG 15 section 8 covers Ecclesiastical exemption.