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Siting of Telecommunications Masts Bill

This is the text of the Siting of Telecommunications Masts Bill, as presented to the House of Commons on 28th February 2001.

 
 
  
Siting of Telecommunications Masts Bill
 
 
 

 
 
A

B I L L

TO

Control the siting and development of telecommunications masts.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Telecommunications masts developments: planning conditions.     1. - (1) The Town and Country Planning Act 1990 is amended as follows.
 
      (2) In section 59 (development orders: general), after subsection (2) there is inserted-
 
 
    "(2A) No development order may itself grant planning permission, or provide for the granting of planning permission by a local planning authority, for the development of telecommunications masts or any types of telecommunications mast."
 
      (3) After section 62 (form and content of applications for planning permission), there is inserted the following section-
 
 
"Applications for planning permission for telecommunications masts.     62A. Any application to a local planning authority for planning permission for the development of a telecommunications mast shall be accompanied by a certificate stating that the applicant has consulted those living or working in proximity to the proposed development and has taken into account their views on the desirability of the development."
 
      (4) After section 71A (assessment of environmental effects), there is inserted the following section-
 
 
"Telecommunications masts developments: potential health risks for children.     71B. - (1) Before granting planning permission for any development of a telecomunications mast, the local planning authority shall undertake an evaluation of the potential health risks to children which would arise from the development if it were to proceed.
 
    (2) Such an evaluation shall take into account-
 
 
    (a) the proximity of the proposed development to locations where children are present, including, but not restricted to, residential properties, schools and nurseries; and
 
    (b) the potential health risks posed by the proposed development to such children.
      (3) In making an evaluation under this section, the local planning authority shall take into account the views of-
 
 
    (a) people living or working in proximity to the proposed development; and
 
    (b) local NHS bodies and organisations representing patients in the area in which the proposed development would take place.
      (4) Where, as a result of an evaluation carried out under this section, the authority considers that there is any health risk posed to children by a proposed development, the authority shall not grant planning permission for that development until it has been shown that there is no such risk."
 
Exclusion of telecommunications masts from general permitted development.     2. In Part 24 of Schedule 1 to the Town and Country Planning (General Permitted Development) Order 1995 (development by telecommunications code system operators), in the definition of "telecommunication apparatus", after the words "means any apparatus" there is inserted "(except for telecommunications masts)".
 
Short title.     3. This Act may be cited as the Siting of Telecommunications Masts Act 2001.
 
 

 
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Prepared 21 March 2001