Proposed Change to Scheme of Delegation - Ground Based Telecoms Masts
North Lanarkshire Council · 9 June 2022
Back to Council — 9 June 2022 and its agenda
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North Lanarkshire Council Report Council Does this report require to be approved? ☒ Yes ☐ No Ref PH/LB Date 09/06/22 Proposed Change to Scheme of Delegation – Ground Based Telecoms Masts From Head of Planning and Regeneration E-mail bowdenl@northlan.gov.uk Telephone Lorna Bowden, Planning and Place Manager, 07939 280460 Executive Summary The purpose of this report is to seek an amendment to the Scheme of Delegation which is considered necessary due to the amendment of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO) which has established new and extended permitted development rights relating to digital telecommunications, most notably in respect of new ground-based telecoms masts. The purpose of these changes is to support a range of existing communication services and facilitate new services to help Scotland become a world class digital economy, in line with Scottish Planning Policy. The change introduces a prior approval process for applications for ground-based telecommunications masts and associated equipment which are classed as permitted development. Due to the timescales specified by the Scottish Government for determining the Prior Notification requests (56 days), it is sometimes not possible to seek a determination from Planning Committee in accordance with the current scheme of delegation. If the council does not determine the application for Prior Notification within 56 days then prior consent is deemed to have been granted. Therefore, some applications which the council may be minded to refuse could, by default, end up going ahead. An amendment to the Scheme of Delegation is therefore being requested to enable these applications to be determined by the Planning Service. Recommendations It is recommended that the Council approve the amendment to the Council’s Scheme of Delegation to permit the Appointed Person (Head of Planning and Regeneration, the Planning and Place Manager, Planning Managers (North) and (South)) to determine: • applications within the category of Prior Notification or Prior Approval made under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Schedule 1 for Part 20 - Class 67: Development by electronic communications code operators regardless of how many objections have been received.
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1. Background 1.1 The Scottish Government is taking forward a phased programme to review and extend permitted development rights (PDR) in Scotland. Following consultation, the first phase of these extended permitted development rights was introduced on 1 April 2021. The changes relate to four development types: digital telecommunications infrastructure, agriculture, peat land restoration and active travel. 1.2 PDR generally relate to minor, uncontroversial developments or changes associated with an existing development where consideration on the principle of the development by a planning authority on an individual basis is unlikely to add value to the process. On this basis, PDR can help remove the need for unnecessary applications for planning permission and therefore reduce the burden on both applicants and planning authorities without harm to the local community or environment. Nevertheless, even when a particular type of development is granted PDR, projects must still comply with other statutory obligations, including requirements to obtain another consent – for example, listed building consent or consent requirements under the Nature Conservation (Scotland) Act 2004 where works affect a Site of Special Scientific Interest. 1.3 The subject of this report is the change in PDR for digital telecommunications infrastructure which is not covered by the current Scheme of Delegation. 2. Report 2.1 The Scottish Government’s intention in extending PDR for digital connectivity is to assist in supporting and enhancing the roll out of vital and improved digital communications for all regions of Scotland. This has become even more important given society’s reliance on digital communications during the Covid-19 pandemic and will particularly support working from home and economic development in remote and rural communities. 2.2 Class 67 of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO) sets out permitted development rights (PDR) for certain works carried out by or on behalf of an electronic communications code operator for the purposes of the operator's electronic communications network or carried out in accordance with the electronic communications code 2.3 The key change that has been introduced is the introduction of PDR for ground-based telecoms masts of up to 30 metres in height subject to a determination by the Planning Authority on whether prior approval is needed for its siting and design. 2.4 The new regulations provide a halfway house between full planning permission and permitted development. The masts (up to 30m in height) are deemed to be acceptable in principle and can be described as “permitted development” as long as the planning authority is happy with the siting and design of the mast. Applications for ground masts are required to be accompanied by a fee and supporting information (plans etc) and also a certificate which confirms that radiation from the mast is within recommended levels (known as ICNIRP). The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition statement (18) Ensure our digital transformation is responsive to all people's needs and enable access to the services they need
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2.5 In terms of design, in general there is little that can be done to masts to change their appearance, other than colour and possibly screening of the associated apparatus. Most of the applications the council has received to date have been in urban settings where these changes are not considered appropriate. In terms of siting again the ability to influence is limited and would only be appropriate where the location is causing an obstruction in terms of road or pedestrian safety; where there may be an impact on Cumbernauld Airport or where the location is within certain ‘designated areas’ which include: World Heritage sites; conservation areas; historic battlefields; National Parks, and the settings of both category A listed buildings and scheduled monuments. 2.6 Of particular note (and unique in the consideration of ‘prior approval’ applications) is that the application (to determine if ‘prior approval’ is required) is also the basis of “neighbour notification” and any occupied buildings within 20m of the mast will be sent a letter allowing them 2 weeks in which to comment. Valid comments can only be considered if they relate to the siting and design of the apparatus. 2.7 As part of the assessment process, the planning authority must advise the applicant within 56 days of receipt of the application if ‘prior approval’ is required. If it is deemed to be required, then it must also (within that 56 day period) confirm if prior approval is granted or refused. 2.8 It is this very short timescale that presents a challenge, as under the current Scheme of Delegation, if 6 or more objections are received to a proposal the application must be referred to the Planning Committee for determination. The lead in time for Committee means that most of these applications will exceed the 56-day determination period. Currently, due to the current scheme of delegation, the Council would be unable to determine applications where 6 or more objections are received within the statutory 56-day period. The regulations make it clear that where the Council cannot determine the application for Prior Approval within 56 days then prior approval is deemed to have been given. It is for this reason that the change to the Scheme of Delegation is required. 2.9 It is therefore proposed that the council’s Scheme of Delegation should be amended to permit the Appointed Person (Head of Planning and Regeneration, the Planning and Place Manager, Planning Managers (North) and (South)) to determine applications within the category of Prior Notification or Prior Approval made under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Schedule 1 for Part 20 - Class 67: Development by electronic communications code operators, regardless of how many objections have been received. 3. Measures of success 3.1 The council is able to determine applications for Prior Approval for telecom masts over 30 metres within the 56 day statutory timescale set by the Scottish Government. 4. Supporting documentation 4.1 Annex G of Circular 2/2015: non-domestic permitted development rights: https://www.gov.scot/publications/planning-circular-2-2015-consolidated-circular-non- domestic-permitted-development-rights-updated-2021
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Pamela Humphries Head of Planning and Regeneration
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The proposed change to the Scheme of Delegation outlined in this report has been discussed and agreed with Legal and Democratic Solutions. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐
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If Yes, please provide a brief summary of the impact? As outlined in the report the amendments introduced by the Scottish Government are aimed at helping to improve digital connectivity in Scotland. Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk that the council cannot determine applications within 56 days including those that the Planning service would wish to recommend for refusal and therefore masts could be erected in locations that are not deemed to be suitable.