Agenda reports pack
Argyll and Bute Council · 14 September 2026
Back to Argyll and Bute Local Review Body — 14 September 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 605522 DX 599700 LOCHGILPHEAD 7 September 2026 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT TEAMS on MONDAY, 14 SEPTEMBER 2026 at 4:15 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CONSIDER NOTICE OF REVIEW REQUEST: INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, PA32 8XD (REF: 26/0006/LRB) (a) Notice of Review and Supporting Documentation (Pages 3 - 242) (b) Comments from Interested Parties (Pages 243 - 262) Argyll and Bute Local Review Body Councillor Kieron Green (Chair) Councillor Willie Hume Councillor Liz McCabe Contact: Fiona McCallum Tel: 01546 604392 Public Document Pack
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Page 1 of 5 Central Validation Team at Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD Tel: 01546 605518 Email: planning.hq@argyll-bute.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100763947-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Telent Martin Brown Allen Road 5 Rutland House EH54 6TQ Scotland Livingston Page 3 Agenda Item 3a
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Other Argyll and Bute Council AS AGENT 0 . EH54 6TQ INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD AS AGENT 708563 AS AGENT 209343 EE LIMITED Page 4
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) install a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus The appeal is founded on the following grounds: (1) the Planning Authority's prolonged delay materially prejudiced the Appellant and altered the planning context; (2) disproportionate weight was given to perceived visual and heritage impacts; (3) insufficient weight was afforded to the operational need and significant public benefits; and (4) the evidence demonstrates the appeal site is the only suitable, available and deliverable location capable of meeting the network's operational requirement Page 5
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Planning Application Form; Appeal Statement; Planning Statement; Location Plan; Landowners Notice for Appeal; Landowner Development Notice Letter; NTQ Declaration; Site Specific Supplementary Information; Technical Support Information; 5G and Future Technology; DCMS Collaborating for Digital Connectivity; Future Telecommunications Infrastructure Review; Health and Safety Statement; Health and Safety Considerations for 5G; Cover Letter; Existing Site Plans; Proof of Delivery Appeal Notice. 25/01573/PP 09/07/2026 17/09/2025 Page 6
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Martin Brown Declaration Date: 31/07/2026 Payment Details Online payment: ZZPL00003176 Payment date: 31/07/2026 15:52:00 Created: 31/07/2026 15:52 Page 7
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Page 1 of 9 Central Validation Team at Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD Tel: 01546 605518 Email: planning.hq@argyll-bute.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100726868-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent install a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus Page 9
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Page 2 of 9 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Telent Other . Martin . Brown . Allen Road AS AGENT 5 0 Rutland House AS AGENT EH54 6TQ EH54 6TQ Scotland AS AGENT Livingston AS AGENT EE LIMITED Page 10
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Page 3 of 9 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Pre-Application Discussion Details Cont. In what format was the feedback given? * Meeting Telephone Letter Email Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters) Title: Other title: First Name: Last Name: Correspondence Reference Date (dd/mm/yyyy): Number: Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what information is required and from whom and setting timescales for the delivery of various stages of the process. A formal pre-application submission was made to the council on 10/07/25. As there was no direct information stating the fee for telecommunications and given time elapsed it was decided by the operator to proceed to submit the application given the urgent requirement to provide replacement coverage and capacity Other Argyll and Bute Council . . . . 10/07/2025 LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD 708563 209343 Page 11
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Page 4 of 9 Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). 0.10 vacant 0 0 Page 12
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Page 5 of 9 Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Waste Storage and Collection Do the plans incorporate areas to store and aid the collection of waste (including recycling)? * Yes No If Yes or No, please provide further details: * (Max 500 characters) Residential Units Including Conversion Does your proposal include new or additional houses and/or flats? * Yes No All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No Schedule 3 Development Does the proposal involve a form of development listed in Schedule 3 of the Town and Country Yes No Don’t Know Planning (Development Management Procedure (Scotland) Regulations 2013 * If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional fee and add this to your planning fee. If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance notes before contacting your planning authority. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * n/a Page 13
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Page 6 of 9 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Are you able to identify and give appropriate notice to ALL the other owners? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate B Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 I hereby certify that (1) - No person other than myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application; or – (1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates. Name: Address: Date of Service of Notice: * Mr Andrew McMurdo Inveraray Shinty Clubhouse, 0, Dalmally Road, Inveraray, Argyll and Bute, PA32 8XD 17/09/2025 Page 14
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Page 7 of 9 (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: Name: Address: Date of Service of Notice: * Signed: Martin Brown On behalf of: EE LIMITED Date: 17/09/2025 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application Page 15
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Page 8 of 9 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) see enclosed docs see enclosed docs Page 16
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Page 9 of 9 Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Martin Brown Declaration Date: 17/09/2025 Payment Details Online payment: ZZPL00002438 Payment date: 17/09/2025 14:13:00 Created: 17/09/2025 14:13 Page 17
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Local Review Statement Submitted by Jamaal Hafiz Telent Rutland House 5 Allen Road Livingston EH54 6TQ Reference (Nominal Cell): 93845 Argyll and Bute Council Planning Authority Reference: 25/01573/PP Site: Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And Bute, PA32 8XD NGR: 209343 N: 708563 Proposal: The proposal is for the installation a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus Page 19
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Contents 1.0 Introduction 2.0 Application Proposals & Site Description 3.0 Background to Requirements of Proposal; Alternative Site Evaluation; Radio Planning; and Health & Safety Issues 4.0 Planning Policy Framework 5.0 Grounds of Review & Council’s Reason for Refusal 6.0 Conclusion Page 20
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Cell No. 93845 LPA Ref: 25/01573/PP 3 1.0 Introduction Experience 1.1 My name is Jamaal Hafiz, a RTPI qualified Town Planner with over 10 years’ experience in the telecommunications sector. I am currently employed in the position of Town Planner with Telent, a leading technology company and specialists in the design, build, support and management of the UK’s critical digital infrastructure and planning consultancy, offering specialist advice to the telecommunications industry. My current position requires me to provide guidance and support to the business and clients overseeing telecommunications delivery through planning across the UK. The Local Review 1.2 This submission is an independent expert view of the planning matters relating to the proposal based on the information provided by third parties. All technical and background information, which forms part of this submission, is assumed to be factually correct and accurate. 1.3 Telent has been instructed by EE Limited (“the Review Applicant”) to conduct a Local Review against the refusal of an application for the siting and appearance of the installation of installation a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus by Argyll and Bute Council (“the Council”). The application for Full Planning Permission (LPA ref: 25/01573/PP) was refused by the Council on 9th July 2026 for the following reasons: 1. By This proposed installation of a telecommunication equipment compound and mast is considered contrary to the provisions of NPF4 Policy 24 (e) (i) (Digital Infrastructure) and LDP2 Policy 44 (a) & (d) (Telecommunications) as it is considered that the proposal would have an adverse impact on the visual amenity, character and appearance of the surrounding area and would adversely impact on the Historic Environment contrary to the provisions of NPF4 Policies 7 (Historic Assets) and 14 (Design, Quality and Place) and LDP2 Policy 15 (Protection, Conservation and Enhancement of Our Historic Environment, Policy 17 (Conservation Areas) and Policy 20 (Gardens and Designed Landscapes). This Local Review is lodged against the decision of the Council. Page 21
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Cell No. 93845 LPA Ref: 25/01573/PP 4 1.4 This statement will set out a brief outline of the Appellant’s case comprising a number of interrelated sections which will: • describe the Local Review site and surroundings in respect of visual character of the area (Section 2), • provide a background to the EE network requirement for the Local Review proposal and general statement in respect of health and safety issues (Section 3), • address alternative sites which have been considered as part of the appraisal (Section 3), • describe the planning policy framework, in relation to the proposal, in terms of both the national and local policy framework (Section 4), • focus on the grounds of Review and the Council’s reason for refusal (Section 5), and • submit our conclusion (Section 6). 1.5 Reference will be made to the background papers that comprise the application and further information attached as appendices to this statement, and it may expand on the documentation to support an opinion. Page 22
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Cell No. 93845 LPA Ref: 25/01573/PP 5 2.0 Application Proposals and Site Description Application Proposals 2.1 The application proposed the erection of telecommunications apparatus, comprising the following components: The installation a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus. 2.2 The structure proposed is a 25m column. The proposed column design is not uncommon in such a setting that also provides structural benefit for the infrastructure provider which can support all the required technologies from both operators on a single structure. As such is transparent to an extent that allows light to pass through and promotes reduction in visual impact given the benefit trees within the surrounding area. If the column was any lower in height, it would require another installation, this would lead to the proliferation of masts contrary to planning policy. The column will be galvanised, with the aim of blending with the often grey skyline. The proposed development comprises a 25m column designed to support the required electronic communications equipment. The slimline monopole design is commonly used in similar environments as it provides an efficient and compact solution capable of accommodating the necessary apparatus for both operators on a single structure. By consolidating the equipment onto one installation, the proposal minimises the need for additional telecommunications infrastructure, thereby reducing the potential proliferation of masts in accordance with national planning policy. The column has a simple, uncluttered appearance with a relatively small footprint, helping to minimise its visual presence within the surrounding area. It will be finished in a grey colour to assist in blending with the skyline and prevailing environmental backdrop, reducing its prominence when viewed from the surrounding area. Whilst visible, the proposal represents a proportionate and functional design that balances operational requirements with visual considerations. 2.3 The ground-based equipment cabinets are to be light grey RAL7035 to match the column thereby minimising the visual impact on the area. The equipment will require maintenance consisting of approximately one site visit by engineers once every 3-6 months (likely 2-3 times maximum per year). Page 23
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Cell No. 93845 LPA Ref: 25/01573/PP 6 2.4 The location of the site is indicated in the drawings forming part of this Local Review and as submitted to the Council for prior full planning permission. 2.5 It should be noted that this site relates to the NTQ Project as such there is a critical need to replace the existing site As mentioned at present, there is an existing site located at AFAM Services, Dalmaally Road that provides network coverage to the area, however, due to operational reasons it cannot no longer continue to provide coverage nor 5G coverage, there is an urgent requirement to decommission and remove the existing installation. Therefore, a new location for a replacement installation in order to maintain and improve coverage to this area is required. 2.6 The replacement site must be in the same geographical area to ensure that the network coverage is improved effectively. Therefore, the proposal to be assessed in this instance is for a 25m column and associated supporting apparatus will be located on land at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And Bute, PA32 8XD. Page 24
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Cell No. 93845 LPA Ref: 25/01573/PP 7 Local Review Site Description 2.7 The application site is located at the Inveraray Shinty Clubhouse, situated off Dalmally Road on the northern approach to Inveraray, Argyll and Bute (grid reference E: 209343, N: 708563). The site lies within the grounds of the Inveraray Castle Gardens and designated landscape, a nationally significant designed setting that contributes strongly to the character and historic context of the town. It is also within proximity but located outside of the Inveraray Conservation Area. The clubhouse is positioned adjacent to established playing fields and recreational land, with open views towards the surrounding wooded policies and the wider scenic backdrop of Loch Fyne and the surrounding hills. Access to the site is taken directly from Dalmally Road (A819), which forms a key route into Inveraray from the north. The immediate area has a predominantly rural and parkland character, with scattered woodland, open grassed areas, and designed estate features forming part of the wider Inveraray Castle landscape setting Additionally, the presence of the existing telecommunications mast within existing site at AFAM Services, Dalmaally Road is due to be decommissioned due to operational reasons and replaced by this proposal, provides an existing context for telecommunications equipment within the general locale. The relocated site is circa 115m west of the existing infrastructure. The topography of the site location and surrounding areas is such that the land elevation at the proposed development location is circa 60m. 2.8 The proposed 25m column has been selected as the most appropriate design for this location, providing a simple and compact form capable of accommodating the required telecommunications equipment on a single structure. The slimline profile and limited footprint minimise its visual presence within the surrounding landscape, whilst the grey finish will assist in reducing its prominence against the often overcast skyline. Although the site is situated within the Inveraray Castle Gardens and Designed Landscape and in close proximity to the Inveraray Conservation Area, the proposal has been carefully designed to minimise visual impact as far as practicable. Existing tree belts to the west will provide a natural backdrop and, where available, partial screening of the structure and associated equipment, helping the development to assimilate into its surroundings. Furthermore, the site lies adjacent to, but outside, the West Loch Fyne (Coast) Local Landscape Area, and the combination of existing vegetation, Page 25
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Cell No. 93845 LPA Ref: 25/01573/PP 8 topography and intervening built form limits the extent of views from surrounding sensitive receptors. 2.9 In addition to the above, the proposal will be viewed within the context of existing infrastructure and development in the surrounding area, including the adjacent highway corridor and associated street furniture. These existing elements provide a functional setting for the proposed telecommunications installation, ensuring that the column does not appear visually isolated or incongruous within the wider landscape. Whilst the surrounding designated landscape is recognised for its historic and scenic significance, the proposal has been sited to minimise its effect on the character and appearance of the area whilst delivering essential digital infrastructure. 2.10 The height of the proposed 25m column has been kept to the minimum necessary to meet the operational requirements of the telecommunications network and to provide the required coverage to the local area. A lower structure would not achieve the necessary coverage objectives and could result in the need for additional installations elsewhere, leading to unnecessary infrastructure proliferation. The proposal has therefore been designed to balance operational requirements with visual considerations. The installation will support modern electronic communications infrastructure, including 4G and 5G services, whilst also forming part of the network that underpins the Emergency Services Network (ESN), ensuring resilient and reliable communications for the emergency services as well as improved connectivity for residents, businesses and visitors. Page 26
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Cell No. 93845 LPA Ref: 25/01573/PP 9 3.0 Background to EE’s Requirements: Need for the Site; Alternative Sites Evaluation, and Health & Safety Issues Need for the site 3.1 The requirement for a replacement mobile telecommunications base station to provide network coverage to Inveraray is the result of the impending decommissioning and removal of the existing EE installation at AFAM Services, Dalmally Road, which has historically provided coverage to the area. Due to operational reasons, the existing installation can no longer continue to provide the required level of service and is unable to accommodate the operator's ongoing network requirements, including the provision of 5G services. Consequently, there is an urgent requirement to replace the existing installation in order to maintain existing coverage, improve network performance and support the Emergency Services Network (ESN). It is also of note that the operator previously secured planning permission for a replacement telecommunications installation at Inveraray Depot under planning application reference 21/02463/PP. However, despite planning permission being granted, the operator has been unable to implement that consent due to legal constraints relating to the site. As a result, the approved development cannot be progressed and an alternative replacement location is required. The replacement installation must be located within the same geographical area to ensure that existing network coverage is maintained and enhanced, whilst addressing the coverage deficit that would result from the removal of the existing site. Following a comprehensive site search and technical assessment, the proposed location at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll and Bute, PA32 8XD has been identified as the most suitable and deliverable option. The proposal therefore comprises the installation of a 25m telecommunications column and associated supporting apparatus to provide resilient 4G and 5G coverage to the surrounding area, including connectivity for the Emergency Services Network. 3.2 A total of 26 alternative siting and design options were considered to provide this replacement coverage, but duly discounted as unavailable or less desirable in terms of integration into their environment when compared to the Local Review proposal. The alternative options considered were: Page 27
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Cell No. 93845 LPA Ref: 25/01573/PP 10 1. Fire Station Tower RT - Approx. NGR: 209452, 708571 This structure would not be suitable to accommodate the additional load of the telecoms apparatus. 2. Fire Station GF - Approx. NGR: 209460, 708565 This site would have ICNIRP issues due to the adjacent fire station tower. 3. Inveraray Co-op GF – Approx. NGR: 209393, 708281 Could not get sufficient dish link at this location to support other rural sites around Inveraray. 4. Dalmally Road SW - Approx. NGR: 209373, 708670 This site would have too great a visual impact on the area due to street furniture of significantly less height and lack of natural screening. 5. Bell Tower RT - Approx. NGR: 209468, 708451 This site was discounted as no stealth design could be implemented which would mitigate the visual impact given the building listing. 6. The Avenue SW - Approx. NGR: 209524, 708453 This site would have too great a visual impact on the area due to street furniture of significantly less height and lack of natural screening. 7. Land South of Dalmally Road 2 - Approx. NGR: 209113, 708291 This site would require a very high/ bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 8. Land South of Dalmally Road - Approx. NGR: 209224, 708487 This site would have too great a visual impact on the area due to the openness of the site and lack of natural screening. 9. Inveraray Primary School - Approx. NGR: 209412, 708455 This site would have too great a visual impact on the area due the lack of vertical structures to mitigate the visual impact and lack of natural screening. 10. Cameron Auto Repairs GF - Approx. NGR: 209099, 708124 The site is too far to the southwest of the search area to provide the required coverage to the target area. 11. The Inveraray Inn RT - Approx. NGR: 209551, 708592 The building is not suitable to host the apparatus due to the pitched roof Page 28
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Cell No. 93845 LPA Ref: 25/01573/PP 11 design. 12. Town House RT - Approx. NGR: 209632, 708561 The building is not suitable to host the apparatus due to the pitched roof design. 13. Main Street SW - Approx. NGR: 209655, 708544 This site would have too great a visual impact on the area due the lack of tall street furniture to mitigate the visual impact and lack of natural screening. 14. Front Street CP - Approx. NGR: 209667, 708565 This site would have too great a visual impact on the area due the lack of tall street furniture to mitigate the visual impact and lack of natural screening. 15. Inveraray Castle RT - Approx. NGR: 209589, 709243 This site is too far to the north of the search area to provide the required coverage to the target area. 16. Land off Upper Avenue - Approx. NGR: 209076, 708696 This site is too far to the west of the search area to provide the required coverage to the target area. 17. Inveraray Parish Church RT - Approx. NGR: 209591, 708422 This site was discounted as no stealth design could be implemented which would mitigate the visual impact. 18. Inveraray Jail RT - Approx. NGR: 209650, 708393 This site was discounted as no stealth design could be implemented which would mitigate the visual impact. 19. George Hotel RT - Approx. NGR: 209567, 708347 The building is not suitable to host the apparatus due to the pitched roof. 20. Inveraray Coach Park GF - Approx. NGR: 209402, 708701 This site would require a very high/bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 21. Inveraray TE - Approx. NGR: 209356, 708586 Unable to agree to a location on the property that works for all parties. Page 29
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Cell No. 93845 LPA Ref: 25/01573/PP 12 22. Spoil Heap VF SS - Approx. NGR: 209178, 708304 This site would have to be significantly developed to accommodate both EE and Vodafone. This would require a very high/bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 23. Upper Riochan Factory GF – Approx. NGR: 209047, 708115 The site is too far to the southwest of the search area to provide the required coverage to the target area. 24. Barn Brae SW – Approx. NGR: 209282, 707959 Radio confirmed this site would not work from a coverage perspective. 25. Inveraray Co-op CP 2 – Approx. NGR: 209358, 708269 This location was not supported by the landowner and current location was agreed. 26. Inveraray Depot GF – Approx. NGR: 209388, 708467 The operator previously progressed a site at Inverary Depot under planning application ref: 21/02463/PP however the operator cannot impose the planning approval and proceed to build due to legal issues as such this location cannot be progressed. Page 30
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Cell No. 93845 LPA Ref: 25/01573/PP 13 The discounted sites that were identified as potential sites are shown on the map below: Page 31
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Cell No. 93845 LPA Ref: 25/01573/PP 14 Health & Safety Issues 3.3 The relevant statement of ICNIRP compliance for the Local Review proposal was submitted as part of the application and as required the Council’s planning officers did not consider this matter as part of their determination of the proposal. 3.4 As the emissions from the Local Review proposal will meet the International Commission for Non-Ionizing Radiation Protection (ICNIRP) guidelines, as recommended by the Stewart Report, in accordance with the relevant guidance it should not be necessary to consider health effects further. Site Summary 3.9 In summary, the site search has been extensively undertaken to establish the optimum siting and design for a new base station, whilst respecting the nature and character of the area and minimising environmental impact, as far as technologically feasible. The following section will outline the local and national policy context against which the Local Review proposal should be assessed. This assessment is contained in Section 5 of this statement. Page 32
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Cell No. 93845 LPA Ref: 25/01573/PP 15 4. Planning Policy Framework 4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, the determination of planning applications are to be made in accordance with the Development Plan unless material considerations indicate otherwise. National Planning Framework 4 was formally adopted on the 13th of February 2023 and is now part of the statutory Development Plan. NPF4 provides the national planning policy context for the assessment of all planning applications. The adopted The Argyll and Bute Local Development Plan 2 was adopted on 28th February 2024, and replaces the Argyll and Bute Local Development Plan 2015 and its associated Supplementary Guidance (March 2016), and Supplementary Guidance 2 (December 2016). National Planning Guidance 4.2 Planning National Planning Policy Scottish Planning Policy (SPP) and the National Planning Framework 4 (NPF4) superseded NPPG 19. This document condenses the advice outlined previously although the broad principles of promoting the expansion of electronic communications networks remains the same: National Planning Framework 4 (NPF4) The NPF4 was adopted 13th February 2023. It details the Scottish Government’s long-term plan for what Scotland could be in 2045 and will influence planning decisions. The NPF4 encourages LDP’s to support the delivery of digital infrastructure, including fixed line, and mobile connectivity, particularly in areas with gaps in connectivity and barrier to digital access. Policy 24 reads “Development proposals that incorporate appropriate, universal, and future-proofed digital infrastructure will be supported” Part 1– sets out an overarching spatial strategy for Scotland in the future. This includes priorities, spatial principles and action areas. This should be used to guide the preparation of regional spatial strategies, local development plans and local place plans. The strategy is relevant to wider policies and strategies relating to land use. It also sets out aspirations to stimulate green prosperity, stating that natural assets and environmental quality underpin the area’s main economic sectors and must therefore be protected, restored and used sustainably. A flexible approach to planning Page 33
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Cell No. 93845 LPA Ref: 25/01573/PP 16 will help to attract investment, grow and diversify businesses and enable local entrepreneurship, micro enterprises, self-employment and social enterprises to flourish. Remote working can be capitalised on to build economically active local communities. The Plan acknowledges that achieving these aspirations will require the continued roll out of high-quality digital infrastructure and maintenance and decarbonisation of transport routes to wider markets. Part 2– sets out proposed national developments that support the spatial strategy. Policy 14 relates to design, quality and place. It aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Policy 14 states: a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Part 3– sets out policies for the development and use of land which are to be applied in the preparation of local development plans; local place plans; masterplans and briefs; and for determining the range of planning consents. This part should be taken as a whole, and all relevant policies should be applied to each application. Part 3 is also a ‘Planning Policy Handbook’ and covers the following themes: • Sustainable Places (Universal policies) • Liveable Places • Productive Places • Distinctive Places In respect of ‘Digital infrastructure’, NPF4 states ‘We want our all of our places to be digitally connected. Digital connectivity has a central role to play in unlocking the potential of our places and the economy and in opening up more remote parts of Scotland for investment and population growth. This will play an increasingly important role in supporting essential services including healthcare and education. We want to ensure that no areas are left behind by closing the digital divide. The planning system should continue to support the roll-out of digital infrastructure across all of Scotland, Page 34
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Cell No. 93845 LPA Ref: 25/01573/PP 17 ensuring that policies recognise the importance of future-proofing infrastructure provision whilst addressing impacts on local communities and the environment’. Policy 24 relates to ‘Digital Infrastructure’ and states: a) Local development plans should support the delivery of digital infrastructure, particularly in areas with gaps in connectivity and barriers to digital access. b) Development proposals should incorporate appropriate, universal and futureproof fed digital infrastructure. This should be done in consultation with service providers. c) Development proposals that deliver new digital services or provide technological improvements, particularly in areas with no or low connectivity capacity, should be supported. Planning authorities should not question the need for the service to be provided where proposals are clearly aligned with fulfilling the delivery of local or national policy objectives which support the roll-out of digital infrastructure in areas with no or low connectivity where there are benefits of this connectivity for communities and the local economy. d) Development proposals for telecommunications development should be supported where: • the visual and amenity impact of the proposed development has been minimised through careful siting, design and where appropriate landscaping; • it has been demonstrated that all practicable options and alternative sites have been considered, including the possibility of using existing masts, structures and buildings and/or site sharing; • there is no physical obstruction to aerodrome operations, technical sites or existing transmitter/receiver facilities. e) Development proposals that are likely to have an adverse effect on the operation of existing digital infrastructure or on the delivery of strategic roll- out plans should not be supported unless appropriate mitigation measures can be provided. In considering the above, as the proposal would in effect see the relocation and upgrading of an existing telecommunications site within the general Page 35
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Cell No. 93845 LPA Ref: 25/01573/PP 18 locale whereby the council has accepted the general locale as being suitable, on balance, in terms of siting of such equipment and of a suitable design, then given the similar nature of the proposal and its location then there would be little in the way of further consideration in terms of any perceived visual impact from that previously considered appropriate in this instance. Given the relocation of an extant permission and therefore site, while the general local has been considered as being acceptable the proposed site is the closest to that of the existing site practicable in this instance. Furthermore, in this instance there is some existing vegetation to which the revised site would be set behind and would provide some additional screening that would lessen any visual impact/prominence. Scottish Planning Policy 2014 (SPP) Scottish Planning Policy published in June 2014, is a statement of Scottish Government policy on how national important land use planning matters should be addressed across the country. SPP is supplemented by a series of Planning Advice Notes (PANs). Paragraphs 292 – 300 of the SPP relates specifically to Supporting Digital Connectivity, including telecommunications developments. It highlights the importance of our digital infrastructure, across the whole of Scotland, including urban and rural areas and confirms that Scotland’s economy and social networks depend heavily on high-quality digital infrastructure. To facilitate investment across Scotland, planning has an important role to play in strengthening digital communications capacity and coverage across Scotland. The proposed development accords with all these aspects of the NPF4 and SPP in that it will provide the wider area with improved network provision, bringing a range of associated economic and technical benefits. Paragraph 295 of the SPP confirms that Local development plans should provide a consistent basis for decision-making by setting out the criteria which will be applied when determining planning applications for communications equipment. They should ensure that the following options are considered when selecting sites and designing base stations: • mast or site sharing; • installation on buildings or other existing structures; Page 36
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Cell No. 93845 LPA Ref: 25/01573/PP 19 • installing the smallest suitable equipment, commensurate with technological requirements; • concealing or disguising masts, antennas, equipment housing and cable runs using design and camouflage techniques where appropriate; and • installation of ground-based masts. Paragraph 296 confirms that “Local development plans should set out the matters to be addressed in planning applications for specific developments, including: • an explanation of how the proposed equipment fits into the wider network; • a description of the siting options (primarily for new sites) and design options which satisfy operational requirements, alternatives considered, and the reasons for the chosen solution; • details of the design, including height, materials and all components of the proposal; • details of any proposed landscaping and screen planting, where appropriate; • an assessment of the cumulative effects of the proposed development in combination with existing equipment in the area; • a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP guidelines for public exposure to radiofrequency radiation131; and • an assessment of visual impact, if relevant. It is considered that the proposal has address all matters set out in the ‘model’ telecommunications policy. The proposal would result in development that would see the removal of a previously approved telecommunications site location whereby the suitability in terms of siting and appearance has already been established and accepted by the Council. The proposed development will have no significant detrimental or demonstrable effect on the character and appearance of the local to that previously considered acceptable. In assessing applications for telecommunications development, paragraph 298 of the SPP confirms that “Consideration should be given to how Page 37
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Cell No. 93845 LPA Ref: 25/01573/PP 20 proposals for infrastructure to deliver new services or infrastructure to improve existing services will contribute to fulfilling the objectives for digital connectivity set out in the Scottish Government’s World Class 2020 document. For developments that will deliver entirely new connectivity – for example, mobile connectivity in a “not spot” – consideration should be given to the benefits of this connectivity for communities and the local economy”. Paragraph 299 then states that. “All components of equipment should be considered together and designed and positioned as sensitively as possible, though technical requirements and constraints may limit the possibilities. Developments should not physically obstruct aerodrome operations, technical sites or existing transmitter/receiver facilities. The cumulative visual effects of equipment should be taken into account”. The scheme has been designed to ensure that it not only meets the technical requirements but also fully considers the site context and any potential views from outlying areas, which is why the nearest suitable location to the extant permission site is proposed in this instance. Paragraph 300. States that “Planning authorities should not question the need for the service to be provided nor seek to prevent competition between operators. The planning system should not be used to secure objectives that are more properly achieved under other legislation. Emissions of radiofrequency radiation are controlled and regulated under other legislation, and it is therefore not necessary for planning authorities to treat radiofrequency radiation as a material consideration”. The proposal would be consistent with the aims of the SPP in this instance, particularly when considering that the application includes ICNIRP certification confirming that any emissions of radiofrequency radiation are at an appropriate and safe level. Planning Advice Note: PAN 62 Radio Telecommunications PAN 62 refers to Radio Telecommunications and states that the NPPG (now superseded by the SPP and FPF3) considers the general siting and design principles for telecommunications. It states that such development should be undertaken in a manner that minimises environmental impact and should have a sensitive design in both urban and rural areas. Paragraphs 8 – 17 of Planning Advice Note 62: Radio Telecommunications broadly explain how mobile networks operate. Although the operators’ networks are mature, improvements, upgrades and new sites are required Page 38
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Cell No. 93845 LPA Ref: 25/01573/PP 21 for their networks for a number of reasons. For example, to increase capacity in an area of high demand, to provide new or improved network coverage in terms of quality as well as extent, or perhaps to provide coverage over a new development area such as a new housing estate or industrial park. Paragraph 32 identifies two components associated with minimising the contrast between telecommunication equipment and its surrounding as; minimising the contrast between equipment and people’s expectations of a particular scene and minimising the contrast between equipment and its immediate setting of background. For example, a column generally fits the expectations within rural landscapes. Paragraph 33 further identifies ways in which to minimise these contrasts as follows; • select a shape and material appropriate to the character of the area; • keep the shape simple with clean lines, and fit all the elements, such as antennas, cables and ladders within the visual envelope of the basic shape; • develop a composition where the properties seem in proportion and balanced, for example masts that taper to the top are usually more acceptable; • minimise the number of separate visual elements in a base station; and • use regularity, order and symmetry in positioning equipment. Furthermore, para 34 identifies a series of options that should be considered as a guide in selecting the siting and design of telecommunications equipment in order to minimise any resultant visual contrast. The implementation of telecommunications equipment is site-specific and therefore should be considered against the site conditions and coverage capacity requirements in addition to technical constraints and landscape character. The series of options is therefore a guide or checklist rather than a sequence to be rigidly followed. The options are: • installing small scale equipment; • concealing or disguising equipment; Page 39
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Cell No. 93845 LPA Ref: 25/01573/PP 22 • mast sharing; • site sharing; • installing on existing buildings or other structures; and • erecting a new ground based mast. As can be seen from the above, the proposal would result in the removal of an existing site within the area, and the new base station proposed at land at Shinty Clubhouse will remain in an area whereby the acceptability on matters regarding siting and appearance has already been accepted, would be consistent with both the aims of national and local policy. The proposal would therefore be consistent with National policy guidance as set out above. The special operational and technical factors that require specific siting of base stations should be balanced by the need to minimise environmental and visual impact. However, there is now far greater emphasis that visual impact should not override significant radio planning requirements to achieve mobile coverage to a particular area, particularly with the need to support the massively growing and intensifying demand for mobile communications across the UK. 4.15 As can be seen from the above, the National Guidance clearly acknowledges the benefits of modern electronic communications and seeks to encourage such development as being essential due to their role in supporting a modern economy, contributing to sustainable objectives, and enhancing local community access to a range of goods and services. Local planning authorities are advised to respond positively to proposals for electronic communications development and this must include an understanding of the associated special problems and technical needs of developing and upgrading communications networks. Public benefits are defined within the National Guidance and could be anything that delivers economic, social or environmental progress. Benefits do not always have to be visible or accessible to the public in order to be genuine public benefits. The existing telecommunications installation at AFAM Services, Dalmally Road has historically provided network coverage to Inveraray and the surrounding area. However, for operational reasons, the site can no longer Page 40
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Cell No. 93845 LPA Ref: 25/01573/PP 23 meet the operator's network requirements and must be decommissioned and removed. A replacement installation is therefore required to maintain existing coverage, facilitate the rollout of enhanced 4G and 5G services, and ensure continued support for the Emergency Services Network (ESN). The public benefits of the proposal are significant. Should this Local Review be dismissed, the operator would be unable to deliver a replacement installation capable of maintaining the established network coverage currently provided within the locality. This would result in a significant reduction in mobile connectivity for residents, businesses and visitors, with consequential impacts on access to reliable voice and data services, including communications relied upon by the Emergency Services Network. Such an outcome would undermine national planning objectives to support high-quality digital infrastructure and would deprive the local community of enhanced 4G and 5G connectivity, reducing network resilience and capacity in an area where reliable mobile communications are increasingly essential for everyday life, business activity and tourism. Page 41
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Cell No. 93845 LPA Ref: 25/01573/PP 24 Local Planning Policy 4.16 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, the determination of planning applications are to be made in accordance with the Development Plan unless material considerations indicate otherwise. National Planning Framework 4 was formally adopted on the 13th of February 2023 and is now part of the statutory Development Plan. While NPF4 provides the national planning policy context for the assessment of planning applications, the Argyll and Bute Local Development Plan 2. 4.17 As such the following local policies are relevant to the Local Review site: ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2 (February 2024) The following policies are of relevance: Policy 10 – Design: All Development The design of any development must: • Demonstrate an understanding of and appropriate response to the proposed development site and wider context including consideration of character and, where applicable, urban grain; and • Acknowledge the scale, mass and spirit of nearby buildings but steer clear of mimicry and pastiche; and • Incorporate existing and enhancing features where applicable; and • Avoid falsification of period details; and • Use appropriate proportions for building elements and details including, where applicable, massing and fenestration; and • Use materials that are harmonious with the context but embody honesty and legibility of contemporary design; and • Consider the embodied energy and durability of proposed materials; and • Incorporate the use of flood resistant and resilient materials and construction methods. Policy 20 – Gardens and Designed Landscapes Development proposals affecting nationally important Gardens and Designed Landscapes will be supported where they protect, preserve or enhance their cultural significance, character and integrity and where Page 42
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Cell No. 93845 LPA Ref: 25/01573/PP 25 proposals will not significantly impact upon important views to, from and within the site, or its setting. Development proposals should protect and preserve in situ regionally or locally important Gardens and Designed Landscapes and their settings, wherever feasible. All proposals affecting designated or non-designated Gardens and Designed Landscapes or their settings shall be accompanied by an assessment that follows the principles set out in the most up-to-date relevant guidance published by Historic Environment Scotland. In assessing proposals for development in or adjacent to gardens and designed landscapes particular attention will be paid to the impact of the proposal on all of the following: • The artistic, historical, horticultural, architectural, scenic, and nature conservation interest of the site, AND • The site’s original design concept, overall quality and setting, AND • Trees and woodlands and the site’s contribution to local landscape character within the site including the boundary walls, pathways, garden terraces or water features. Policy 44 – Telecommunications There is a presumption in favour of proposals for telecommunications development provided that all the following criteria are met: a) the siting and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area; b) if located on a building, apparatus and associated structures should be sited and designed in order to seek to minimise impact on the external appearance of the host building; c) if proposing a new mast, it should be demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made to the Planning Authority; d) the development should not have an unacceptable impact on areas of ecological interest, Areas of Wild Land, National Scenic Areas, historic gardens and designed landscapes, other areas of landscape importance, the Green Belt, the coast, archaeological sites, conservation areas, areas Page 43
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Cell No. 93845 LPA Ref: 25/01573/PP 26 of townscape quality or buildings of architectural or historic interest. Special care should be exercised in these locations. When considering applications for telecommunications development, the Planning Authority will have regard to the operational requirements of telecommunications networks and the technical limitations of the technology. Applicants will be expected to demonstrate compliance with ICNIRP guidelines. Policy 17 – Conservation Areas Development: There is a presumption against development that does not preserve or enhance the character or appearance of an existing or proposed conservation area or its setting. New development within these areas and on sites affecting their settings must respect the architectural, historic and other special qualities that give rise to their actual or proposed designation and conform to the following national policies and guidance including, but not limited to, those detailed as ‘Related Documents’ under section 4.39 above and the area’s Conservation Area Appraisal and Management Plan (if in place). The developer is expected to satisfactorily demonstrate to the planning authority that the effect of a proposed development on a conservation area and its wider setting has been assessed and that measures will be taken to preserve or enhance the special interest of the area. The use of appropriate design statements, character appraisals and conservation plans are expected to facilitate this assessment. Applications for planning permission in principle will not normally be considered appropriate for proposed development in conservation areas. The contribution which trees make towards the character or appearance of a conservation area will be taken into account when considering development proposals. B. Demolition: Proposals for the total or substantial demolition of a building within or affecting the character or appearance of a conservation area or its setting will be considered as if the structure was listed – as set out in Policy 16 – Listed Buildings (B). Page 44
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Cell No. 93845 LPA Ref: 25/01573/PP 27 Policy 15 – Supporting the Protection, Conservation and Enhancement of Our Historic Built Environment Development proposals will not be acceptable where they fail to: protect, preserve, conserve or enhance the special characteristics and/or cultural significance of the historic built environment in terms of its location, scale, form, design or proposed use; or avoid any cumulative effect upon the special characteristics and/or cultural significance of designated built environment sites. Proposals for development that would affect either a designated or non- designated heritage asset or their setting will be expected to demonstrate that they would enable positive change by balancing the need to secure the long-term sustainability of the asset against the need to address the impacts of climate change and to meet the council’s wider regeneration objectives, where appropriate. Detailed Policies Listed Buildings Listed Buildings, their curtilage structures and their settings make a significant contribution to the character and amenity of Argyll and Bute. They are a valuable resource that can stimulate enjoyment of the wider environment and act as an important medium for education, economic development, recreation and tourism. As such, they must be protected. Listing covers the interior as well as the exterior of the building and extends to its curtilage. Historic Environment Scotland will be consulted on planning applications that would affect a category A listed building or its setting, and on applications for listed building consent for works to category A and B listed buildings, or for a proposal by the planning authority itself affecting a listed building of any category. Where appropriate the planning authority will also seek the views of the Architectural Heritage Society of Scotland and Architecture Design Scotland. In the event of the planning authority being minded to grant consent for the demolition (in whole or part) of a listed building it will notify Historic Environment Scotland (HES) at least 3 months prior to the start of the works, to allow for adequate recording of the listed building and its features and context. Once a listed building has been demolished the planning authority will notify Historic Environment Scotland. Page 45
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Cell No. 93845 LPA Ref: 25/01573/PP 28 5.0 Grounds of Review 5.1 The Appellant respectfully submits that the Planning Authority erred in refusing planning permission for the proposed telecommunications installation. The refusal is based on the conclusion that the development would adversely impact the visual amenity, character and appearance of the surrounding area and the historic environment, contrary to NPF4 Policies 7, 14 and 24 together with LDP2 Policies 15, 17, 20 and 44. 5.2 The Appellant considers that the decision fails to properly balance the limited visual impacts of the proposal against the significant public benefits arising from maintaining and enhancing digital communications infrastructure. Furthermore, insufficient weight has been afforded to the operational and technical requirements of the development, the comprehensive site selection process undertaken, and the exceptional circumstances surrounding the determination of the application. 5.3 The grounds of Review rest on the following matters: 1. The Planning Authority's prolonged delay in determining the application materially prejudiced the Appellant and altered the planning context against which the proposal was assessed. 2. That the Planning Authority afforded disproportionate weight to the perceived visual and heritage impacts of the proposal. 3. Insufficient weight has been given to the operational need and public benefits associated with the proposal. 4. The Appellant has demonstrated that the proposed location represents the only suitable, available and deliverable site capable of meeting the operational requirements of the network. Page 46
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Cell No. 93845 LPA Ref: 25/01573/PP 29 Ground 1 – The Planning Authority's Delay Materially Prejudiced the Application 5.4 The Appellant considers that significant weight should be attached to the exceptional delay experienced during the determination of this application. The application was submitted on 17 September 2025 yet was not determined until 9 July 2026, representing a determination period of almost ten months. This is substantially longer than the statutory determination period for planning applications and significantly exceeds the timeframe within which applicants are entitled to expect a planning decision. 5.5 Throughout the determination process the Appellant made repeated attempts to progress the application and sought updates from the Planning Authority regarding the outstanding determination. As the delay continued, the Appellant expressly raised concerns that the prolonged determination period was materially altering the planning circumstances against which the proposal would ultimately be assessed. 5.6 The Appellant specifically advised the Planning Authority that withdrawal of the application was neither appropriate nor justified and requested that the application continue to determination on its planning merits. In correspondence to the Planning Officer, the Appellant explained that the application had already been under consideration for approximately seven months and that continued delay risked fundamentally prejudicing the assessment. 5.7 The Appellant also expressly highlighted that, at the time the application was submitted, the adjacent residential development under planning reference 24/00823/PP had not been determined. Consequently, had the Planning Authority determined the application within a reasonable period, the approved housing development would not have formed part of the planning context. The Appellant therefore advised the Planning Authority that: "the applicant is concerned that the significant delay in determination has resulted in a change to the planning context which is now being relied upon in the assessment of the proposal. In our view, this creates a situation where the applicant is being prejudiced by the Planning Authority's delay, and the planning balance is being artificially shifted post- submission." This concern was clearly communicated before the application was determined. Page 47
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Cell No. 93845 LPA Ref: 25/01573/PP 30 5.8 Despite these concerns being raised directly with the Planning Authority, the application remained undetermined for several further months. 5.9 When the application was eventually determined, the Planning Authority's assessment had materially changed as a consequence of planning circumstances that did not exist when the application was originally submitted. 5.10 The Officer's Report places considerable emphasis upon the approved residential development and the future aspirations for the wider Area for Action, concluding that the proposal would conflict with those aspirations and adversely affect the future character of the locality. 5.11 Whilst it is accepted that planning applications are generally determined having regard to the planning circumstances existing at the date of determination, it is respectfully submitted that the Local Review Body should give careful consideration to the fact that these changed circumstances arose solely because of the Planning Authority's own delay. 5.12 The Appellant had no ability to influence or control the speed with which the application was determined and should not be materially disadvantaged because the Planning Authority failed to determine the application within a reasonable timeframe. 5.13 Indeed, had the application been determined within the statutory determination period, the adjacent housing approval would not have been a material consideration and many of the concerns subsequently expressed by Officers regarding the future residential environment would simply not have arisen. 5.14 The Planning Authority's own reasoning illustrates the significance afforded to this altered planning context. 5.15 The Officer concludes that the proposal would fail to integrate with the future aspirations for the locality and that the telecommunications installation would have an unacceptable effect upon the wider character of the area, relying upon planning circumstances which were fundamentally different from those existing at the date of submission. 5.16 The Appellant respectfully submits that this has resulted in an inherently unfair planning balance. Page 48
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Cell No. 93845 LPA Ref: 25/01573/PP 31 5.17 Rather than assessing the proposal principally against the circumstances existing when the application was made, substantial reliance has been placed upon planning changes that occurred only because the application remained undetermined for almost ten months. 5.18 The Planning Authority was fully aware of the Appellant's concerns regarding prejudice arising from delay. 5.19 Those concerns were not speculative; they identified precisely the issue which ultimately became central to the refusal. 5.20 Despite this, the application continued to remain undetermined until those planning circumstances had changed. 5.21 The Local Review Body is therefore respectfully invited to recognise that the procedural history of this application is highly unusual and represents an important material consideration when assessing the overall planning balance. 5.22 This ground is not advanced on the basis that delay alone renders the refusal unreasonable or invalid. 5.23 Rather, it is advanced because the delay materially altered the planning context against which the proposal was assessed and resulted in considerable weight being afforded to planning circumstances which did not exist when the application was submitted. 5.24 The Appellant respectfully submits that this is a significant factor which weighs in favour of allowing the Local Review and should be taken into account alongside the substantive planning merits of the proposal. Ground 2 – The Planning Authority Has Afforded Disproportionate Weight to the Perceived Visual and Heritage Impacts of the Proposal and Failed to Properly Apply NPF4 Policy 24 5.25 The sole reason for refusal relates to the Planning Authority's conclusion that the proposal would have an unacceptable impact upon the visual amenity, character and appearance of the surrounding area and would adversely affect the historic environment, contrary to the provisions of NPF4 Policies 7, 14 and 24 together with LDP2 Policies 15, 17, 20 and 44. The refusal reason states: Page 49
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Cell No. 93845 LPA Ref: 25/01573/PP 32 "This proposed installation of a telecommunication equipment compound and mast is considered contrary to the provisions of NPF4 Policy 24 (e)(i) (Digital Infrastructure) and LDP2 Policy 44 (a) & (d) (Telecommunications) as it is considered that the proposal would have an adverse impact on the visual amenity, character and appearance of the surrounding area and would adversely impact on the Historic Environment..." 5.26 Whilst the Appellant accepts that the proposal will inevitably introduce a new vertical structure into the landscape, it is respectfully submitted that the Planning Authority has failed to adequately demonstrate why the identified impacts are of such significance that they outweigh the substantial public benefits arising from the proposal. 5.27 Throughout the Officer's assessment considerable emphasis is placed upon the proposal's relationship with the surrounding historic environment, including the Inveraray Castle Designed Landscape, Conservation Area and the wider Area for Action. However, the assessment provides only limited explanation as to why the proposal would result in unacceptable harm, instead reaching a broad planning judgement that the proposal would conflict with the aspirations for the area. 5.28 It is submitted that this conclusion does not fully reflect the existing character of the locality. 5.29 The Local Review site is not located within an undeveloped rural landscape, but within an area containing a number of established built features and infrastructure including the Shinty Club, associated parking areas, the Roads Depot and existing transport infrastructure. The proposal therefore forms part of an already developed edge of settlement rather than introducing telecommunications infrastructure into an isolated or undeveloped landscape. 5.30 The Planning Authority also appears to have afforded considerable weight to future aspirations for the area rather than the existing character of the site and its surroundings. 5.31 Whilst future development proposals are capable of being material considerations, planning decisions must nevertheless be based upon a balanced assessment of the proposal within its actual context. In this instance, the proposed mast would occupy a relatively small operational compound and would not sterilise surrounding land or prevent the implementation of adjoining development proposals. 5.11 Accordingly, it is considered that the Planning Authority has overstated the Page 50
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Cell No. 93845 LPA Ref: 25/01573/PP 33 degree to which the proposal would undermine the wider objectives for the area. 5.12 Importantly, the Officer's assessment acknowledges that the proposal has sought to minimise its impacts through careful siting and design. 5.13 The application was accompanied by detailed supporting information demonstrating that the location had been selected following an extensive search of alternative sites and that the proposed height represented the minimum necessary to achieve the required operational coverage and microwave transmission path. 5.14 Rather than engaging in detail with this evidence, the Planning Authority has simply concluded that the proposal would remain unacceptable due to its visual presence. The Appellant respectfully submits that this does not represent the balanced assessment required by NPF4 Policy 24. 5.15 NPF4 Policy 24 is not a policy which seeks to prevent the provision of telecommunications infrastructure where it is visible. 5.16 On the contrary, the policy recognises the importance of modern digital infrastructure and requires proposals to minimise environmental impacts whilst recognising the technical and operational requirements associated with electronic communications development. 5.17 By their very nature, telecommunications installations must extend above surrounding buildings and vegetation in order to function effectively. Complete visual screening is therefore rarely achievable, particularly where a clear line of sight is required for microwave transmission and effective radio coverage. 5.18 The fact that infrastructure is visible should not, in itself, lead to the conclusion that it is unacceptable. 5.19 The Appellant considers that the Planning Authority has effectively treated visibility as synonymous with unacceptable harm. 5.20 No meaningful consideration has been given to the extent to which the proposal has sought to minimise its visual effects through its siting, design and location. Page 51
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Cell No. 93845 LPA Ref: 25/01573/PP 34 5.21 The proposed 25-metre monopole represents the minimum height capable of maintaining the required operational functionality. The height has not been selected arbitrarily, but is dictated by the surrounding topography, mature tree cover and the requirement to achieve a clear line of sight to the wider telecommunications network. 5.22 Reducing the height of the structure would fundamentally compromise its operational effectiveness and prevent the infrastructure from fulfilling its intended purpose. 5.23 Similarly, insufficient consideration has been given to the fact that telecommunications infrastructure forms an established and essential component of modern infrastructure. 5.24 National planning policy recognises that advanced digital communications infrastructure is fundamental to economic growth, social inclusion and public safety. 5.25 Whilst visual impacts are clearly material considerations, these impacts must be assessed alongside the acknowledged public benefits arising from maintaining resilient mobile communications. 5.26 In this instance, the Planning Authority has identified visual harm but has provided only limited analysis as to why those impacts are considered sufficient to outweigh the significant benefits arising from maintaining and enhancing digital connectivity within Inveraray. 5.27 The Appellant further notes that no statutory consultee objected to the proposal. Neither Historic Environment Scotland, Roads, Environmental Health nor NatureScot raised objections which would indicate that the proposal would result in unacceptable impacts requiring refusal. The absence of technical objection is significant. It demonstrates that the refusal ultimately rests upon the Planning Authority's planning judgement regarding visual impact rather than any identified technical, environmental or operational deficiency. Page 52
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Cell No. 93845 LPA Ref: 25/01573/PP 35 5.28 The Appellant respectfully submits that the Planning Authority has therefore afforded disproportionate weight to the perceived visual effects of the proposal whilst giving insufficient weight to the operational evidence submitted in support of the application and the wider policy support for improved digital infrastructure contained within NPF4. When viewed in its proper planning context, the proposal represents a carefully considered replacement telecommunications installation required to maintain an established communications network. It has been designed to minimise environmental effects as far as reasonably practicable whilst meeting the operational requirements of the network. The Appellant therefore considers that the proposal accords with the objectives of NPF4 Policy 24 and that the Planning Authority has erred in concluding that the limited visual impacts identified justify withholding planning permission. The approach adopted by the Planning Authority is also inconsistent with the approach taken by Reporters in a number of Scottish telecommunications Local Reviews, where it has consistently been recognised that telecommunications infrastructure will inevitably be visible within the landscape and that visibility alone does not justify refusal. Scottish Local Review decisions have repeatedly confirmed that modern electronic communications infrastructure is an essential component of national infrastructure and that proposals should be assessed through an appropriate balancing exercise, weighing any identified landscape or visual impacts against the significant public benefits arising from maintaining and improving digital connectivity. In particular consistently recognised that telecommunications infrastructure, by its very nature, must project above surrounding buildings and vegetation in order to function effectively. Consequently, complete screening is rarely achievable and should not be regarded as the benchmark against which proposals are assessed. Instead, the relevant consideration is whether environmental impacts have been minimised as far as reasonably practicable whilst enabling the operational objectives of the development to be achieved. This approach closely reflects the objectives of NPF4 Policy 24, which expressly supports the expansion of digital infrastructure whilst requiring proposals to minimise environmental impacts. The policy does not require Page 53
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Cell No. 93845 LPA Ref: 25/01573/PP 36 telecommunications infrastructure to be invisible, nor does it establish that any identifiable visual impact should automatically outweigh the acknowledged public benefits arising from enhanced digital connectivity. The Appellant respectfully submits that the Planning Authority has effectively elevated visual impact above all other material considerations. In doing so, insufficient regard has been given to the wider policy support for digital infrastructure contained within NPF4, the extensive operational justification submitted with the application, and the significant public benefits arising from maintaining resilient communications infrastructure for residents, businesses and emergency services. Accordingly, the Planning Authority has failed to undertake the balanced assessment envisaged by Policy 24, resulting in a conclusion that is neither proportionate nor consistent with the overall objectives of national planning policy. Ground 3 – Insufficient Weight Given to Operational Need and Public Benefits 5.29 The Planning Authority accepts that the proposal is required to provide replacement telecommunications infrastructure. However, whilst the operational need for the development is acknowledged, the Appellant respectfully submits that this has been afforded insufficient weight within the overall planning balance. 5.30 The Local Review proposal does not represent speculative infrastructure intended to improve an already adequate level of service. Rather, it seeks to replace an established telecommunications installation which has been lost as a consequence of redevelopment and is essential to maintaining continuity of coverage within Inveraray and the surrounding area. Without the provision of a suitable replacement site, the operator will experience a significant degradation in network coverage and capacity, adversely affecting existing customers together with the future resilience of the network. 5.31 The supporting information submitted with the application clearly demonstrates that the proposed development has been driven by operational necessity rather than convenience. The existing telecommunications installation has been decommissioned and can no longer continue to serve the area. Accordingly, a replacement site is required within a tightly constrained search area in order to replicate the Page 54
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Cell No. 93845 LPA Ref: 25/01573/PP
37
existing coverage footprint whilst maintaining connectivity to the wider
network.
The proposal has therefore been designed specifically to restore an
established level of service rather than introduce telecommunications
infrastructure into an area where no operational requirement exists.
The Planning Authority's assessment appears to accept that there is an
operational requirement for replacement infrastructure but concludes that
the visual impacts outweigh the benefits of the proposal. In the Appellant's
view, this conclusion gives insufficient consideration to the significant public
benefits arising from maintaining resilient electronic communications
infrastructure.
5.32 NPF4 recognises that modern digital connectivity is fundamental to
Scotland's economic growth, public safety and social wellbeing. Electronic
communications infrastructure now underpins a wide range of essential
services, including business operations, education, healthcare, tourism,
emergency response and everyday communication. The continued
expansion and resilience of mobile networks therefore represents an
important component of national infrastructure.
The proposal would facilitate the continued provision of enhanced 4G and
5G services together with supporting infrastructure for the Emergency
Services Network ("ESN"). These benefits extend significantly beyond the
commercial interests of the operator and provide clear public benefits for
residents, businesses and visitors.
The importance of resilient mobile connectivity has become increasingly
evident in recent years. Access to reliable digital infrastructure supports
economic activity, enables remote working, facilitates access to public
services and contributes to community resilience, particularly within rural
and semi-rural communities such as Inveraray.
These public benefits attract substantial weight within the planning balance.
The Planning Authority also appears to have afforded limited weight to the
technical evidence submitted in support of the application.
5.33 The accompanying technical information explains that the proposed 25-
metre height represents the minimum height necessary to achieve the
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Cell No. 93845 LPA Ref: 25/01573/PP 38 required operational coverage whilst maintaining the essential microwave transmission path to the wider network. This height has not been selected arbitrarily. Rather, it reflects the technical constraints associated with the surrounding topography, mature tree cover and the requirement to achieve an uninterrupted line of sight. Radiofrequency propagation is governed by physical constraints. Unlike many other forms of development, telecommunications infrastructure cannot simply be reduced in height or repositioned without compromising its operational effectiveness. The proposed installation therefore reflects the minimum engineering solution capable of delivering the required network performance. The Appellant further notes that the proposal has been carefully designed to minimise its environmental effects whilst maintaining operational functionality. The siting of the compound, the selection of a slimline monopole and the positioning of the installation within the identified search area all demonstrate a conscious effort to reduce visual impacts wherever reasonably practicable. NPF4 Policy 24 requires that environmental impacts are minimised. It does not require the elimination of all visual effects, nor does it require operators to compromise the operational functionality of the network in order to achieve complete visual integration. The proposal therefore satisfies the fundamental objectives of the policy. 5.34 It is also relevant that no statutory consultee objected to the proposal on technical or operational grounds. Historic Environment Scotland, NatureScot, Environmental Health and Roads all raised no objection to the development. Consequently, the refusal rests solely upon the Planning Authority's planning judgement regarding landscape and visual impacts rather than any identified technical deficiency or unacceptable environmental effect identified by specialist consultees. This absence of technical objection further reinforces the conclusion that the proposal has been appropriately designed and that the principal issue before the Local Review Body is one of planning balance rather than technical acceptability. Page 56
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Cell No. 93845 LPA Ref: 25/01573/PP 39 The Appellant respectfully submits that the Planning Authority has failed to attach appropriate weight to the substantial public benefits arising from the proposal. Without a replacement installation, existing network coverage within Inveraray will be significantly diminished, affecting residents, businesses, visitors and emergency service users alike. The proposal therefore delivers clear social, economic and public safety benefits which extend well beyond the interests of the operator. When these benefits are properly weighed alongside the limited and localised visual impacts identified by the Planning Authority, it is respectfully submitted that the balance falls firmly in favour of granting planning permission. The proposal represents essential infrastructure required to maintain an established communications network and accords with the overarching objectives of NPF4 to support the continued expansion and resilience of Scotland's digital infrastructure. Ground 4 – The Proposed Site Represents the Only Suitable, Available and Deliverable Location 5.35 The Planning Authority concludes that the proposed development would adversely affect the character of the area and conflict with the aspirations for future development. In reaching this conclusion, however, insufficient weight has been afforded to the comprehensive alternative site assessment submitted in support of the application and the considerable operational, technical and legal constraints that influence the siting of telecommunications infrastructure. The Appellant respectfully submits that the Local Review site was not selected as a matter of convenience but represents the culmination of an extensive site selection exercise undertaken in accordance with both national planning policy and established telecommunications industry practice. NPF4 Policy 24 and LDP2 Policy 44 require applicants to demonstrate that the siting of telecommunications infrastructure has been carefully considered and that environmental impacts have been minimised wherever reasonably practicable. Neither policy requires an applicant to demonstrate that every conceivable site has been exhausted, nor do they require the Page 57
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Cell No. 93845 LPA Ref: 25/01573/PP 40 selection of a site that is technically incapable of delivering the operational requirements of the network. Rather, the policy objective is to ensure that proposals achieve an appropriate balance between operational functionality and environmental considerations. The Appellant considers that this balance has been achieved in the present case. 5.36 The application was accompanied by a detailed Alternative Site Assessment which examined the availability and suitability of potential sites within the required search area. Each potential location was assessed against operational requirements, engineering constraints, planning considerations, land availability and deliverability. The assessment demonstrates that the operator has undertaken a comprehensive and robust search for suitable alternatives before selecting the Local Review site. This evidence has not been disputed by the Planning Authority. 5.37 A key consideration throughout the site selection exercise has been the requirement to replicate the coverage currently provided within Inveraray whilst maintaining connectivity to the wider telecommunications network. Unlike many other forms of development, telecommunications infrastructure cannot simply be relocated to any available parcel of land. The location of a base station is dictated by radio propagation modelling, surrounding topography, existing building form, mature vegetation, network integration and microwave transmission requirements. Consequently, the search area available to the operator is inherently constrained. The proposed installation must not only provide effective mobile coverage to the target area but must also maintain the necessary line of sight to the wider network infrastructure. Failure to achieve either objective would prevent the installation from functioning as intended. Page 58
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Cell No. 93845 LPA Ref: 25/01573/PP 41 The proposed 25-metre monopole has been designed to achieve these operational requirements whilst minimising environmental effects as far as reasonably practicable. The submitted technical evidence demonstrates that the proposed height represents the minimum engineering solution capable of overcoming the surrounding mature tree canopy and local topography whilst maintaining the essential microwave link. The Planning Authority has not produced any technical evidence to dispute these conclusions. Nor has it identified an alternative location capable of providing equivalent operational performance whilst resulting in a materially lower environmental impact. Particular consideration has been given throughout the determination process to the former Roads Depot site. The Appellant fully acknowledges that planning permission was previously granted for telecommunications infrastructure at this location under planning application reference 21/02463/PP. However, the existence of an extant planning permission does not, in itself, demonstrate that a site remains available or deliverable. As explained during the determination of the application, the operator is unable to implement that permission owing to legal constraints affecting the site. Accordingly, despite the historic planning approval, the Roads Depot cannot reasonably be regarded as a deliverable alternative. The Appellant expressly advised the Planning Authority of these circumstances during the application process. No evidence has been produced to demonstrate that these legal constraints have been resolved or that the operator is capable of implementing the previously approved scheme. Page 59
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Cell No. 93845 LPA Ref: 25/01573/PP 42 In planning terms, an unavailable site cannot properly be regarded as a reasonable alternative. Deliverability is a fundamental component of site selection. National planning policy seeks the delivery of functioning telecommunications infrastructure rather than theoretical alternatives which cannot be implemented in practice. The Planning Authority's assessment appears to afford limited weight to this distinction. 5.38 The Appellant respectfully submits that the Local Review Body should attach significant weight to the fact that the Local Review site is presently available for development whereas the previously approved Roads Depot site is not. The Planning Authority has also afforded insufficient weight to the practical limitations associated with telecommunications network design. Electronic communications infrastructure must operate as an integrated network rather than as isolated individual sites. Consequently, a replacement installation must occupy a location capable of maintaining continuity of coverage whilst integrating with the existing network architecture. The proposed site satisfies these requirements. Alternative locations examined during the site selection exercise failed to do so for reasons including inadequate coverage, excessive tree obstruction, engineering limitations, insufficient available land, landownership constraints or the inability to secure the necessary line of sight. These are not matters of preference but fundamental operational constraints which directly affect the functionality of the network. It is also important to recognise that the proposed development has been carefully designed to minimise its environmental effects. Page 60
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Cell No. 93845 LPA Ref: 25/01573/PP 43 The chosen location utilises an area adjacent to existing development rather than extending further into the surrounding landscape. The proposed monopole represents the minimum height capable of delivering the required operational performance, and the associated equipment compound has been reduced to the minimum footprint necessary to accommodate the required apparatus. The Appellant has therefore sought to minimise environmental impacts at every stage of the design process. 5.39 In considering the proposal, the Planning Authority has not identified any alternative site which is simultaneously: • operationally capable of providing the required network coverage; • technically capable of maintaining the necessary microwave transmission path; • available to the operator; • legally deliverable; and • demonstrably less harmful in planning terms. Instead, the refusal effectively proceeds on the basis that another site may exist without identifying one capable of satisfying all of these requirements. The Appellant respectfully submits that such an approach is inconsistent with the evidence before the Planning Authority. Having regard to the extensive alternative site assessment, the operational constraints governing telecommunications development and the legal limitations affecting previously considered sites, the Appellant considers that the Local Review proposal represents the only suitable, available and deliverable solution capable of maintaining the existing telecommunications network within Inveraray. 5.40 Accordingly, it is respectfully submitted that the proposal satisfies the requirements of NPF4 Policy 24 and LDP2 Policy 44, having demonstrated that the siting of the development has been carefully considered, environmental impacts have been minimised as far as reasonably practicable, and no preferable deliverable alternative exists. The Local Review Body is therefore respectfully invited to conclude that the Planning Authority has afforded insufficient weight to the comprehensive Page 61
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Cell No. 93845 LPA Ref: 25/01573/PP
44
site selection evidence submitted with the application and that this ground
of Local Review should be upheld.
Ground 5 – The Planning Balance Weighs Decisively in Favour of Granting
Planning Permission
5.41 The Planning Authority's assessment focuses predominantly upon the
perceived landscape and visual impacts of the proposal and concludes that
these impacts outweigh the benefits arising from the development. The
Appellant respectfully submits that this conclusion is based upon an
incomplete planning balance and does not properly reflect either the
objectives of National Planning Framework 4 ("NPF4") or the evidence
submitted in support of the application.
Whilst it is accepted that the proposal will introduce a new
telecommunications installation into the landscape, this is an inevitable
characteristic of electronic communications infrastructure. The relevant
planning question is not whether the proposal will be visible, but whether it
has been appropriately sited and designed to minimise environmental
impacts whilst delivering the substantial public benefits associated with
modern digital infrastructure. It is respectfully submitted that the proposal
satisfies these requirements.
NPF4 recognises that digital communications infrastructure forms an
essential component of Scotland's national infrastructure and is
fundamental to supporting sustainable economic growth, social inclusion
and public safety. Policy 24 is therefore a positive and enabling policy which
seeks to facilitate the expansion of digital infrastructure, provided proposals
have appropriately considered their environmental impacts.
5.42 The Appellant considers that the Planning Authority has placed
disproportionate emphasis upon the environmental effects of the proposal
without giving corresponding weight to the policy support for maintaining
and improving telecommunications infrastructure. In doing so, the Planning
Authority has not undertaken the balanced assessment envisaged by NPF4.
The proposal has been carefully designed to minimise its visual impact as
far as reasonably practicable. The submitted technical evidence
demonstrates that the proposed 25-metre monopole represents the
minimum height capable of achieving the operational objectives of the
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Cell No. 93845 LPA Ref: 25/01573/PP 45 development, including maintaining the required line of sight and overcoming surrounding topographical and vegetative constraints. Similarly, the siting of the installation follows a comprehensive assessment of alternative sites, taking account of operational requirements, planning considerations, engineering constraints, land availability and deliverability. The Appellant has demonstrated that alternative locations were either technically incapable of delivering the required network performance, unavailable for development or subject to legal constraints preventing implementation. Accordingly, the proposal represents the least environmentally harmful solution capable of meeting the operational requirements of the network. 5.43 The Planning Authority has not disputed the operational need for replacement telecommunications infrastructure, nor has it identified any technically suitable and deliverable alternative capable of providing the required level of service. Rather, the refusal is based solely upon the exercise of planning judgement in relation to landscape and visual impacts. The Appellant respectfully submits that this judgement fails to adequately recognise the substantial public benefits arising from the proposal. The development is required to maintain established network coverage within Inveraray following the loss of the existing telecommunications installation. Without the proposed replacement infrastructure, network resilience, coverage and capacity will be adversely affected, resulting in reduced connectivity for residents, businesses, visitors and emergency service users. These are significant material considerations which attract considerable weight within the planning balance. The Planning Authority's assessment must also be viewed in the context of the exceptional delay experienced during the determination of the application. 5.44 As set out under Ground 1, the planning context materially changed during the prolonged determination period through the approval of adjacent residential development. The Appellant expressly raised concerns Page 63
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Cell No. 93845 LPA Ref: 25/01573/PP 46 regarding this issue before the application was determined and highlighted that continued delay would fundamentally alter the planning balance. It is therefore respectfully submitted that the Local Review Body should attach appropriate weight to the procedural history of the application when considering the overall planning balance. The Appellant should not be materially disadvantaged by planning circumstances that arose solely because of the Planning Authority's prolonged delay in reaching a decision. The Appellant further submits that the Planning Authority has failed to demonstrate that the perceived landscape and visual impacts are of such magnitude that they justify refusing development which is otherwise supported by national policy and delivers clear public benefits. 5.45 Whilst the proposed mast will inevitably be visible within the surrounding area, telecommunications infrastructure is, by its very nature, required to project above surrounding development and vegetation in order to function effectively. Visibility alone does not equate to unacceptable planning harm. The proposal has been designed to minimise environmental impacts wherever reasonably practicable whilst maintaining operational functionality, thereby achieving an appropriate balance between technical requirements and environmental considerations. The Appellant respectfully submits that, when all material considerations are assessed collectively, the balance falls firmly in favour of granting planning permission. In particular, significant weight should be afforded to: • the acknowledged operational need for replacement telecommunications infrastructure; • the substantial public benefits associated with maintaining resilient mobile communications and supporting enhanced digital connectivity; • the comprehensive alternative site assessment demonstrating that no preferable deliverable location exists; • the absence of technical objections from statutory consultees; • the measures incorporated into the design to minimise environmental impacts; and • the material prejudice arising from the Planning Authority's prolonged delay in determining the application. Page 64
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Cell No. 93845 LPA Ref: 25/01573/PP 47 Collectively, these considerations significantly outweigh the limited and localised landscape and visual impacts identified by the Planning Authority. 5.46 For the reasons set out throughout this Local Review Statement, the Appellant respectfully submits that the proposed development accords with the objectives of NPF4 Policies 7, 14 and, in particular, Policy 24, together with the relevant provisions of LDP2 when read as a whole. The proposal represents essential digital infrastructure that has been carefully designed and appropriately sited to minimise environmental impacts whilst meeting an identified operational need. The Planning Authority has afforded disproportionate weight to the perceived visual effects of the proposal and insufficient weight to the significant public benefits arising from maintaining and enhancing telecommunications infrastructure. When the planning balance is undertaken correctly, having regard to all material considerations, it is respectfully submitted that the proposal is acceptable in planning terms. Accordingly, the Local Review Body is respectfully requested to allow this Local Review and grant planning permission for the proposed development. Page 65
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Cell No. 93845 LPA Ref: 25/01573/PP 48 6.0 Conclusion 6.1 The determination of telecommunications proposals requires a balanced assessment of both the environmental impacts of the proposed development and the significant public benefits arising from the provision of modern electronic communications infrastructure. National Planning Framework 4 recognises the importance of resilient digital infrastructure in supporting economic growth, public safety, businesses, residents and visitors, whilst also requiring proposals to minimise environmental impacts wherever reasonably practicable. It is therefore essential that all material considerations are afforded appropriate weight when reaching a planning decision.. 6.2 The Appellant respectfully submits that, in this instance, the Planning Authority has failed to undertake the balanced assessment required by NPF4. Whilst the Officer has identified concerns regarding the visual impact of the proposal and its relationship with the surrounding historic environment, insufficient weight has been afforded to the operational and technical requirements of the development, the comprehensive assessment of alternative sites, and the substantial public benefits associated with maintaining and enhancing the electronic communications network. 6.3 The Appellant has demonstrated throughout the application process that the proposed development represents the minimum engineering solution capable of maintaining network coverage within the target area. The proposed height has been dictated by operational necessity and the requirement to achieve a clear line of sight above surrounding topography and vegetation. Furthermore, an extensive assessment of alternative sites confirmed that no other suitable, available and deliverable location exists which would meet the operational requirements of the network whilst resulting in a materially lower environmental impact. 6.4 The Appellant also respectfully submits that considerable weight should be attached to the procedural history of the application. The Planning Authority took almost ten months to determine the application, during which time the Page 66
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Cell No. 93845 LPA Ref: 25/01573/PP 49 planning context materially changed following the approval of adjacent residential development. The Appellant expressly raised concerns during the determination process that continued delay would prejudice the application by altering the planning balance. It is therefore submitted that the proposal has ultimately been assessed against planning circumstances that did not exist when the application was submitted and which arose solely as a consequence of the Planning Authority's prolonged determination period. 6.5 Whilst the proposed telecommunications installation will inevitably be visible within the surrounding area, this is an inherent characteristic of electronic communications infrastructure and should not, in itself, justify refusal. The proposal has been carefully sited and designed to minimise its visual impact as far as reasonably practicable whilst fulfilling the operational requirements of the network. No statutory consultee objected to the proposal, and the refusal rests solely upon the Planning Authority's planning judgement regarding landscape, visual and heritage impacts. 6.6 When all material considerations are assessed collectively, the Appellant respectfully submits that the planning balance weighs firmly in favour of granting planning permission. The proposal would secure the continuation of an established telecommunications network, improve digital connectivity, support residents, businesses and visitors, facilitate the ongoing rollout of enhanced mobile services and deliver wider public benefits that are recognised and supported by national planning policy. These significant benefits outweigh the limited and localised visual impacts identified by the Planning Authority. For the reasons set out throughout this Local Review Statement, the Appellant respectfully requests that the Local Review Body allows this Local Review, overturns the decision of Argyll and Bute Council and grants planning permission for the proposed telecommunications installation. Page 67
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Telent Technology Services Limited Rutland House 5 Allen Road Livingston West Lothian EH54 6TQ Planning and Supporting Statement in respect of Full Planning Application On behalf of EE At INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD. Page 69
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1 Table of Contents 1.0 Proposed Development ............................................................................. 3 2.0 Planning Policy ......................................................................................... 11 3.0 Access ....................................................................................................... 22 4.0 Regulatory Statement .............................................................................. 23 5.0 Health and Safety ..................................................................................... 24 6.0 Conclusions .............................................................................................. 25 Rev Originator Date Name Day/Month/Year 1 Jamaal Hafiz 17/09/2025 © Telent Technology Services Limited Group Town Planning. All rights reserved July 26. This document is expressly provided to and solely for the use of EE Ltd and must not be quoted from, referred to, used by or distributed to any other party without the prior consent of Telent Technology Services Limited Town Planning who accept no liability of whatsoever nature for any use by any other party. P10 Page 70
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2 Introduction This Planning and Supporting Statement has been prepared by Telent Technology Services on behalf of EE Limited. The statement has been prepared in support of the application to install a 25m high swann column crowsnest headframe supporting 3no. antennas, 2no. 600mm transmission dishes, 3no. RRU’s, installation of 2no. equipment cabinets, palisade fenced compound and associated supporting apparatus at land at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And Bute, PA32 8XD. In accordance with the Code of Best Practice on Mobile Network Development and published Government guidance, this proposal was drawn up having regard to the need for good design. This statement sets out the most relevant considerations in respect of the proposed development. This provides context for the proposal, reasoning, technical justification and planning constraints, policy guidance and alternatives. In particular: • Considerations of design and layout are informed by the context, having regard not just to any immediate neighbouring buildings but the townscape and landscape of the wider locality. The local pattern of streets and spaces, building traditions, materials and ecology all help to determine the character and identity of the development. • The scale, massing and height of proposed development have been considered in relation to that of adjoining buildings; the topography, the general pattern of heights in the area; and views, vistas, and landmarks. The following general design principles have been taken into account in respect of this proposed telecommunications development: • A proper assessment of the character of the area concerned. • That the design shows an appreciation of context; Page 71
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3 1.0 Proposed Development 1.1 The Site The proposed 25m column and associated supporting apparatus will be located on land at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And Bute, PA32 8XD. It is of note that the operator previously progressed a site at Inverary Depot under planning application ref: 21/02463/PP however the operator cannot impose the planning approval and proceed to build due to legal issues as such this location cannot be progressed. The application site is located at the Inveraray Shinty Clubhouse, situated off Dalmally Road on the northern approach to Inveraray, Argyll and Bute (grid reference E: 209343, N: 708563). The site lies within the grounds of the Inveraray Castle designated landscape, a nationally significant designed setting that contributes strongly to the character and historic context of the town. The clubhouse is positioned adjacent to established playing fields and recreational land, with open views towards the surrounding wooded policies and the wider scenic backdrop of Loch Fyne and the surrounding hills. Access to the site is taken directly from Dalmally Road (A819), which forms a key route into Inveraray from the north. The immediate area has a predominantly rural and parkland character, with scattered woodland, open grassed areas, and designed estate features forming part of the wider Inveraray Castle landscape setting Additionally, the presence of the existing telecommunications mast within existing site at AFAM Services, Dalmaally Road is due to be decommissioned due to operational reasons and replaced by this proposal, provides an existing context for telecommunications equipment within the general locale. The relocated site is circa 115m west of the existing infrastructure. The topography of the site location and surrounding areas is such that the land elevation at the proposed development location is circa 60m. As mentioned at present, there is an existing site located at AFAM Services, Dalmaally Road that provides network coverage to the area, however, due to operational reasons it cannot no longer continue to provide coverage nor 5G coverage, there is an urgent requirement to decommission and remove the existing installation. Therefore, a new location for a replacement installation in order to maintain and improve coverage to this area is required. The replacement site must be in the same geographical area to ensure that the network coverage is improved effectively. Therefore, the proposal to be assessed in this instance is for a 25m column and associated supporting apparatus will be located on land at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll And Bute, PA32 8XD. Page 72
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4 The image below shows the location of the existing and proposed site locations: - Aerial map showing the existing and proposed site locations 1.2 Application History As highlighted above, the requirement for a replacement mobile phone base station to provide coverage to Inverrary, as a result of the proposed removal of the existing EE site at existing site at AFAM Services, Dalmaally Road. The proposed decommissioning of the existing installation is required following the Landowner’s redevelopment and expansion plans within their land. Therefore, a new location for a replacement installation in this area is required in order to maintain and improve coverage to this area. As previously stated a site at Inverary Depot under planning application ref: 21/02463/PP was progressed and approved however, the operator cannot impose the planning approval and proceed to build due to legal issues as such this location cannot be progressed. The proposed new mast will not only service voice calls but will include provision for 3G/4G and 5G data use which will be of great benefit to all users of the network. As you may be aware, EE have been awarded the contract to provide network services to the Emergency Services, which will operate over EE’s 3G/4G and 5G network and as such, this site will also provide coverage for all the blue light services in this area. Existing Site Location Proposed Site Location Page 73
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5 1.3 The Proposal The proposed development consists of the installation of: • 1 x 25-metre-high swann column with crowsnest headframe • 3 x antennas fixed to headframe • 2 x 0.6m transmission dishes • 1x GPS Node fixed to proposed antenna pole • 1 x ORC Cabinet (600x600x2100) • 1 x MK5B Link AC cabinet (1200x600x1600) • 1 x 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access gate • Other ancillary equipment and cabling The proposed structure will be galvanised and the ground-based equipment cabinets are to be light grey (RAL 7035). The principal components of the proposed development are outlined in the Site-Specific Supplementary Information, and the general layout illustrated on the submitted drawings as part of this application. 1.4 Alternative Site Assessment The information below contains details of the alternative sites that were investigated and discounted when searching for a viable location. These locations were assessed to ascertain whether they would provide the technical and operational requirements necessary for the surrounding area. The search area is particularly restricted by geographical and distance factors, with close proximity to the target coverage area of major importance. As you can see from the map below, there are no existing masts/sites, buildings or structures within the search area suitable to progress. 1. Fire Station Tower RT - Approx. NGR: 209452, 708571 This structure would not be suitable to accommodate the additional load of the telecoms apparatus. 2. Fire Station GF - Approx. NGR: 209460, 708565 This site would have ICNIRP issues due to the adjacent fire station tower. 3. Inveraray Co-op GF – Approx. NGR: 209393, 708281 Could not get sufficient dish link at this location to support other rural sites around Inveraray. 4. Dalmally Road SW - Approx. NGR: 209373, 708670 This site would have too great a visual impact on the area due to street furniture of significantly less height and lack of natural screening. 5. Bell Tower RT - Approx. NGR: 209468, 708451 This site was discounted as no stealth design could be implemented which would mitigate the visual impact given the building listing. 6. The Avenue SW - Approx. NGR: 209524, 708453 Page 74
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6 This site would have too great a visual impact on the area due to street furniture of significantly less height and lack of natural screening. 7. Land South of Dalmally Road 2 - Approx. NGR: 209113, 708291 This site would require a very high/ bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 8. Land South of Dalmally Road - Approx. NGR: 209224, 708487 This site would have too great a visual impact on the area due to the openness of the site and lack of natural screening. 9. Inveraray Primary School - Approx. NGR: 209412, 708455 This site would have too great a visual impact on the area due the lack of vertical structures to mitigate the visual impact and lack of natural screening. 10. Cameron Auto Repairs GF - Approx. NGR: 209099, 708124 The site is too far to the southwest of the search area to provide the required coverage to the target area. 11. The Inveraray Inn RT - Approx. NGR: 209551, 708592 The building is not suitable to host the apparatus due to the pitched roof design. 12. Town House RT - Approx. NGR: 209632, 708561 The building is not suitable to host the apparatus due to the pitched roof design. 13. Main Street SW - Approx. NGR: 209655, 708544 This site would have too great a visual impact on the area due the lack of tall street furniture to mitigate the visual impact and lack of natural screening. 14. Front Street CP - Approx. NGR: 209667, 708565 This site would have too great a visual impact on the area due the lack of tall street furniture to mitigate the visual impact and lack of natural screening. 15. Inveraray Castle RT - Approx. NGR: 209589, 709243 This site is too far to the north of the search area to provide the required coverage to the target area. 16. Land off Upper Avenue - Approx. NGR: 209076, 708696 This site is too far to the west of the search area to provide the required coverage to the target area. 17. Inveraray Parish Church RT - Approx. NGR: 209591, 708422 This site was discounted as no stealth design could be implemented which would mitigate the visual impact. 18. Inveraray Jail RT - Approx. NGR: 209650, 708393 This site was discounted as no stealth design could be implemented which would mitigate the visual impact. 19. George Hotel RT - Approx. NGR: 209567, 708347 The building is not suitable to host the apparatus due to the pitched roof. Page 75
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7 20. Inveraray Coach Park GF - Approx. NGR: 209402, 708701 This site would require a very high/bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 21. Inveraray TE - Approx. NGR: 209356, 708586 Unable to agree to a location on the property that works for all parties. 22. Spoil Heap VF SS - Approx. NGR: 209178, 708304 This site would have to be significantly developed to accommodate both EE and Vodafone. This would require a very high/bulky tower due to the surrounding trees and would have a greater visual impact than that of the proposed. 23. Upper Riochan Factory GF – Approx. NGR: 209047, 708115 The site is too far to the southwest of the search area to provide the required coverage to the target area. 24. Barn Brae SW – Approx. NGR: 209282, 707959 Radio confirmed this site would not work from a coverage perspective. 25. Inveraray Co-op CP 2 – Approx. NGR: 209358, 708269 This location was not supported by the landowner and current location was agreed. 26. Inveraray Depot GF – Approx. NGR: 209388, 708467 The operator previously progressed a site at Inverary Depot under planning application ref: 21/02463/PP however the operator cannot impose the planning approval and proceed to build due to legal issues as such this location cannot be progressed. Page 76
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8 The discounted sites that were identified as potential sites are shown on the map below: In terms of how this information on alternative options should be assessed, the following paragraph from a recent appeal decision 8 should be the starting point: “I note the Council’s reservations regarding the appellants’ list of alternative sites, and to that extent I accept that the appeal site has not been shown conclusively to be the least environmentally damaging option possible. But the National Planning Policy Framework (NPPF) does not support that approach. Given that I have found no significant harm, it is unnecessary to consider other alternatives in any more detail. This appeal decision confirms the approach in the NPPF which provides policy on this matter in three specific ways: • That LPAs should determine applications on planning grounds and should not seek to prevent competition between operators or question the need for the system (para 118)” _______________________ 8 APP/B5480/W/20/3251086 – London Borough of Havering (LPA Ref: M0008.19) 1.5 Local Engagement Please refer to Site Specific Supplementary Information. Page 77
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9 1.6 Additional Justification Emergency Services Network Requirement (ESN): In 2015, EE won the contract from UK Government to deliver a mobile network specifically for all blue-light emergency services across the country to provide a seamless 4G mobile service. The communications system will be critical in improving response times and improving communications between all of the blue-light services and providing critical infrastructure across the length and width of the United Kingdom. EE have committed to add over 500 new 4G sites to accommodate this commitment in that will eventually replace the existing Airwave TETRA radio system. This EE proposal will form part of the new 4G emergency services network and should be considered critical infrastructure within the UK to support the local community in perpetuity. Shared Access – The Benefits of Mobile Technology Mobile phones and other similar communication devices are ubiquitous both for business and personal use. Mobile connectivity is now about fast, secure access to the internet anywhere. People and businesses are increasingly choosing to access the internet using a mobile device, and the numbers doing so are growing, as ownership of internet-enabled devices rises. Smartphones are integral to people’s lives as mobile devices supporting a growing range of functions from communication to navigation, to use as principle sources of news media, cameras, diaries and numerous other functions. Overall, 94% of adults personally own/use a mobile phone with 52.4 million 4G mobile subscriptions. The proportion of adults in the UK with a smartphone has now reached 76% (as of 2017), with 18% of adults living in a mobile phone only home. Increasing coverage and take-up of higher speed 4G services is driving data use. The average volume of data consumed per subscriber per month is now 1.9GB. Page 78
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11 2.0 Planning Policy and Planning Assessment This section sets out the most relevant national and local planning policy concerning the proposed development. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, the determination of planning applications are to be made in accordance with the Development Plan unless material considerations indicate otherwise. National Planning Framework 4 was formally adopted on the 13th of February 2023 and is now part of the statutory Development Plan. NPF4 provides the national planning policy context for the assessment of all planning applications. The adopted The Argyll and Bute Local Development Plan 2 was adopted on 28th February 2024, and replaces the Argyll and Bute Local Development Plan 2015 and its associated Supplementary Guidance (March 2016), and Supplementary Guidance 2 (December 2016). 2.1 General Policies National Planning Policy Scottish Planning Policy (SPP) and the National Planning Framework 4 (NPF4) superseded NPPG 19. This document condenses the advice outlined previously although the broad principles of promoting the expansion of electronic communications networks remains the same: National Planning Framework 4 (NPF4) The NPF4 was adopted 13th February 2023. It details the Scottish Government’s long-term plan for what Scotland could be in 2045 and will influence planning decisions. The NPF4 encourages LDP’s to support the delivery of digital infrastructure, including fixed line, and mobile connectivity, particularly in areas with gaps in connectivity and barrier to digital access. Policy 24 reads “Development proposals that incorporate appropriate, universal, and future- proofed digital infrastructure will be supported” Part 1– sets out an overarching spatial strategy for Scotland in the future. This includes priorities, spatial principles and action areas. This should be used to guide the preparation of regional spatial strategies, local development plans and local place plans. The strategy is relevant to wider policies and strategies relating to land use. It also sets out aspirations to stimulate green prosperity, stating that natural assets and environmental quality underpin the area’s main economic sectors and must therefore be protected, restored and used sustainably. A flexible approach to planning will help to attract investment, grow and diversify businesses and enable local entrepreneurship, micro enterprises, self-employment and social enterprises to flourish. Remote working can be capitalised on to build economically active local communities. The Plan acknowledges that achieving these aspirations will require the continued roll out of high-quality digital infrastructure and maintenance and decarbonisation of transport routes to wider markets. Part 2– sets out proposed national developments that support the spatial strategy. Page 80
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12 Policy 14 relates to design, quality and place. It aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Policy 14 states: a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Part 3– sets out policies for the development and use of land which are to be applied in the preparation of local development plans; local place plans; masterplans and briefs; and for determining the range of planning consents. This part should be taken as a whole, and all relevant policies should be applied to each application. Part 3 is also a ‘Planning Policy Handbook’ and covers the following themes: • Sustainable Places (Universal policies) • Liveable Places • Productive Places • Distinctive Places In respect of ‘Digital infrastructure’, NPF4 states ‘We want our all of our places to be digitally connected. Digital connectivity has a central role to play in unlocking the potential of our places and the economy and in opening up more remote parts of Scotland for investment and population growth. This will play an increasingly important role in supporting essential services including healthcare and education. We want to ensure that no areas are left behind by closing the digital divide. The planning system should continue to support the roll-out of digital infrastructure across all of Scotland, ensuring that policies recognise the importance of future- proofing infrastructure provision whilst addressing impacts on local communities and the environment’. Policy 24 relates to ‘Digital Infrastructure’ and states: a) Local development plans should support the delivery of digital infrastructure, particularly in areas with gaps in connectivity and barriers to digital access. b) Development proposals should incorporate appropriate, universal and futureproof fed digital infrastructure. This should be done in consultation with service providers. c) Development proposals that deliver new digital services or provide technological improvements, particularly in areas with no or low connectivity capacity, should be supported. Planning authorities should not question the need for the service to be provided where proposals are clearly aligned with fulfilling the delivery of local or national policy objectives which support the roll-out of digital infrastructure in areas with no or low connectivity where there are benefits of this connectivity for communities and the local economy. Page 81
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13 d) Development proposals for telecommunications development should be supported where: • the visual and amenity impact of the proposed development has been minimised through careful siting, design and where appropriate landscaping; • it has been demonstrated that all practicable options and alternative sites have been considered, including the possibility of using existing masts, structures and buildings and/or site sharing; • there is no physical obstruction to aerodrome operations, technical sites or existing transmitter/receiver facilities. e) Development proposals that are likely to have an adverse effect on the operation of existing digital infrastructure or on the delivery of strategic roll-out plans should not be supported unless appropriate mitigation measures can be provided. In considering the above, as the proposal would in effect see the relocation and upgrading of an existing telecommunications site within the general locale whereby the council has accepted the general locale as being suitable, on balance, in terms of siting of such equipment and of a suitable design, then given the similar nature of the proposal and its location then there would be little in the way of further consideration in terms of any perceived visual impact from that previously considered appropriate in this instance. Given the relocation of an extant permission and therefore site, while the general local has been considered as being acceptable the proposed site is the closest to that of the existing site practicable in this instance. Furthermore, in this instance there is some existing vegetation to which the revised site would be set behind and would provide some additional screening that would lessen any visual impact/prominence. Scottish Planning Policy 2014 (SPP) Scottish Planning Policy published in June 2014, is a statement of Scottish Government policy on how national important land use planning matters should be addressed across the country. SPP is supplemented by a series of Planning Advice Notes (PANs). Paragraphs 292 – 300 of the SPP relates specifically to Supporting Digital Connectivity, including telecommunications developments. It highlights the importance of our digital infrastructure, across the whole of Scotland, including urban and rural areas and confirms that Scotland’s economy and social networks depend heavily on high-quality digital infrastructure. To facilitate investment across Scotland, planning has an important role to play in strengthening digital communications capacity and coverage across Scotland. The proposed development accords with all these aspects of the NPF4 and SPP in that it will provide the wider area with improved network provision, bringing a range of associated economic and technical benefits. Paragraph 295 of the SPP confirms that Local development plans should provide a consistent basis for decision-making by setting out the criteria which will be applied when determining planning applications for communications equipment. They should ensure that the following Page 82
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14 options are considered when selecting sites and designing base stations: • mast or site sharing; • installation on buildings or other existing structures; • installing the smallest suitable equipment, commensurate with technological requirements; • concealing or disguising masts, antennas, equipment housing and cable runs using design and camouflage techniques where appropriate; and • installation of ground-based masts. Paragraph 296 confirms that “Local development plans should set out the matters to be addressed in planning applications for specific developments, including: • an explanation of how the proposed equipment fits into the wider network; • a description of the siting options (primarily for new sites) and design options which satisfy operational requirements, alternatives considered, and the reasons for the chosen solution; • details of the design, including height, materials and all components of the proposal; • details of any proposed landscaping and screen planting, where appropriate; • an assessment of the cumulative effects of the proposed development in combination with existing equipment in the area; • a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP guidelines for public exposure to radiofrequency radiation131; and • an assessment of visual impact, if relevant. It is considered that the proposal has address all matters set out in the ‘model’ telecommunications policy. The proposal would result in development that would see the removal of a previously approved telecommunications site location whereby the suitability in terms of siting and appearance has already been established and accepted by the Council. The proposed development will have no significant detrimental or demonstrable effect on the character and appearance of the local to that previously considered acceptable. In assessing applications for telecommunications development, paragraph 298 of the SPP confirms that “Consideration should be given to how proposals for infrastructure to deliver new services or infrastructure to improve existing services will contribute to fulfilling the objectives for digital connectivity set out in the Scottish Government’s World Class 2020 document. For developments that will deliver entirely new connectivity – for example, mobile connectivity in a “not spot” – consideration should be given to the benefits of this connectivity for communities and the local economy”. Paragraph 299 then states that. “All components of equipment should be considered together and designed and positioned as sensitively as possible, though technical requirements and constraints may limit the possibilities. Developments should not physically obstruct aerodrome operations, technical sites or existing transmitter/receiver facilities. The cumulative visual effects of equipment should be taken into account”. Page 83
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15 The scheme has been designed to ensure that it not only meets the technical requirements but also fully considers the site context and any potential views from outlying areas, which is why the nearest suitable location to the extant permission site is proposed in this instance. Paragraph 300. States that “Planning authorities should not question the need for the service to be provided nor seek to prevent competition between operators. The planning system should not be used to secure objectives that are more properly achieved under other legislation. Emissions of radiofrequency radiation are controlled and regulated under other legislation, and it is therefore not necessary for planning authorities to treat radiofrequency radiation as a material consideration”. The proposal would be consistent with the aims of the SPP in this instance, particularly when considering that the application includes ICNIRP certification confirming that any emissions of radiofrequency radiation are at an appropriate and safe level. Planning Advice Note: PAN 62 Radio Telecommunications PAN 62 refers to Radio Telecommunications and states that the NPPG (now superseded by the SPP and FPF3) considers the general siting and design principles for telecommunications. It states that such development should be undertaken in a manner that minimises environmental impact and should have a sensitive design in both urban and rural areas. Paragraphs 8 – 17 of Planning Advice Note 62: Radio Telecommunications broadly explain how mobile networks operate. Although the operators’ networks are mature, improvements, upgrades and new sites are required for their networks for a number of reasons. For example, to increase capacity in an area of high demand, to provide new or improved network coverage in terms of quality as well as extent, or perhaps to provide coverage over a new development area such as a new housing estate or industrial park. Paragraph 32 identifies two components associated with minimising the contrast between telecommunication equipment and its surrounding as; minimising the contrast between equipment and people’s expectations of a particular scene and minimising the contrast between equipment and its immediate setting of background. For example, a lattice tower generally fits the expectations within rural landscapes. Paragraph 33 further identifies ways in which to minimise these contrasts as follows; • select a shape and material appropriate to the character of the area; • keep the shape simple with clean lines, and fit all the elements, such as antennas, cables and ladders within the visual envelope of the basic shape; • develop a composition where the properties seem in proportion and balanced, for example masts that taper to the top are usually more acceptable; • minimise the number of separate visual elements in a base station; and • use regularity, order and symmetry in positioning equipment. Furthermore, para 34 identifies a series of options that should be considered as a guide in selecting the siting and design of telecommunications equipment in order to minimise any Page 84
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16 resultant visual contrast. The implementation of telecommunications equipment is site-specific and therefore should be considered against the site conditions and coverage capacity requirements in addition to technical constraints and landscape character. The series of options is therefore a guide or checklist rather than a sequence to be rigidly followed. The options are: • installing small scale equipment; • concealing or disguising equipment; • mast sharing; • site sharing; • installing on existing buildings or other structures; and • erecting a new ground based mast. As can be seen from the above, the proposal would result in the removal of an existing site within the area, and the new base station proposed at land at Shinty Clubhouse will remain in an area whereby the acceptability on matters regarding siting and appearance has already been accepted, would be consistent with both the aims of national and local policy. The proposal would therefore be consistent with National policy guidance as set out above. The special operational and technical factors that require specific siting of base stations should be balanced by the need to minimise environmental and visual impact. However, there is now far greater emphasis that visual impact should not override significant radio planning requirements to achieve mobile coverage to a particular area, particularly with the need to support the massively growing and intensifying demand for mobile communications across the UK. Page 85
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17 2.2 Local Planning Policies Under Section 25 of the Town and Country Planning (Scotland) Act 1997, the determination of planning applications are to be made in accordance with the Development Plan unless material considerations indicate otherwise. National Planning Framework 4 was formally adopted on the 13th of February 2023 and is now part of the statutory Development Plan. While NPF4 provides the national planning policy context for the assessment of planning applications, the The Argyll and Bute Local Development Plan 2. ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2 (February 2024) The following policies are of relevance: Policy 10 – Design: All Development The design of any development must: • Demonstrate an understanding of and appropriate response to the proposed development site and wider context including consideration of character and, where applicable, urban grain; and • Acknowledge the scale, mass and spirit of nearby buildings but steer clear of mimicry and pastiche; and • Incorporate existing and enhancing features where applicable; and • Avoid falsification of period details; and • Use appropriate proportions for building elements and details including, where applicable, massing and fenestration; and • Use materials that are harmonious with the context but embody honesty and legibility of contemporary design; and • Consider the embodied energy and durability of proposed materials; and • Incorporate the use of flood resistant and resilient materials and construction methods. Policy 20 – Gardens and Designed Landscapes Development proposals affecting nationally important Gardens and Designed Landscapes will be supported where they protect, preserve or enhance their cultural significance, character and integrity and where proposals will not significantly impact upon important views to, from and within the site, or its setting. Development proposals should protect and preserve in situ regionally or locally important Gardens and Designed Landscapes and their settings, wherever feasible. All proposals affecting designated or non-designated Gardens and Designed Landscapes or their settings shall be accompanied by an assessment that follows the principles set out in the most up-to- date relevant guidance published by Historic Environment Scotland. In assessing proposals for development in or adjacent to gardens and designed landscapes particular attention will be paid to the impact of the proposal on all of the following: • The artistic, historical, horticultural, architectural, scenic, and nature conservation interest of the site, AND Page 86
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18 • The site’s original design concept, overall quality and setting, AND • Trees and woodlands and the site’s contribution to local landscape character within the site including the boundary walls, pathways, garden terraces or water features. Policy 44 – Telecommunications There is a presumption in favour of proposals for telecommunications development provided that all the following criteria are met: a) the siting and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area; b) if located on a building, apparatus and associated structures should be sited and designed in order to seek to minimise impact on the external appearance of the host building; c) if proposing a new mast, it should be demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made to the Planning Authority; d) the development should not have an unacceptable impact on areas of ecological interest, Areas of Wild Land, National Scenic Areas, historic gardens and designed landscapes, other areas of landscape importance, the Green Belt, the coast, archaeological sites, conservation areas, areas of townscape quality or buildings of architectural or historic interest. Special care should be exercised in these locations. When considering applications for telecommunications development, the Planning Authority will have regard to the operational requirements of telecommunications networks and the technical limitations of the technology. Applicants will be expected to demonstrate compliance with ICNIRP guidelines. Policy 17 – Conservation Areas Development: There is a presumption against development that does not preserve or enhance the character or appearance of an existing or proposed conservation area or its setting. New development within these areas and on sites affecting their settings must respect the architectural, historic and other special qualities that give rise to their actual or proposed designation and conform to the following national policies and guidance including, but not limited to, those detailed as ‘Related Documents’ under section 4.39 above and the area’s Conservation Area Appraisal and Management Plan (if in place). The developer is expected to satisfactorily demonstrate to the planning authority that the effect of a proposed development on a conservation area and its wider setting has been assessed and that measures will be taken to preserve or enhance the special interest of the area. The use of appropriate design statements, character appraisals and conservation plans are expected to facilitate this assessment. Applications for planning permission in principle will not normally be considered appropriate for proposed development in conservation areas. The contribution which trees make towards the character or appearance of a conservation area will be taken into account when considering development proposals. Page 87
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19 B. Demolition: Proposals for the total or substantial demolition of a building within or affecting the character or appearance of a conservation area or its setting will be considered as if the structure was listed – as set out in Policy 16 – Listed Buildings (B). Assessment against Policy It is considered that the proposal has address all matters set out in the ‘model’ telecommunications policy as above. The proposal would result in development that would fit in with the overall site context, not be viewed as being visually incongruous and will not cause any undue harm when viewed from outlying areas including that of the Inveraray Castles designated landscape and nearby Inveraray Conservation Area. The proposed development will have no significant detrimental or demonstrable effect on the character and appearance of the existing site or indeed its setting when considering the immediate and surrounding locale. In assessing applications for telecommunications development, paragraph 298 of the SPP confirms that “Consideration should be given to how proposals for infrastructure to deliver new services or infrastructure to improve existing services will contribute to fulfilling the objectives for digital connectivity set out in the Scottish Government’s World Class 2020 document. For developments that will deliver entirely new connectivity – for example, mobile connectivity in a “not spot” – consideration should be given to the benefits of this connectivity for communities and the local economy”. The mast will provide an essential improvement to the service for the Emergency Services through as well as maintaining coverage loss from an existing site that is to be removed and also improve providing 5G coverage and capacity. Paragraph 299 then states that. “All components of equipment should be considered together and designed and positioned as sensitively as possible, though technical requirements and constraints may limit the possibilities. Developments should not physically obstruct aerodrome operations, technical sites or existing transmitter/receiver facilities. The cumulative visual effects of equipment should be taken into account”. In consideration of the NPF4 and the local development plan, it is our belief that the development proposal meets the requirements of national and local policy whilst having regard to technical and operational factors and maintaining the necessary level of coverage to this area of Inveraray. The scale and design of the telecommunications tower will not detract from the local area given its careful siting on private land that to the further surrounding area contains semi-mature trees that will partially shield the installation from certain vantage points. This would ensure there would be no impact in terms of the amenity of residential properties given the location/We would again reiterate that we believe that we have demonstrated that the telecommunications development, having regards to the technical and operational constraints, has been designed to minimise environmental and visual impacts upon the Inveraray designated landscape and the setting of the Inveraray conservation area through careful sitting and design choices in line with the NPF4 and local policies 10, 17, 20 and 44 of the Argyll and Bute LDP. Page 88
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20 The proposed mast has been specifically selected for deployment due to its design and is regularly positioned away from the built up residential area. The monopole design is of a slimmer appearance to alternative designs that could have been deployed such as lattice towers which would of be significant impact, the monopole is to be a galvanised finish, allowing the mast to assimilate with the existing skyline. The requirement of this design including that of the headframe is to ensure it can host the operators equipment. Furthermore, the design is the safest for supporting antenna at the required height of 25m in this instance, as it is the most structurally sound design when taking into account natural forces such as wind load at this height. It is not therefore considered that the proposal would have any detrimental or demonstrable visual impact in respect of the existing area including the Inveraray designated landscape and the setting of the Inveraray conservation area to any significant degree in line with NPF4 and local policies 10, 17, 20 and 44 of the Argyll and Bute LDP. The application site has been specifically selected to assimilate into the existing character of the area and utilise the nearby vegetation and screening of trees. The proposal complies fully with national planning guidance and as such it is considered to provide the best location from both a technical and town planning view. The equipment cabinets are required to support the monopoles functionality and can be added as permitted development rights under a Regulation 5 notification once the monopole has been approved however for transparency they have been included and form part of the application. Given their height under 2.5m2 they will not be of detrimental impact to the area, given they will be finished in light grey RAL7035. Ultimately, this location is considered to be the optimum location for the installation in terms of both technical and operational needs and minimising environmental impact, in particular landscape and visual impact upon the Inveraray designated landscape and the setting of the Inveraray conservation area. The design of the development proposed is the most environmentally sensitive available to meet the operational needs of the development and, as outlined above, will be in keeping with the character of the wider setting of the local area. As previously stated the existing site is no longer operational as such is to be decommissioned. In consideration of the NPF4 and local development plan, it is our belief that the development proposal meets the requirements of national and local level policies whilst having regard to technical and operational factors and maintaining the necessary level of coverage to Inveraray. Therefore, it is our belief that the wider public benefit in this instance vastly outstrips any perceived visual intrusion and it is our belief that as such locals and associated stakeholders within the council should support this application because of the distinct lack of impact on the wider area whilst according to the policies mentioned within this document that present greater and wider opportunities for locals in this area. Any information required regarding location, height of antennas, frequency etc. can be found in the supporting documents, which are submitted as part of this full planning application. As noted above, an ICNIRP certificate has also been enclosed. We are of the opinion that this proposal is compliant with all relevant planning policy, as noted above, and could therefore be Page 89
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21 supported by your department. In regard to NPF4 and local policies 10, 17, 20 and 44 of the Argyll and Bute LDP it has been demonstrated that the design, the monopole structure proposed has been chosen as this is the most sympathetic within such locations as this, due to its slimline nature allowing onlookers to continue to view surrounding trees through the structure that is required to host essential communications infrastructure. Furthermore, by opting for a galvanised finish to the mast, this will ensure that any potential views of the top of the structure will be the least visually intrusive on the skyline due to the ability of galvanised materials to blend into the sky as far as is practicable. The chosen height of 25m is the lowest possible height that the antenna can be set at to ensure that coverage is maintained to the surrounding area, the mast has been designed to be future proofed as this allows for the possibility of other operators to site-share, along with providing the structural stability for any future upgrading works that may be required as technology continues to advance. Furthermore, in accordance with NPF4 and local policies 10, 17, 20 and 44 of the Argyll and Bute LDP, the siting has made use of the adjacent mature tree belts to provide a natural vertical context and screening/backdrop (depending on the direction of view) for the mast and cabinets, further reducing any potential visual prominence at this location. Page 90
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22 3.0 Access Access requirements both to and around the site should be considered. It must be considered that this site is for telecommunications purposes only. In principal, no access to the cabinets or the mast is allowed and as such access requirements are not considered an issue. 3.1 Construction and Maintenance Access to the site will be taken via the dedicated access route to the site location off the A819. Maintenance visits are required approximately every 3-6 months by an operative with a light vehicle. Consequently, it is not envisaged that access to the site would cause traffic management or other issues. During the construction process all build, and maintenance regulations will be complied with. Proof of compliance can be confirmed closer to the time of construction if necessary. It should be noted that the install of the equipment will be as per the latest NJUG guidelines which will of course consider the proximity of trees in the site area. 3.2 Public Access Radio base stations are not designed to be accessible by the public. The equipment cabinets would always be locked and only accessible by authorised persons. Therefore, no specific public access provisions are required to be incorporated into the design of the proposal. Page 91
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23 4.0 Regulatory Statement EE is authorised to operate a public electronic communications network and supply public electronic communications services under the provisions of the Telecommunications Act 1984, the Communications Act 2003 and the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 and aims to meet all reasonable customer demand for that service. OFCOM statistics show that in 2013 mobile phones are owned / used by 92% of UK adults. This demonstrates the vital role mobile communications play in the social and economic wealth of the country. Whilst most of the UK now benefits from mobile coverage there are still spots without coverage. EE under their communications code licence to run a public communications network are duty bound to provide equal coverage to all areas of the UK. Therefore, the need for communications systems should not be tested by Local Planning Authorities, as it is for the communications code operators to determine locations where coverage is required and demonstrate in evidence. The development proposed is to replace an existing EE installation which is to be decommissioned and removed. Should this proposal not proceed, the area will be left with significantly reduced coverage or no coverage whatsoever in the future. Page 92
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24 5.0 Health and Safety Telecommunications planning guidance states that it is not for the local planning authority to seek to replicate through the planning system controls under the health and safety regime as it is a matter for the Health and Safety Executive. The Government guidelines state that provided a proposed base station meets the ICNIRP guidelines for public exposure, then it should not be necessary for the local planning authority to consider the impacts of health concerns. It is confirmed that the proposed equipment and installation complies with ICNIRP guidelines and a Declaration of Conformity has been submitted in support of the application. Page 93
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25 6.0 Conclusions As part of their UK upgrading programme, EE now propose to upgrade coverage in this area to include 4G services which will maintain and provide improved data services to customers in addition to the existing voice and text services they enjoy. In addition, EE provide the new UK wide Emergency Services Communications Network (ESN) and their 3G/4G/5G network will support this service. As such, the proposed replacement installation will form part of the ESN for all of the emergency services operating within this area. The telecommunications installation proposed as set out in this application has been designed and sited having regard to technical, engineering and land use planning considerations in order to minimise its impact on the local environment. The mast height has been kept to the minimum required to ensure operational efficiency - a structure with an overall height of 25 metres is needed in this locality because of the surrounding clutter. Consideration has been given to the design of the mast and this is reflected in the lattice structure, which is frequently used within rural/village areas. In relation to planning policy, in accordance with the guidance set out in both national and local policy, a thorough search of the area has been undertaken and revealed that there are no existing masts or other structures suitable. Therefore, the development of a new mast site is justified, and it has been demonstrated that it has been sited and designed to minimise its visual impact and all other environmental impacts as far as practicable in accordance with the development plan. The Council are therefore respectfully asked to approve this application for full planning permission. Page 94
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Telent Telephone: Point 3 Facsimile: Haywood Road Warwick www.telent.com CV34 5AH United Kingdom Our Ref: 93845_APPEAL Andrew McMurdo Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll and Bute, PA32 8XD Via Email: EE LTD: SITE OWNERS NOTICE IN RESPECT OF AN APPEAL MADE TO THE SECRETARY OF STATE AGAINST THE DECISION OF THE COUNCIL FOR INSTALLATION OF A RADIO BASE STATION AT PROPOSED EE 25M COLUMN AND ASSOCIATED SUPPORTING APPARATUS AT LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD (NGR E: 209343 N: 708563) Please find enclosed a Notice informing you that the Telent, on behalf of EE Ltd, are submitting an Local Review application against the Argyll and Bute Council decision in refusing planning permission application reference 25/01573/PP for the installation of electronic communications apparatus at this site. This Notice is provided in accordance with Town and Country Planning (Development Management Procedure) (Scotland) Order 2013, which requires landowners to be informed of the submission of any Local Review made to the Council’s decision to refuse an application under Regulation 15. You will see from the Notice that you may make representations to the appeal direct to the Local Review Body, should you wish to do so. Yours Sincerely Jamaal Hafiz MTCP MRTPI Town Planner Telent Technology Services Ltd M: E: For and on behalf of EE Ltd Page 95
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Town and Country Planning (Scotland) Act 1997 Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Proposed development AT LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD (NGR E: 209343 N: 708563 I give notice that EE Ltd, having applied to the Argyll and Bute Council for the installation of telecommunications equipment at the above site, is appealing to the Local Review Body against the decision of the Council. Any owner* of the land or tenant** who wishes to make representations about this appeal should write to: Local Review Body Committee Services Argyll and Bute Council Kilmory Lochgilphead PA31 8RT By the 20th of August 2026 If you decide to make representations, you should make it clear that you are an owner of the appeal site or tenant of an agricultural holding on the site and you should give the site address. *“owner” means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years, or in the case of development consisting of the winning or working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver). **“tenant” means a tenant of an agricultural holder any part of which is comprised in the land. Signed On behalf of EE Ltd Date: 31/07/2026 Page 96
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Telent Telephone: Point 3 Facsimile: Haywood Road Warwick www.telent.com CV34 5AH United Kingdom Statement of owners’ rights The grant of planning permission does not affect owners’ rights to retain or dispose of their property, unless there is some provision to the contrary in an agreement or in a lease. Statement of Agricultural The grant of planning permission for non-agricultural development may affect agricultural tenant’s security of tenure. Page 97
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Telent Technology Services Limited. Registered in England. No. 703317. Registered Office: Point 3, Haywood Road, Warwick, CV34 5AH, England Telent Technology Services Ltd Rutland House 5 Allen Road Livingston West Lothian United Kingdom www.telent.com Our reference: 93845/FP/KP Andrew McMurdo Inveraray Shinty Clubhouse, Dalmally Road, Inveraray, Argyll and Bute, PA32 8XD VIA Email 17th September 2025 INSTALLATION OF A RADIO BASE STATION AT PROPOSED EE 25M COLUMN AND ASSOCIATED SUPPORTING APPARATUS AT LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD (NGR E: 209343 N: 708563) Dear Sir or Madam, Please find enclosed a Notice informing you that Telent Technology Services Ltd, on behalf of EE Limited, will be submitting an application to Argyll and Bute Council for a full planning application determination for the installation of electronic communications apparatus. This Notice is provided in accordance with the Town and Country Planning (Development Management Procedure) (Scotland) Order 2013, which requires landowners to be informed of the submission of the application under Regulation 15 of Applications for Planning Permission. You will see from the Notice that you may make representations about the application direct to the Local Planning Authority should you wish to do so. Yours faithfully, Jamaal Hafiz MTCP MRTPI Town Planner Telent Technology Services Ltd Page 99
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Telent Technology Services Limited. Registered in England. No. 703317. Registered Office: Point 3, Haywood Road, Warwick, CV34 5AH, England Working for and on behalf of EE E-mail: Developer’s Notice Proposed development at: LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD National Grid Reference: Easting 209343 Northing 708563 I hereby give notice, in accordance with Town and Country Planning (Development Management Procedure) (Scotland) Order 2013, that Telent on behalf of EE Limited will be applying to Highland Council for full planning consent for: • 1 x 25-metre-high swann column with crowsnest headframe • 3 x antennas fixed to headframe • 2 x 0.6m transmission dishes • 1x GPS Node fixed to proposed antenna pole • 1 x ORC Cabinet (600x600x2100) • 1 x MK5B Link AC cabinet (1200x600x1600) • 1 x 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access gate • Other ancillary equipment and cabling The application will be made to: Planning Department Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD The application will be made available for public inspection at the offices of the local planning authority during usual office hours. Any person who wishes to make any representation to the proposed development may do so in writing to the local planning authority at the above address. A period of at least 21 days, from the date of this notice, will be allowed for any such representations to be received by the Local Planning Authority. Name: Jamaal Hafiz Signed: On behalf of: EE Limited Date: 17/09/2025 Page 100
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BT Group plc 1 Braham Street London, E1 8EE Phone: Cell No: 93845 Site ID 1746401 Cell Name: INVERARAY SHINTY CLUBHOUSE Address: Link to Project Date: Completed By: Position: Company: For and on behalf of EE Designer Telent [1] The updated ICNIRP Guidelines published in September 2025 are covered by this declaration. Template: ICNIRP Certificate V4 Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection Public Exposure Guidelines DALMALLY ROAD, PA32 8XD https://sitetracker-bt.lightning.force.com/lightning/r/sitetracker__Project__c/a0iTe000008t9hCIAQ Is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionizing Radiation Protection[1] as expressed in EU Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)". 2026-02-17 Declares that the proposed equipment and installation as detailed in the attached Planning / General Permitted Development Order application at: Page 101
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SUPPLEMENTARY INFORMATION 1. Site details Site Name INVERARAY SHINTY CLUBHOUSE GF Site Address INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD NGR E 209343 N 708563 Site Ref Number 93845 Site Type Macro 2. Pre-Application Check list Site selection Was the mast register of the authority2 responsible for planning used to check for suitable sites by the operator or the authority? Yes No Was the industry site database checked for suitable sites by the operator? Yes No Annual roll out consultation with the authority2 responsible for planning Date of last annual rollout information/ submission N/A Name of contact N/A Summary of outcome/Main issues raised N/A Page 103
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Pre-application consultation with the authority2 responsible for planning Date of written offer of pre-application consultation 10/07/2025 Was there pre-application contact Date of pre-application contact N/A Name of contact N/A A formal pre-application submission was made to the council on 10/07/25. As there was no direct information stating the fee for telecommunications and given time elapsed it was decided by the operator to proceed to submit the application given the urgent requirement to provide replacement coverage and capacity. Ten Commitments Consultation Rating of Site under Traffic Light Model AMBER Outline Consultation carried out: A Traffic Light Rating (TLR) was undertaken in order to compose a consultation plan. The site was rated amber and the following were consulted: Cllr Douglas Philand Cllr Garrett Corner Cllr Jan Brown Inveraray Community Council School/College Inveraray Primary School Inveraray Argyll PA32 8YH No response to date. Civil Aviation Authority/Secretary of State for Defence/Aerodrome Operator consultation N/A Page 104
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3.0 Proposed Development The proposed site Please refer to Design, Access and Supporting statement. In acknowledgement of the site location, a monopole design is being proposed in order to assimilate into the landscape more effectively. A map extract is enclosed with this application showing the site location. Type of Structure (e.g. tower, mast, etc.):25m column Overall Height 25m Materials (as applicable) Type of material and external colour Galvanised Equipment housing – type of material and external colour Light grey Reasons for choice of design The design has been chosen as it meets both the technical requirement to provide the necessary service in terms of height as such not uncommon in such locations. 4.0 Technical information ICNIRP Declaration attached – Yes ICNIRP public compliance is determined by mathematical calculation and implemented by careful location of antennas, access restrictions and/or barriers and signage as necessary. Members of the public cannot unknowingly enter areas close to the antennas where exposure may exceed the relevant guidelines. Frequency: All EE Ltd 3G sites operate both the GSM1800 system (transmitting in the frequency range of 1846.5MHz to 1876.5MHz) and the UMTS system (transmitting in the frequency range of 1904.9MHz to 1909.9MHz and 2159.7MHz to 2169.7MHz). Modulation characteristics3 The modulation method employed in GSM1800 is GMSK (Gaussian Minimum Shift Keying) which is a form of Phase Modulation. The modulation method employed in UMTS is QPSK (Quad Phase Shift Keying) which is another form of Phase Modulation. Power output (expressed in EIRP in dBW per carrier): In order to minimise interference within its own network and with other radio networks, EE Ltd operates its network in such a way that radio frequency power outputs are kept to the lowest levels commensurate with effective service provision. As part of the EE Ltd network, the radio base station that is the subject of this application will be configured to operate in this way. EEs’ licence limits the allowed radiated power to an effective isotropic radiating power (EiRP) of +32dBW per carrier for both GSM1800 and UMTS For a Microcell the typical EiRP would be between approximately +16.5dBW per carrier and +26dBW per carrier for GSM1800. For UMTS a typical EiRP would be +20dBW per carrier. Height of antenna (m above ground level) 23.95 centre line above ground level Page 105
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3 The modulation method employed in GSM is GMSK (Gaussian Minimum Shift Keying) which is a form of Phase Modulation 5.0 Technical Justification Providing replacement coverage and capacity for site that is to be decommissioned. GSM Coverage A mobile phone transmitter is designed to cover a specific area and links its coverage to the next site in the network, creating a patchwork of overlapping coverage ‘cells’ across the county. So, if a person is on the move, the network will transfer their calls from one site to the next. However, in certain areas there will be gaps between these cells, resulting in a loss of coverage. This can be for a variety of reasons, the most common being topography or buildings which block the path of the signal. Our network rollout programme is designed to identify and address these gaps within our coverage and ensure that people can use their phones whenever and wherever they are. The distances between transmitter sites will depend on many factors, including the geography of the area, the number of buildings, the number of people living in the area and the growing demand for mobile services. As a result, the distance between sites can range from less than 1 kilometre in large urban areas to 8 kilometres in rural areas. As such, in order to provide significantly improved coverage to all customers, including the Emergency Services, this application is submitted in order to achieve this. 3G/4G/5G Rollout Data traffic is increasing and is forecast to continue to grow, as technology is developed to facilitate this. Services such as direct access to the Internet from a handset, downloading files from the office to a mobile laptop computer and videophones are now offered and expected by subscribers. These data services are commonly known as third generation or 3G services, fourth generation or 4G services and fifth generation or 5G services. All the mobile telecoms operators agreed with the government to offer 90% geographic coverage by the end of 2017. This site forms part of that wider policy requirement. These services are provided using a combination of UMTS and new generation GSM equipment. UMTS will provide very fast data rates. However, for the network to work effectively, we also need to provide an “umbrella” GSM network which is also capable of providing high speed data albeit at slower rates than UMTS. In addition, EE are responsible for the rollout of the new Emergency Services Network and the obligation is to provide the latest 5G services for data transfer, video footage and communications throughout the country. Such services can only be provided with an effective rollout of upgraded and new telecoms base stations and this site forms an integral aspect within the wider network provision. Contact Details Name Jamaal Hafiz Telephone Operator EE Ltd. Address c/o Agent - Rutland House, 5 Allen Road, Livingston, West Lothian, EH54 6TQ Email address Signed Date 17/09/2025 Page 106
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5G TECHNICAL CONSIDERATIONS Page 107
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1.0 Implementing the UK Digital Strategy 1.1 Mobile and other forms of digital connectivity were once handy to have, perhaps even a luxury. However, as clearly recognised by UK Government in its Digital Strategy, they are now an essential part of everyday life. 1.2 Advanced digital connectivity provides new business opportunities, allows the UK to be competitive in changing global markets and supports people in their everyday lives. From the first generation of analogue phones to modern 4G enabled smart phones, the UK public has embraced the benefits provided by better mobile connectivity. The UK Government’s Digital Strategy ambition is for the UK to be the global leader in the next generation of mobile technologies and digital communications like 5G and for the UK population to have access to world leading technology and lifestyles associated with those benefits. 1.3 Next generation smart devices utilising 5G, will benefit from enhanced mobile connectivity and facilitate the expanding range of services available to communities. From the first generation which provided voice calls, second generation that allowed basic data such as texting and the third and fourth generation networks which have offered progressively better internet and video access and the development of a myriad of “apps”, the development of mobile connectivity continues at pace. 1.4 5G brings a revolutionary approach to managing the spectrum and greatly increasing data speeds and will deliver ultra-fast wireless broadband connections. The public advantages and opportunities this presents will be revolutionary - near-instant downloads of HD films, smart medical devices and smart cities, connected autonomous vehicles and traffic management, smart manufacturing with heterogenous autonomous machines, direct machine to machine communication, automated agriculture, far greater security provision, more stable and reliable connectivity and advances in further application development and many uses not yet identified. Page 108
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1.5 It is estimated that 5G will directly contribute to an additional £7 Billion a year to the UK economy in just six years from roll-out and the significance of 5G is reflected in a range of Government policy: “This Government has a clear ambition for the UK to be a global leader in the next generation of mobile technology – 5G. Good digital infrastructure is a building block of the Government’s modern Industrial Strategy - it creates new opportunities for growth by allowing business to be done on the move; unleashing dynamic business models; and opening up new opportunities and markets. It also supports us in our everyday lives - connecting us with friends, family and colleagues; helping us to stay safe; and giving us access to information and services that we increasingly take for granted. 5G promises a step-change in mobile connectivity with enormous potential to boost productivity and grow the economy, and we want the whole country to benefit. So, we will take a leading role in its development and roll-out, putting the UK at the forefront of the 5G revolution”. Department for Culture, Media & Sports - Next Generation Mobile Technologies: A 5G Strategy for the UK 1.6 The Mobile Network Operators (MNOs) deployment of 5G will start with our major centres and transport networks. The next phases will see coverage Page 109
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extend across the whole of the UK, in line with coverage obligations and public demand for the services and benefits. 1.7 The deployment of 5G will begin through utilising the MNOs existing 3G and 4G networks and so for a period of time, sites are likely to carry different services in parallel, with intelligence applied to ensure high data uses operate through the higher capacity networks. Although 5G will undoubtedly bring new opportunities and huge benefits to society, this can only be delivered with additional infrastructure and that will mean new structures, antennas and ancillary equipment. 1.8 The success of 5G will be hugely dependent on its network resilience, especially if it is to be used for many of the planned services mentioned in paragraph 1.4, such as connected autonomous vehicles and smart medical services. Consequently, the network is likely to have a degree of duplication and overlap of sites to ensure full and reliable coverage, network capacity and operational resilience. 1.9 New mobile technologies - or generations - have been introduced roughly every 10 years, each offering improved services compared with previous generations. However, the existing 4G network rollout has been relatively rapid and indeed 5G deployment will mean that the timescales between mobile technologies has now reduced further. Although this has huge benefits as indicated above, it does mean that the UK legislative systems, including planning systems, have to continually adapt to these changing circumstances. 1.10 With each mobile generation, the types, amount and scale of apparatus needed to deliver new mobile connectivity change, and this will be even more evident with 5G. Government policy and permitted development rights will become more focussed on assisting the timely delivery of 5G, allowing the public benefits from the advances of this technology to be achieved. 1.11 In turn all of this will be reflected in operator delivery obligations and timescales. Parity of new mobile services will also become more evident – reflecting concerns about digital divides and that connectivity should be universally available, bringing with it challenges of delivering new or improved services into geographically more peripheral population areas: Page 110
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“Getting 5G deployment right will be critical in a future where connectivity is becoming integral to almost all parts of the economy, and the UK will put its future growth and competitiveness at risk it if falls behind”. ‘Connected Future’ National Infrastructure Commission 2016 1.12 However, the one constant in the regulatory and policy framework is the continued emphasis on reusing and sharing existing sites as the best way of avoiding the unnecessary proliferation of new sites and so minimising potential environmental impact. 2.0 National policy support 2.1 Currently all the UK planning systems support advanced modern mobile connectivity, reflecting the UK Government’s Digital Strategy and significance of 5G to the UK economy. 5G and associated benefits are described in more detail in the accompanying Cellnex document ‘National Policy – Delivering Ultra Fast Broadband Mobile Connectivity’. Planning reform across all UK regions is now starting to reflect the specific support for next generation mobile technologies in particular 5G. For example, in England, the National Planning Policy Framework February 2019 states: “Advanced, high quality and reliable communications infrastructure is essential for economic growth and social well-being. Planning policies and decisions should support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections”. 2.2 In relation to mobile connectivity, there is very clear emphasis on supporting advanced digital communications, but at the same time the importance of striking an appropriate balance with environmental considerations is still recognised, with emphasis on appearance and design as well as sharing existing sites. 2.3 5G installations will in many cases be larger than the latest generations, because of the greater amounts of apparatus to support. This will take us back to ground-based mast heights used more typically with the first generation, i.e. Page 111
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20 to 45 metres. However, this has to be viewed in the context of other, often much larger forms of essential public infrastructure that currently exist in urban and rural areas such as pylons, wind turbines, railway and road communications, street furniture, CCTV, and heating infrastructure. It is obviously a regrettable feature of a modern society that there will be some inevitable and unavoidable visual impacts associated with the public infrastructure necessary to serve us. 2.4 The delivery of 5G mobile connectivity will therefore bring about the need for new infrastructure but no more and often less than might be expected to deliver other essential public services. The regulatory and policy framework encourages minimising the potential impacts, but as with previous generations this will be tempered by the special technical and operational requirements that appertain. With 5G these will be considerable and more so when compared to previous generations of mobile base station deployment which are explained below. 3.0 Special operational, technical and siting considerations 3.1 The rollout of 5G equipment will initially be concentrated at a “macro” level, that being the upgrade of existing main base station or macro installations, coupled with the development of new macro installations. The potential for Small Cells, being micro base stations often utilising public infrastructure (like lamp posts) to provide dense urban 5G coverage (and capacity) will evolve as the technology is taken up. Initially this will be concentrated towards main cities and towns with greatest mobile phone demands. 3.2 Many existing macro installations are on rooftops and stand-alone towers. These will need to be upgraded and, in some cases, redeveloped to accommodate the new equipment and antennas. 3.3 Where a mobile operator already operates from a rooftop or mast and is therefore already providing mobile services to the local area, the 5G apparatus will be an upgrade of existing services and likely to provide coverage over the same area. As the reuse of existing sites accords with the regulatory and policy framework, there is no need to consider alternative sites, as made clear for Page 112
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instance in paragraph 115(c) of the NPPF (England). In any event, to do so might also conflict with the existing network architecture and relocation might therefore be difficult, complex and time consuming to achieve. 3.4 In other cases where the operator has no existing base station in the area, the new 5G installation will be located and designed so that it can integrate into the wider 5G network under deployment. This may be for coverage or other reasons such as network resilience as previously explained, but because of the increased density of sites, there may have to be achieved within tight siting parameters. Operational considerations 3.5 Whether it is the upgrade of an existing mobile base station or provision of a new site, a combination of the following operational considerations will apply: • The need to provide an acceptable level of coverage over the target coverage area by the sector antennas and to meet expected demands and network resilience (antennas can only handle certain call and data levels) • The need for a dense and superfast fixed fibre network, necessary for a 5G base station to rapidly process calls and data instructions and connect to the wider network • Where necessary, point-to-point radio transmission dish antennas with heights required to allow direct line of sight • Proximity to a suitable and reliable power source • Positioning to meet public and occupational exclusion zones to meet ICNIRP guidelines (International Commission for Non-Ionising Radiation Protection) • Demarcation and safety handrailing, protected cable routes, climbing access and some small signage • An accessible route for construction and future maintenance access – pedestrian or vehicular Page 113
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• A reasonable degree of security and associated signage • A sympathetic and willing site provider • For new ground-based masts, sufficient buffer space to allow for drop and exclusion zones • Suitable ground and rooftop conditions to accommodate load bearing apparatus More apparatus requirements 3.6 As 5G will operate across multiple radio spectrums it will require additional antennas and new equipment cabinets. Each generation of mobile base station has introduced slightly different antenna requirements, technical and siting considerations. Generally, each generation of mobile connectivity has seen the number of antennas required being reduced, particularly due to the sharing capability of newer antenna systems and network consolidation agreements between some of the MNOs. 5G is likely to require more antennas due to the need to ensure resilient coverage and in some locations, particularly towns and cities, the operators may need additional antennas simply to meet network capacity requirements. 3.7 Previous mobile generations used sector or omni directional antennas sited high to provide geographical coverage over the cell area in a blanket fashion. In urban areas, the 5G frequencies allocated by Government will not travel as far, which means the network will have to be denser. To ensure efficiency the antennas will be more “intelligent”, more optimised and highly ‘directional’. 5G antennas will therefore be highly advanced, in many cases using multiple-input multiple-output technology (MIMO) which essentially allows new antenna technology to be “smarter” and better track and communicate simultaneously with multiple mobile users. Greater height and siting implications 3.8 This has implications for siting and design. On building rooftops in particular, 5G antennas will need to be much closer to the building edge to avoid Page 114
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shadowing and antenna ‘clipping’ off the edge of the buildings and to allow the smart “tracking” features of the antennas. Source: Cellnex Blackheath Telephone Exchange – roof edge 5G antenna configuration 3.9 Clipping of signals is already an important operational factor reflected in planning guidance such as this diagram from Annex C of Planning Advice Note 62 in Scotland, but now more prevalent to 5G: Source: Annex C of Planning Advice Note 62 in Scotland Page 115
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3.10 If this is not possible, then the antennas may have to be located higher on structures in the centre of the roof, but raised to a height to avoid the same ‘clipping’ issues. For antennas on ground-based masts, they will also have to be sufficiently high and clear of obstacles that can degrade signal propagation and be sited close to the target area. Larger apparatus and redevelopment requirements 3.11 As new 5G antennas will also continue to provide other services like 3G and 4G (the antennas allow shared frequencies and shared services), they will normally be larger and so greater in appearance (although there is an expectation that 5G antenna technology and design will evolve and may reduce over time). Source: Cellnex Trowell Services – 5G antenna and feeders 3.12 In turn, larger and heavier 5G antennas, are likely to require more supporting steelwork on rooftop installations. Necessary antenna supporting apparatus will also require additional supports. 3.13 Where 5G antennas are to replace those on an existing mast, the additional structural and wind loading of the new 5G antennas (and necessary support apparatus) may necessitate redevelopment of the existing structure. Page 116
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More antenna support apparatus 3.14 As new 5G antennas will provide other services like 3G and 4G and antennas can be shared by more mobile operators (as part of radio network sharing agreements), they will also require a greater range of ancillary apparatus to combine the different radio frequencies and also help regulate signal / power loss between the equipment in the equipment housing and the antennas themselves. 3.15 This ancillary apparatus will be mainly small units normally behind or very close to the antennas. In some cases, they may be grouped on purpose-built support apparatus, but however configured it will necessitate higher and larger structures to support these additional complements. Source: Blackheath Telephone Exchange – 5G antenna support apparatus Greater reliance on fibre connectivity 3.16 Unlike earlier networks, 5G will rely more on dense fixed line fibre networks as these are both reliable and very high capacity. As a consequence, fibre routes and the opportunity to extend them will significantly influence siting and design of new installations. Page 117
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3.17 In some cases, network requirements may also require dish antennas (transmission dishes) that operate on a direct ‘line of sight’ basis, a bit like a search light beam, to other dishes on corresponding installations on the network. This is likely to be the case where the 5G base station also incorporates planned other mobile services such as 4G. Fibre and dish “backhaul” requirement for 5G are very important as: • They link the base station to the wider national network, which in turn is linked to other national and international networks • Link the base station to a master control centre that manages the call handover process that occurs when a mobile user moves from one cell area to another • Likely to provide telemetric monitoring to ensure the site is working properly, with some faults able to be fixed remotely. 3.18 Base stations also require cabinets to house the electronic communications radio equipment and an electricity meter cabinet for the necessary power connection. For 5G base stations sited on buildings, these cabinets are normally located at roof level to reduce feeder lengths, which if too long can affect radio signals and antenna performance. Additional rooftop siting constraints 3.19 Additionally, on rooftops, the following considerations will also apply: • Antennas have to be positioned to avoid radio interference with any existing equipment already installed on the building. • All apparatus has to be maintainable in accordance with general health and safety requirements including the Construction Design Management regulations. • All apparatus has to be installed in a structurally feasible manner. Page 118
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• On a rooftop, all apparatus has to be clear of existing features such as access points, air conditioning units, roof lights, or other electronic communications apparatus. • Apparatus has to be installed in accordance with the requirements of the building owner. ICNIRP compliance implications 3.20 As some 5G apparatus will operate at higher power levels than earlier generations, it will need to be elevated higher off building rooftops, to ensure public exclusion zones can be maintained (see “5G - Health and Safety for more information)”. 3.21 Rooftop installations, whether new or existing will all be subject to this constraint and so require more prominently sited apparatus, which is a factor to bear in mind when considering alternative sites. Interference considerations 3.22 The mobile network operators are also under a legal obligation to comply with the conditions of their licences granted by Ofcom. These conditions ensure compliance with legal obligations in respect of avoiding interference between themselves, with other radio systems, other electrical equipment, instrumentation and air traffic systems. The conditions of the licence are mandated by Ofcom who are responsible for the regulation of the civilian radio spectrum. Ofcom also has powers to investigate and remedy any reported significant interference. 4.0 Town Planning implications 4.1 All of this presents more complex issues for both the mobile operators, site owners and also additional considerations for Local Planning Authorities, as previously 2G, 3G or 4G systems could generally be accommodated without Page 119
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the need for the same extent of extra supporting structures, support apparatus and antenna heights. 4.2 All new proposals will still have to operate within the prevailing ICNIRP (International Commission for Non-Ionising Radiation Protection) guidelines and that will influence siting and design to a greater extent than before. 4.3 The special technical and operational factors that apply to 5G will therefore affect siting and design considerations greater than before. This document should help explain these key considerations and how they are material considerations that must be reflected in town planning decisions. 4.4 All that said, it is recognised that any proposal must strike an acceptable balance with environmental considerations and the Government recognises that the best way to achieve this is still through sharing and the reuse of existing infrastructure. 4.5 In weighing the balance, it is also necessary to take into account the now massive and still growing public demand for mobile connectivity and the revolutionary nature of the many and considerable public benefits that 5G will deliver to support a prosperous economy and to make our lives safer and more convenient. Cellnex Page 120
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5G and Future Technology – Delivering the UK’s Telecoms Future Streetworks Monopoles in support of 5G Setting the scene Mobile connectivity is becoming ubiquitous and the expectation is that it should be available throughout the country. From the first generation of analogue phones to modern 4G enabled smart phones, people have embraced the benefits provided by increased connectivity and the applications that smart phones can control. As digital systems and mobile telephony develop it has become apparent that the mere requirement to make a telephone call is secondary to the overall advantages and opportunities that modern smart phones and increased data speeds can offer. “We will build a Britain that lives on the digital frontier, with full-fibre broadband, new 5G networks and smart technologies” BEIS Industrial Strategy – Building a Britain fit for the Future 2017 It is anticipated that the next generation of smart phones will be only a small part of wider mobile connectivity. The first generation provided voice calls, the second generation allowed basic data such as texting and the third generation offered internet access and the development of apps. Since then the smart phone has developed further and the fourth generation has brought video and much faster data speeds allowing the integration of the smart phone into wider use. “Securing the mobile networks necessary to put the UK at the forefront of this emerging technology will be critical to the growth of our economy”. ‘Connected Future’ National Infrastructure Commission 2016 Page 121
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MBNL.Supp.Info.New Tech.06.12.18 The next generation of mobile telephony is 5G and it brings a revolutionary approach to managing spectrum and greatly increasing data speeds. The advantages this presents range from near-instant downloads of HD films to connected cars, smart medical devices and smart cities. “5G has the potential to dramatically transform the way we go about our daily lives, and we want the citizens of the UK to be amongst the first to experience all the opportunities and benefits this new technology will bring….” Margot James, the government minister for digital. 5G also integrates the previous generations of mobile telephony through either utilising the existing radio spectrum and/or combining the advantages of previous generations and using multiple platforms to manage coverage and capacity. It is estimated that 5G will directly contribute to an additional £7 Billion a year to the UK economy in just six years from roll-out. Although 5G will undoubtedly bring new opportunities and huge benefits to society, we cannot escape from the requirement that new structures, antennas and ancillary equipment will be needed. But to do so the network needs to be surveyed, designed and planning approval obtained. It has been acknowledged by Government that we must ensure that we have the infrastructure in place to deliver 5G across our major centres and transport networks. The Next Generation The growth of digital connectivity over the last few decades has transformed all aspects of life within the UK. It has provided the opportunity to work differently, to socialise and interact differently, to bring the world closer and to offer new commercial opportunities. The internet and mobile connectivity rely upon the deployment of new fibre networks. Utilising these fibre networks allows each mobile base station to link back into the wider core network, however, the requirements in the future are for ubiquitous coverage and this will mean the more complex, more remote locations throughout the country will need further new installations. In addition, 5G offers download speeds far in excess of what can be achieved today, even by fixed line broadband. Such increased speeds and low latency provides the potential for far greater opportunities. Examples of this new world that will emerge from ubiquitous 5G coverage involves such things as connected and autonomous vehicles, traffic management, smart manufacturing with heterogenous autonomous machines, direct machine to machine communication, advanced medical devices, automated agriculture, far greater security provision, more stable and reliable connectivity and advances in further application development with uses not yet identified. All of the above provides an insight into the future development of connectivity in our modern world and also provides a further insight into the expected minimum eight-fold increase in data usage by each mobile operator over the next 5-6 years. Current Legislative Environment The existing 4G network rollout has been relatively rapid. However, it was apparent that there were certain restrictions and complications, particularly within the Planning regime, that hindered a more effective rollout. Telecoms Planning is governed by secondary legislation set by central government and the Devolved Authorities and much work has been made to lessen Page 122
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MBNL.Supp.Info.New Tech.06.12.18 the adverse effects of previous generations of legislation. In England, Part 16 of the General Permitted Development Order (2016 SI No. 1040) was revised in November 2016 and increased permitted development rights for Electronic Communications Code System Operators. In order to benefit from the potential that 5G offers, these regulations will need to be relaxed further and altered to address the particular requirements of the new infrastructure proposed. This approach is supported in National Planning Policy: “Advanced, high quality and reliable communications infrastructure is essential for economic growth and social well-being. Planning policies and decisions should support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections”. National Planning Policy Framework July 2018 Consultation is ongoing with the relevant government departments in order that a better understanding of the requirements is being presented and understood, however, it is imperative that the UK prepares itself in order to enable this new technology and to lessen the burden of over complex regulations. Reducing barriers to network deployment should therefore be considered a strategic necessity given the potential for 5G to help digitise wider areas of the economy. Mobile telephony is seen as a critical aspect of the future of our country and the Government directly supports the increase and expansion of services and new technology: “Getting 5G deployment right will be critical in a future where connectivity is becoming integral to almost all parts of the economy, and the UK will put its future growth and competitiveness at risk it if falls behind”. ‘Connected Future’ National Infrastructure Commission 2016 New Equipment The initial rollout of equipment will be concentrated on a macro level, that being the upgrading of main hub sites but also coupled with new standalone sites. The potential for Small Cells will evolve as the technology is taken up. 5G has to be deployed smoothly and effectively and as such many existing rooftops and stand-alone greenfield towers will need to be upgraded and redeveloped to accommodate the new equipment and antennas. 5G operates across multiple spectrums and therefore requires additional antennas and new equipment cabinets. The signals that are broadcast are more prone to the shadowing effect of adjacent buildings or structures, and also the ‘clipping’ effect of building edges. Consequently, the location of antennas on existing rooftops is critical to its effectiveness. All new proposals will be set out in associated drawings and the broadcast levels will also be within agreed ICNIRP (International Commission for Non-Ionising Radiation Protection) guidelines. The higher frequencies that 5G will use can provide more bandwidth and thus greater capacity but the signal will not travel as far as those of previous generations. The implications to the built environment will be that more infrastructure needs to be deployed with the added significant increase in capital required. In order to meet future demands for connectivity the new installations will have to be designed to optimise the network and thus provide a public Page 123
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MBNL.Supp.Info.New Tech.06.12.18 benefit in addition to the existing telecoms generations and frequencies used. Additional structures and ancillary equipment on existing sites will also be complemented by new sites and it is anticipated that in high demand areas such as city centres further new installations will be required. Note typical location of antennas at roof edge It is anticipated that many of the proposals will involve locating antennas closer to the building edge to avoid such ‘clipping’ and if this is not possible then the antennas may have to be located on structures in the centre of the roof but raised to a height to avoid the same ‘clipping’ issues. This presents more complex issues for both the designers and for the Local Planning Authorities, where previously 2G, 3G or 4G systems could be accommodated without the need for extra supporting structures or raising the antenna heights. 5G has a far more complex radio requirement and is affected far more than existing systems by surrounding obstructions and structures. Consequently, in order to install new equipment supporting the 5G rollout designs will be very different to those of the existing networks. Page 124
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MBNL.Supp.Info.New Tech.06.12.18 Note increased number of antennas closer to the building edge In order for the UK to benefit from the huge potential of 5G Local Planning Authorities will have to weigh the Public Benefits of such connectivity with the requirements to instruct and manage the built environment. Central Government understands that this may present concerns with the various design solutions proposed but it is important that all Local Planning Authorities understand the technical needs of 5G and better understands the wider advantages of such new technology. This is further emphasised within the National Infrastructure Commission’s report in 2016, where National Digital Strategy will be directed through the Economy and Industrial Strategy Cabinet Committee in order to: “Support and challenge local government in their plans to enable the delivery of digital infrastructure; both in terms of ensuring that these plans help the UK to meet its national objectives, and that local authorities develop consistent approaches to support the deployment of mobile infrastructure across the country”. ‘Connected Future’, National Infrastructure Commission 2016 Page 125
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MBNL.Supp.Info.New Tech.06.12.18 Outcomes Central Government has expressed a support for new telecoms installations and the deployment of new technology. It is seen as essential for the country to develop and exploit the advantages of such new technology to the direct benefit of the public and the economy. It is seen that Local Government is key to the effective deployment of new technology and the upgrading of existing technology. Support and understanding from Local Government is needed to process Planning Applications, to offer the use of publicly owned assets to locate new equipment and to liaise with Mobile Network Operators in creating the infrastructure required. This is supported by the encouragement the National Infrastructure Commission has indicated in their Connected Future report 2016: “Local government should actively facilitate the deployment of mobile telecoms infrastructure”. Connected Future, National Infrastructure Commission 2016 It is suggested that Local Government will directly benefit from new and improved connectivity which will directly improve the local economy, social interaction, improved services, higher productivity and the reduction of social exclusion. The introduction of new infrastructure is required for all of the reasons above but also to prepare the UK for wider and greater advances benefiting from ubiquitous coverage and improved connectivity. Page 126
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7th March 2019 Collaborating for digital connectivity Government is committed to supporting investment in high-quality, reliable digital connectivity so that communities can benefit from faster economic growth and greater social inclusion. It is essential to keep pace with growing demand for internet bandwidth and mobile data from local businesses, residents and those who visit our communities. As outlined in the Future Telecoms Infrastructure Review, the Government would like to see nationwide full fibre coverage by 2033. We would also like the UK to be a world leader in 5G, with the majority of the population covered by a 5G signal by 2027. We are writing to ask for your help in supporting the investment necessary to achieve these objectives. Recent years have seen substantial investment in mobile and fixed digital infrastructure across the UK. In 2016 the Gross Value Added from the digital sector was £116.5 billion, which equates to 6.7% of the UK economy, so the benefits for individuals and the UK as a whole are substantial. While mobile coverage across the UK has been significantly improving, there are still too many areas where coverage is poor. The UK has now achieved 95% superfast broadband coverage but still only 6% full fibre coverage. We need to create the market and policy conditions necessary to support the large-scale commercial investment required to extend and future-proof digital connectivity. A key part of this is making it easier for operators to deploy infrastructure. To help to achieve this, the Government recently reformed the Electronic Communications Code - the statutory framework which underpins agreements between communications network providers and those in both the private and public sector who can provide sites for the installation of network equipment. The purpose of the reforms was to make it easier and more cost effective for communications network providers to deploy and maintain digital infrastructure. Local authorities have an essential role to play as site providers. As Chief Executives, you can support investment in digital communications infrastructure by ensuring your organisations have policies and procedures in place that promote effective engagement with the digital communications industry and minimise barriers to deployment. We have published guidance for local authorities and network operators on areas such as digital leadership, considerations for the local planning authority, streetworks, and on making local authority assets available to network operators for the installation of networks. This advice follows on from the Digital Infrastructure Toolkit, which was published in 2018 and provides advice for central government and network providers regarding access to government sites. We welcome the efforts that some local authorities have already made to enable network deployment. In future, the Government intends to publish information on how effectively local authorities are engaging with industry and adopting the principles outlined in this guidance. We would, therefore, ask you: Page 127
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1. To ensure your teams are aware of, and using, the guidance the Government has provided to improve broadband and mobile connectivity in their areas. 2. If you have not already, identify a Digital Infrastructure Champion within your organisation and share these contact details with local.connectivity@culture.gov.uk, and 3. In particular, to ensure your teams are granting access to your assets and infrastructure effectively to support the rollout of full fibre and mobile networks. I hope you agree that we should work hand in hand to support the significant new investment in digital infrastructure that can benefit our communities. With this in mind, Government will give significant weight to the extent to which local authorities have adopted the principles contained in our guidance when allocating funding for future DCMS projects aimed at boosting investment in fibre or mobile networks. If you or any of your colleagues have any questions, please contact DCMS at localconnectivity@culture.gov.uk. Thank you in advance for your cooperation. Page 128
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Department for Digital, Culture, Media & Sport FUTURE TELECOMS INFRASTRUCTURE REVIEW Page 129
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Future Telecoms Infrastructure Review 1 Ministerial Foreword There is a real opportunity for the UK to become a world leader in digital connectivity – increasing our competitiveness, boosting productivity and meeting future demands of consumers and businesses. Over the past few years we have made significant progress, in both mobile and fixed connectivity. In December 2017, we met our target to extend superfast coverage to 95% of UK premises, and we expect to reach at least 97% by 2020. We have also put in place legislation to create a new Universal Service Obligation giving every household and business the right to request a broadband connection of at least 10 Mbps, to ensure no-one is left behind. Mobile coverage has significantly improved over recent years, with 87% of UK landmass having a 4G signal from at least one operator (compared to 78% in 2017). The Government’s ambitions for digital connectivity do not stop here. We want to provide world- class digital connectivity that is gigabit-capable, reliable, long-lasting and widely available across the UK – and to do so at pace. That’s why we launched a £1.1 billion digital connectivity package, including the £400 million Digital Infrastructure Investment Fund to help investment in new fixed and mobile networks; the Local Full Fibre Network programme; and the 5G Testbeds and Trials programme. It is why we introduced legislation to exempt new full fibre infrastructure investment from business rates. And it is why we have also created the Barrier Busting Task Force, whose remit it is to identify barriers to fixed and mobile network deployment, and to work with industry, local authorities, and others to overcome them. In our manifesto, we said that over the next decade we want to provide at least 10 million premises with access to full fibre, with a clear path to national coverage. We want to go further, faster – and have set an ambitious target for 15 million premises to be connected to full fibre by 2025, with nationwide coverage by 2033. We also want to be a world leader in the next generation of mobile technology, 5G, with deployment to the majority of the country by 2027 so that UK consumers and businesses can take early advantage of the benefits. We announced the Future Telecoms Infrastructure Review last year, as part of the Government’s Industrial Strategy, and launched our public Call for Evidence to gather views on how we can best achieve these ambitions. Since then, we have had extensive discussions with industry, consumer groups and investors, undertaken detailed market analysis, and drawn lessons from what has worked – and not worked – in other countries. I am grateful to all of those who provided evidence to support this Review. Page 130
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Future Telecoms Infrastructure Review 2 We want to ensure that the UK has the strongest conditions in place to secure the investment we need. To do this, as we move from a part fibre, part copper roll out to a full fibre and 5G roll out, we will make sure that competition and innovation can thrive. This means regulation that is limited to where it is necessary, and provides the longer-term stability and predictability that investors need. The UK must become the easiest and the most attractive place to invest in new digital infrastructure. We are determined to ensure the UK has the telecoms infrastructure to meet the growing demands of consumers and businesses and promote the benefits of connectivity across the UK. While our aim is to maximise commercial investment in digital infrastructure, we recognise that parts of the country are likely to need more support than the market will provide alone. Digital infrastructure is central to the future of the UK economy. This national strategy will create the right market and policy conditions to secure world-class connectivity for all, but it needs to be accompanied by changes from within the sector. Industry has a critical role in delivering the world- class connectivity we need, and the focus should be on growing the market and improving consumer experiences. This is a long-term strategy and one which will only be achieved by government and industry working together. JEREMY WRIGHT – SECRETARY OF STATE FOR DIGITAL, CULTURE, MEDIA AND SPORT Page 131
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Future Telecoms Infrastructure Review 3 Executive Summary In the coming decades, fixed and mobile networks will be the enabling infrastructure that drives economic growth. The UK is a world leader in superfast connectivity with more than 95% of premises covered. However, next generation Fibre to the Premises (FTTP) – or ‘full fibre’ – coverage is only 4%, where we lag behind current world leaders like South Korea (c.99%), and Japan (c.97%).1,2 Mobile coverage is also improving – 87% of UK landmass has a 4G signal from at least one operator (compared to 78% in 2017). For the UK to be the best place to start and grow digital businesses, we need greater investment to build fixed and wireless networks that are fit for the future, and take advantage of the benefits of fixed and mobile convergence. The wide-scale deployment of these next generation technologies will underpin the UK’s modern Industrial Strategy and the Grand Challenges in areas where the UK can lead the global technological revolution. We want every part of the UK to be able to benefit from the significant economic developments that digital connectivity brings. When looking at the speed, resilience and reliability that consumers want and businesses need in order to grow, it is clear that full fibre and 5G are the long-term answer. These technologies have the potential to transform productivity, and to open up new business models. Full fibre networks are faster, more reliable, and more affordable to operate than their copper predecessors. 5G will deliver faster and better mobile broadband, and enable revolutionary uses in industry sectors like manufacturing, health and transport. The Government has set clear, ambitious targets for the availability of full fibre and 5G networks. We want to see 15 million premises connected to full fibre by 2025, with coverage across all parts of the country by 2033. We want the majority of the population to have 5G coverage by 2027.3 The security and resilience of the UK’s telecoms networks is also of paramount importance. The Future Telecoms Infrastructure Review (FTIR), announced in the Government’s Industrial Strategy, has considered the changes that need to be made to the UK telecoms market and policy framework to give us the best chance of meeting these goals.4 The Government and Parliament are responsible for setting the overall policy and regulatory framework for telecoms, consistent with relevant EU law. Ofcom, as the UK’s independent regulatory authority, is responsible for implementing the framework, and for making regulatory decisions under its statutory duties. The Digital Economy Act 2017 sets out the Government’s role in defining the strategic priorities and outcomes in relation to telecoms through a Statement of Strategic Priorities (SSP), which Ofcom must have regard to when carrying out its regulatory functions. It is our intention to follow this Review with the Statement, based on the conclusions of the Review. Page 132
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Future Telecoms Infrastructure Review 4 Nationwide Full Fibre Connectivity The total level of investment required for the national roll out of full fibre is estimated to be in the region of £30 billion.5 We would expect to see incremental revenue from the delivery of more valuable services to help pay for this investment. At the same time, earning a return on this large-scale investment will require the mass take-up of full fibre services. A range of fibre products and pricing will be important to encourage the migration of the existing customer base from copper networks and recover the costs of the new networks. Commercial investment in full fibre networks is gaining momentum with major investments by established and alternative network operators. Over a million premises now have a fibre connection – more than 450,000 of those within the last year alone; and not just in towns and cities, but also in rural areas as well. To meet our ambitions, there must be a sharp increase in the pace of full fibre roll out. The availability of capital is not the key constraint – but we do need the right conditions to attract investment. The current regulatory and policy environment has worked well to date in stimulating retail competition based on existing networks. However, changes will be necessary in the regulatory and policy environment, to incentivise the large-scale deployment of new networks in rural and urban areas across the UK. The National Infrastructure Commission (NIC) published its National Infrastructure Assessment on 10 July.6 We welcome their assessment which includes a strong focus on digital connectivity and recommends that a national full fibre rollout programme should be put in place to achieve nationwide coverage. The analysis we have commissioned in support of this Review indicates that, absent change, full fibre networks will at best only ever reach three quarters of the country, and take more than 20 years to do so.7 This is not good enough to meet our ambition of world class digital connectivity for the UK, with no part of the country being left behind. The most effective way to deliver nationwide full fibre connectivity at pace is to promote competition and commercial investment where possible, and to intervene where necessary. We estimate that: • At least a third (with the potential to be substantially higher) of UK premises are likely to be able to support three or more competing gigabit-capable networks8; • Up to half (or lower if there are more three network areas) of premises are likely to be in areas that can support competition between two gigabit-capable networks; Page 133
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Future Telecoms Infrastructure Review 5 • There are likely to be parts of the country (c.10% of premises) that, while commercially viable for at least one operator, may not benefit from investment. The Government will use ‘competition for the market’ mechanisms to secure investment in areas. The proposed new Electronic Communications Code (EECC), for example, provides powers to designate areas where no operator has indicated plans to deploy; and • In the final c.10% of premises, the market alone is unlikely to support network deployment and additional funding of some description will be required to ensure national coverage. This strategy relies on getting five things right: 1. Making the cost of deploying fibre networks as low as possible by addressing barriers to deployment, which both increase costs and cause delays; 2. Supporting market entry and expansion by alternative network operators through easy access to Openreach’s ducts and poles, complemented by access to other utilities’ infrastructure (for example, sewers); 3. Stable and long-term regulation that incentivises competitive network investment; 4. An ‘outside in’ approach to deployment that means gigabit-capable connectivity across all areas of the UK is achieved at the same time, and no areas are systematically left behind; and 5. A switchover process to increase demand for full fibre services. Addressing deployment barriers and reducing costs Reducing the cost and making it quicker and easier to roll out new telecoms infrastructure is essential. There are currently too many barriers which make building networks expensive and too slow. The Government has already launched a Barrier Busting Task Force, with the single objective of reducing the cost of building fibre networks by identifying and removing barriers to their deployment. The Task Force has worked closely with industry to identify the biggest barriers that exist, and we are proposing new legislation and non-legislative approaches, to tackle them in the following areas: • Simplifying wayleave agreements to facilitate easier access to multi-dwelling units. Operators face particular difficulties in identifying owners of multi-dwelling buildings and business parks, meaning tenants are often left without their choice of service. Enabling easier access will mean more full fibre can be deployed, faster; • Reducing the costs and time caused by street works by standardising the approach across the country. We plan to work with operators and local authorities to establish a set of common operational standards and best practice which work within the current legislative and regulatory framework. Different interpretations of street works rules by local authorities mean that operators face differing costs and procedures across the country, hampering investment and creating uncertainty; and Page 134
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Future Telecoms Infrastructure Review 6 • Ensuring fibre connectivity in new builds, so residents of new homes have full fibre technology. We welcome the efforts by operators and house builders to extend full fibre but further action is required as too many homes are still being built without fibre connections. In addition, the Government has already supported fibre investment by introducing a five year relief from non-domestic rates (otherwise known as business rates) in April 2017. Building infrastructure that will support world-class connectivity across the country is a significant project. The pace of roll out will depend on various factors, including availability of labour, sensible management of road closures and supply chain factors. The publication of a long-term strategy for infrastructure roll out will galvanise the sector behind a national plan and give the supply chain time to adjust. The Government will work with industry to identify and mitigate the practical challenges. Easy access to passive infrastructure in telecoms and other utilities, to support market entry The largest expense incurred when deploying a network is typically the costs of civil works in laying passive infrastructure like ducts and poles. There are limited benefits from the duplication of passive infrastructure and sharing such assets will reduce both costs and disruption, while preserving the ability of networks to compete. Ofcom’s enhanced access regulations requiring Openreach to share its vast network of ducts and poles with rival operators has the potential to significantly reduce deployment costs. Duct and Pole Access (DPA) could transform the business case for investing in competing full fibre networks.9 If the evidence shows that this remedy is not being implemented properly by Openreach, all options should be considered to ensure compliance. Where ducts and poles are not available or effective, there should be other options to enable market entry by alternative networks, for example, access to dark fibre. We encourage Ofcom to consider the regulatory options, in ways that do not undermine the case for operators to invest in their own networks using duct and pole access. DPA can also be complemented by access to passive infrastructure owned by other utilities, where appropriate. Assets from utilities such as power, gas, water, and local authorities should be easier to access, and available for both fixed and mobile use. This not only includes multi-utility ducts and poles, but also potentially pipes in the case of water, sewers and gas. There are existing provisions for this, such as the Communications (Access to Infrastructure) Regulations 2016, but they have had limited success in the UK to date. The Government will carry out a review of these Regulations in 2019 to assess if there are improvements that could be made to further boost investment in infrastructure. Ofcom should also work collaboratively with other regulators to ensure that these opportunities are explored, and barriers addressed. Page 135
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Future Telecoms Infrastructure Review 7 Stable and long-term regulation that encourages competitive network investment A telecoms market that promotes competition between rival networks where possible is best placed to deliver the Government’s objectives of extending full fibre coverage across the country as rapidly as possible. Countries that have relied on infrastructure competition have generally seen higher levels of fibre coverage, particularly in Spain (c.71%), Portugal (c.89%), and France (c.28% and increasing quickly). This has been supported by access to passive infrastructure, deregulation of wholesale access and pricing flexibility, co-investment and risk-sharing, as well as convergence of fixed and mobile markets. The Government’s overarching strategic priority is to promote efficient competition and investment in world-class digital networks. Investment is key to improving consumer outcomes, in terms of choice, service quality, innovation and price over the longer-term. It is the Government’s view that promoting investment should be prioritised over interventions to further reduce retail prices in the near term, recognising these longer-term benefits. The Government has identified a set of outcomes with a view to achieving this strategic priority: • Greater regulatory stability and clarity, through the availability of longer five year market review periods and a framework whereby firms making large, risky investments can have confidence that any regulation reflects a fair return on investment commensurate to the level of risk. • Recognising the convergence of business and consumer uses of networks, through unified access market reviews, where appropriate. See section 4. • Regulation only where and to the extent necessary to address competition concerns and ensure the interests of consumers are safeguarded as fibre markets become more competitive. • Recognition of the differences in local market conditions across the UK, through, where appropriate, a geographically differentiated approach to wholesale regulation. For areas where there is actual or prospective competition between networks, we would expect there to be less need for regulation. • Flexibility for firms to develop new approaches to reduce deployment costs and manage risks through commercial arrangements. Ofcom must have regard to the Government’s strategic priorities and outcomes in the exercise of its regulatory functions. Putting these into practice will require a large number of decisions which will be a matter of regulatory judgement for Ofcom. This approach, alongside the Review’s other proposals, should incentivise established players to invest more in fibre networks and also make it more attractive for competing providers to build their own networks rather than buying wholesale services from the incumbent. Page 136
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Future Telecoms Infrastructure Review 8 Full fibre connectivity for all through an ‘outside in’ approach to deployment Those areas that are likely to be unviable commercially for full fibre deployment will require additional funding of some kind. We estimate this will include around 10% of premises across the UK. These, often rural, areas must not be forced to wait until the rest of the country has connectivity before they can access full fibre networks. Widespread connectivity creates opportunities for small businesses to tap into a global customer base and for people to work more efficiently. We will pursue an ‘outside in’ strategy, meaning that while network competition serves the commercially feasible areas, the Government will support investment in the most difficult to reach areas at the same time. The additional funding from whatever source is likely to be region of c.£3 billion to c.£5 billion. To make sure that fibre delivery in these areas starts early, we will prioritise delivery of full fibre networks through the existing BDUK Superfast Programme, which has already made FTTP available to over 200,000 premises in predominantly rural areas by March 2018. Phase 3 of the Superfast Programme is seeking to address superfast coverage in as much of the remaining 5% of the country as possible, and Government will now maximise the number of premises to be covered with full fibre. We have already identified around £200 million within the existing Superfast Programme that can be used for this purpose. We will use competitive tenders to award contracts for these areas to commercial operators, in order to minimise any public subsidy requirements and ensure fairly priced services. Whilst full fibre is the long-term ambition, we recognise that there are alternative solutions that may also deliver ultrafast connectivity in harder to reach areas. In areas where it may not be cost effective to get fibre all the way to the home, even with additional funding, other technologies like hybrid fibre-wireless solutions can also deliver gigabit connectivity. Bidders will be encouraged to explore innovative solutions, including using a mix of mobile and fixed technologies where appropriate. Switching to a full fibre future As full fibre networks are rolled out, maximising the number of people using them will secure the full benefits of the technology. This will involve customers moving onto new fibre networks and retiring the legacy copper networks. Running copper and fibre networks in parallel is both costly and inefficient. A fibre switchover strategy is necessary to stimulate demand for fibre, to enable new networks to achieve scale quicker, and to ensure a smooth transition process for customers. This should be led by industry, working closely with Ofcom and Government. The Government will set up a mechanism with Ofcom and industry for planning the switchover process. Switchover should meet a number of policy conditions: • Plans support a timely switchover; • Efficient, so that switchover is smooth with minimal consumer disruption; • Transparent, so that customers have the information they need to make informed choices and clearly signalled via notice periods so operators have certainty; • Consistent, with existing regulatory and consumer obligations; Page 137
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Future Telecoms Infrastructure Review 9 • Pro-competitive, so processes are in place to support easy switching between networks; and • A fair deal for consumers, including adequate safeguards for vulnerable customers. It is realistic to assume that switchover could be underway in the majority of the country by 2030, but the timing will ultimately be dependent on the pace of fibre roll out and on the subsequent take-up of fibre products. We would only expect switchover to start when a significant proportion of the population has taken-up new fibre services. To aid mass migration from copper-based networks, we would expect fibre networks to have suitable ‘entry level’ products at prices similar to those provided on copper networks, including voice only services for those who want them. We also expect the Internet Service Providers (ISPs) to market and promote newly available fibre products to drive take-up. Ofcom will have an important oversight role in ensuring industry readiness for switchover. It will need to protect the interests of consumers and guard against any anti-competitive behaviour. Legal separation of BT and Openreach The legal separation of Openreach from BT Group has the Government’s backing, and is critical to deliver better connectivity for consumers throughout the UK. We recognise the important steps that have been taken by BT Group and Openreach to implement legal separation, including: setting up the Openreach Board, responsible for setting Openreach’s strategy and overseeing its performance; and proper industry engagement on technology investment choices. The Government wants legal separation to be completed as soon as possible and for Openreach to address all the outstanding actions identified in Ofcom’s first progress report, particularly the transfer of staff from BT to Openreach. It is too early to determine whether legal separation will be sufficient to deliver positive changes on investment in full fibre infrastructure. The Government will closely monitor legal separation, including Ofcom’s reports on the effectiveness of the new arrangements. The Government will consider all additional measures if BT Group fails to deliver its commitments and regulatory obligations, and if Openreach does not deliver on its purpose of investing in ways that respond to the needs of its downstream customers. A World Leader in 5G We want the UK to have high quality mobile connectivity where people live, work and travel. Mobile coverage has significantly improved over recent years, with 87% of UK landmass having 4G coverage by at least one operator, up from 78% in 2017. Page 138
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Future Telecoms Infrastructure Review 10 Figure 1: UK 4G geographic coverage 0 25 50 75 100 June 16 June 17 Jan18 Geographic coverage (all operators) Geographic coverage (at least one operator) 21 43 57 63 78 87 Source: Ofcom (2018), ‘Connected Nations Spring Update’ Despite this progress, there remain areas where mobile connectivity must be improved. The Government has committed to extend geographic coverage to 95% of the UK by 2022 and so address these ‘not spots’. We have introduced changes to the Electronic Communications Code and to planning laws, to make it easier and cheaper to deploy mobile infrastructure. We are working with Ofcom on options to extend coverage. Alongside finishing the roll out of 4G networks to meet existing mobile demand, we want the UK to be a world leader in 5G to take early advantage of this new technology. We have set a target that the majority of the population will have 5G coverage by 2027. 5G is expected to enable both an evolution of existing mobile services and potentially revolutionary new services 5G is the next generation of mobile technology. It is likely to be deployed as an intricate patchwork of technologies, including advanced LTE, Wi-fi and New Radio, and will utilise a range of spectrum frequencies including re-farmed existing bands, new bands (below 6 GHz) and mmWave spectrum.10 The technical capabilities and performance characteristics of 5G are clear. 5G is expected to deliver faster and better mobile broadband services to consumers and businesses, and to enable innovative new services for industry sectors, including manufacturing, transport, immersive technologies and healthcare. Page 139
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Future Telecoms Infrastructure Review 11 Unlike previous mobile generations, 5G networks will not be homogenous. Deployment will be in phases rather than a ‘big bang’, and will likely vary by geography. The Review assesses that a realistic scenario is for a low capacity layer providing wide-area 5G coverage (using 700 MHz band), with high capacity in areas of high demand such as towns and cities (using 3.4 – 3.6 GHz band) and, over the longer-term, smaller hotspots of very high capacity (using mmWave bands). 5G deployment will be driven by competition and efficiency benefits The roll out of 5G will require significant investment by mobile network operators and other players in all network domains, including spectrum, radio access network infrastructure, fibre backhaul and core networks. The wireless sector will need to develop strategies to cope with this expected growth in network costs to meet future demand, including infrastructure sharing and new infrastructure models. The competitive dynamics in the mobile market, alongside the efficiency and capacity benefits of 5G, are likely to underpin the early business case for 5G investment. Mobile operators may seek to gain a competitive advantage by marketing 5G to existing and potential customers, and thereby spur a response from other operators to protect market shares. Mobile Network Operators (MNOs) are likely to deploy 5G first on existing sites to alleviate network congestion and efficiently meet the growing demand for data. Over time, MNOs are likely to use 5G-enabled innovations such as ‘network slicing’ to offer new services to industry sectors.11 5G is likely to see a greater deployment of small cells to provide extra capacity in specific locations such as city centres, local high streets, factories, and sports and entertainment venues. While there is some uncertainty over the business models for 5G, we expect it to create new revenue opportunities for existing operators and also open up opportunities for new players to enter the UK market. Market expansion – 5G will create opportunities for existing and new wireless players The Government’s strategic priority is to promote investment and innovation in 5G to ensure services and applications are widely available to the benefit of consumers and the UK economy. The Review concludes that there would be strategic advantages in a model that maintains the benefits of competition between multiple mobile network operators, while encouraging new solutions to connectivity challenges, such as small cell networks, indoor and rural coverage. The mobile network operators will be central to 5G’s successful delivery. 5G also creates the potential for market expansion with new infrastructure and service players. National mobile networks could be supplemented by ‘neutral host’ infrastructure to address the cost and practical challenges of, for example, small cell deployment in high demand areas, or to expand rural coverage. New private wireless networks could also serve new use cases, in particular locations such as factories, business parks, or rural communities. Enhanced mobile broadband services could be provided by existing mobile operators, alongside new 5G services for industry ‘verticals’ enabled by existing and new players. Page 140
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Future Telecoms Infrastructure Review 12 There is a clear role for policy and spectrum management in creating conditions that grow a competitive mobile market and support investment and innovation in 5G. The Review has identified four priority areas: • Make it easier and cheaper to deploy mobile infrastructure and support market expansion, including the implementation of the wide-ranging Electronic Communications Code (ECC) on site access and consideration of further planning reforms; • Support the growth of infrastructure models that promote competition and investment in network densification and extension; • Fund beneficial use cases through the Government’s £200 million 5G Testbeds and Trials Programme that helps de-risk business models for 5G; and • Promote new, innovative 5G services from existing and new players, through the release of additional spectrum. We should consider whether more flexible, shared spectrum models can maintain network competition between MNOs while also increasing access to spectrum to support new investment models, spurring innovation in industrial internet of things, wireless automation and robotics, and improving rural coverage. 5G is at an earlier stage of development than full fibre fixed services and so we will keep this strategy under review and return to areas as and when necessary. Convergence between Full Fibre and 5G In the longer-term, the Government expects to see a more converged telecoms sector. Fixed fibre networks and 5G are complementary technologies, and 5G will require dense fibre networks. In some places, 5G may provide a more cost-effective way of providing ultra-fast connectivity to homes and businesses. The technology synergies between 5G and fixed networks are likely to create strategic advantages for those operators that have interests in both. Those international markets with the best fibre infrastructure tend to be characterised by significant convergence and operators that have leveraged their assets for fixed and mobile services. Consumers will also benefit from an expansion of converged offers, allowing more seamless delivery of content and services across networks and enabling simpler billing and more flexible tariffs. The policy and regulatory framework should be sufficiently flexible and forward-looking to reflect the growing convergence between fixed and mobile networks and services. This could be achieved through: • Removing practical obstacles or barriers to converged networks given the benefits; • Considering access network requirements holistically, where appropriate, through unified market reviews; and Page 141
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Future Telecoms Infrastructure Review 13 • Allowing operators to benefit from unrestricted usage of Openreach’s passive infrastructure for the provision of mobile backhaul services. Next Steps This document sets out a national, long-term strategy for digital connectivity. Building infrastructure across the country to support world-class connectivity is a significant undertaking. The Government, Ofcom and industry must work together to make it happen. We will create the supportive policy conditions and will look to industry to attract the necessary capital, roll out the infrastructure and promote take-up. The strategy sets out a package of policy measures that the Government will take forward in the short-term. These are summarised in Section 5. We will shortly publish consultations on legislative changes to streamline wayleaves and mandate fibre in new builds. The EU’s new directive for electronic communications – the EECC – is currently under negotiation. It is likely to be adopted by the EU shortly. If adopted, we are minded to implement, where appropriate, the substantive provisions in UK law, on the basis that it would support the UK’s domestic policy objectives. This will enable the extension of market review periods to five years and provide mechanisms to aid fibre network roll out in certain areas. The conclusions of the Review will also form the basis of the Government’s Statement of Strategic Priorities to Ofcom, setting out the strategic objectives and outcomes that the regulator should have regard to in the exercise of its regulatory functions. In particular, the Statement will emphasise the importance of promoting investment as the key to achieving the UK’s connectivity ambitions. The delivery of this national strategy is a core part of the UK’s Industrial Strategy and is of fundamental importance to the country’s future global competitiveness. We will, therefore, monitor progress on an annual basis and undertake a full review of the strategy’s impact after three years. At this point, we will consider all additional measures if not satisfied that the strategy is on track, including actions, if necessary, in those parts of the country that have not benefited from competitive deployment, but where operators could reasonably have been expected to have deployed fibre networks over this period. The Government will consider the more widespread use of ‘competition for the market’ mechanisms to ensure the roll out of fibre networks in those parts of the country. Page 142
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1: INTRODUCTION Page 143
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Future Telecoms Infrastructure Review 15 Introduction 1.1 The Government’s connectivity ambitions 1. The UK has good digital connectivity to meet the needs of today’s consumers. We compare well internationally for superfast broadband availability. Mobile coverage is also improving, 87% of UK landmass has a 4G signal from at least one operator (compared to 78% in 2017). However, the UK must prepare for the future. Demand for high capacity, reliable broadband will increase – particularly as homes, businesses and infrastructure become smarter. 2. The UK has only 4% full fibre connections and lags behind many of our key competitors. For the UK to be the best place to start and grow digital businesses, we will need much greater investment to build fixed and wireless networks that are fit for the future, and take advantage of the benefits of fixed and mobile convergence. Figure 2: How UK compares internationally on superfast and full fibre broadband (as %) 100 80 60 40 20 0 Superfast (NGA) Full Fibre South Korea Spain Portugal France Germany Netherlands JapanUK 4 85 71 89 52 28 84 7 32 95 99 97 10099 95 98 Source: Ofcom (2017), ‘International Communications Market Report; Ofcom (2018), ‘Connected Nations Update’; European Commission (2018), ‘Study on Broadband Coverage in Europe’ Page 144
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Future Telecoms Infrastructure Review 16 3. When looking at the speed, resilience and reliability that consumers will rely on and businesses will need to grow, it is clear that full fibre and 5G is the answer. Wide-scale deployment of these next generation technologies will be key to the UK remaining globally competitive, and support the regional rebalancing of the economy by creating new opportunities, in areas like health, education and public services. 4. The wide-scale deployment of these next generation technologies will underpin the UK’s modern Industrial Strategy. Our Industrial Strategy sets out four Grand Challenges in areas where the UK can lead the global technological revolution. We must ensure that we have the digital connectivity to: put the UK at the forefront of the artificial intelligence and data revolution; to maximise the advantages for UK industry from the global shift to clean growth; to become a world leader in shaping the future of mobility; and to harness the power of innovation to meet the needs of an ageing society. We want every part of the UK to be able to benefit from these significant economic developments. 5. The Government has set ambitious targets on full fibre and 5G connectivity. These build on its Digital Strategy for making the UK the best place in the world to start and grow a digital business, and ensuring that our digital economy works for everyone. The Government is committed to 15 million premises connected to full fibre by 2025 and nationwide coverage by 2033. We also want to be a world-leader in 5G, with the majority of the population covered by 5G networks by 2027. 6. Achieving these targets will require the national roll out of gigabit-capable networks at pace, and significant investment in 5G infrastructure and services. The FTIR was set up to identify the market and policy conditions that could help secure this investment. 1.2 The benefits from world class connectivity 7. There is widespread evidence and agreement on the significant and long-lasting economic benefits from improved connectivity: • Work commissioned by the NIC estimated net benefits from investment in FTTP with 100% coverage of up to £28 billion (in present value terms) by 2050.12 13 This is before taking account of the potential for FTTP to deliver wider economic benefits, for example, improvements in productivity.14 • A recent study commissioned by Ofcom finds that investment in broadband has had significant benefits to the UK economy and that increased connectivity has a positive relationship with economic growth and productivity.15 • A recent study undertaken for Cityfibre has predicted that the total economic impact of deploying ‘full fibre’ (FTTP) broadband networks across 100 distinct UK city and towns, could reach £120 billion over a 15 year period.16 8. We consider that it is important that network supply stays ahead of demand, otherwise it risks becoming a constraint on the potential for future innovation, productivity and growth. Page 145
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Future Telecoms Infrastructure Review 17 9. The capabilities of FTTP go far beyond what can be provided over existing copper based services, with FTTP being able to provide gigabit services. The increased reliability and resilience of fibre services is also key. They will not only give consumers the quality of service they are demanding, but will also give businesses the certainty they need to grow. 10. There are long-term benefits for network operators. As well as improved quality of service, full fibre networks are more reliable and we would expect much lower maintenance time and costs compared to copper lines, with Ofcom estimating there were faults on over 12% of Openreach’s copper lines in 2015.17 This brings much lower operational costs over the life of the asset. Rather than focus on repairs, operators can continually improve their network, leading to long-term efficiency savings and better performance. This has positive knock-on effects. Service providers have a more competitive platform over which to sell services, and are able to guarantee consumers the services that they are paying for. This will result in a more competitive and dynamic retail market giving choice to consumers. 11. Full fibre is also an enabler of 5G. 5G is the first generation of mobile technology designed to support multiple applications, from mobile broadband and entertainment services, to industrial applications such as robotics and logistics. 12. The Government’s previous 5G strategy publications explained how 5G has the potential to transform communications. It could impact almost all areas of life, from health and social care, to transport and agriculture, through to the provision of ultrafast wireless broadband connections. 5G also offers huge potential economic benefits.18 A recent EU study estimated that in 2025 benefits from the introduction of 5G capabilities could reach €113.1 billion per year across the region.19 The UK’s 5G ecosystem is growing rapidly, with a wide range of players across the commercial and public sectors. The widespread availability of 5G networks could give the UK’s tech companies a head start in creating the next generation of products and services.20 Page 146
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Future Telecoms Infrastructure Review 18 Figure 3: Examples of potential benefits arising from 5G21 Improved connectivity: Faster and more reliable 5G connectivity for users in a range of environments, including on road and rail networks, in dense areas and even at home. • Potential benefits: Increased consumer value and productivity gains New consumer devices and services: Smart devices and services enabled by 5G, from immersive media and entertainment through new healthcare wearables to connected and autonomous vehicles • Potential benefits: A variety of consumer and business benefits driven by innovation New IoT solutions: Opportunities for more advanced asset tracking, remote control, predictive maintenance and sensor-enabled optimisation of processes across sectors • Potential benefits: Increased productivity Smarter infrastructure and public services: Street lighting, traffic management systems, energy grids and other areas could be enhanced by 5G connectivity • Potential benefits: More efficient and secure service delivery, environmental benefits Source: Deloitte (2018), ‘The impacts of mobile broadband and 5G. A literature review’ 1.3 Scope of the Review 13. The FTIR was announced in the Government’s Industrial Strategy, with the aim of examining the market and policy conditions that will enable greater investment in future telecoms infrastructure at pace. The Review also addresses key questions that could affect the evolution of the UK’s digital infrastructure such as the convergence between fixed and mobile technologies, and the transition from copper to full fibre networks. 14. The Review builds on the Government’s existing work to improve the business case for future infrastructure investment through its Local Full Fibre Networks and 5G Testbeds and Trials programmes, the Digital Infrastructure Investment Fund, and business rates relief for fibre networks. 15. The strategic priorities set out in this Review will form a key part of the Government’s Statement of Strategic Priorities for Ofcom. As per the Digital Economy Act 2017, the Statement will set out the Government’s priorities in relation to telecoms and spectrum, which Ofcom must have regard to when carrying out its regulatory functions. 1.4 Our approach 16. In December 2017, we launched a public Call for Evidence that sought views on the conditions that would unlock investment in world-class fixed and mobile networks.22 We have received, and have carefully considered, responses from industry, consumer groups, investors and other stakeholders.23 Page 147
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Future Telecoms Infrastructure Review 19 17. Since then, we have engaged extensively with stakeholders and experts to ensure we consider the best-possible evidence in our analysis. We have also used a range of other sources to inform our thinking – including commissioning an assessment of global broadband markets, and economic analysis of the competitive dynamics in the UK fixed and mobile markets.24 18. We have used this analysis and evidence base to identify the optimal market models for fixed and mobile, and the supporting policy and regulatory conditions. We have considered the various options across a range of criteria including the extent of coverage, pace of coverage, the costs and outcomes for consumers. 1.5 Structure of this report 19. This report (and supporting annexes) sets out the evidence we have considered, our analysis and our conclusions. The remainder of this report is structured as follows: • Section 2 discusses the full fibre market and sets out the policies and market conditions that are required to underpin investment to achieve our targets; • Section 3 discusses the 5G market and sets out the policies and market conditions required to underpin investment in 5G networks and services; • Section 4 discusses convergence in fixed and mobile markets, and how policies will seek to unlock the benefits of convergence; and • Section 5 sets out the next steps to deliver world class digital connectivity for the whole of the UK. Page 148
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2: FULL FIBRE CONNECTIVITY Page 149
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Future Telecoms Infrastructure Review 21 Full fibre connectivity 2.1 The UK fixed telecoms market 20. The UK telecoms market has been transformed over the past two decades by competition and innovation. The market for fixed telecoms services comprises a number of providers operating at the national level, with some others in specific areas of the UK. Market today The retail broadband market is characterised by strong competition with consumers having a range of services to choose from. BT holds a 37% market share, followed by Sky (24%), Virgin Media (20%), TalkTalk (12%) and other providers making up the rest of the market.25 • BT is the incumbent provider with the largest national network. In 2017, BT voluntarily agreed to the legal separation of Openreach (responsible for operating the ‘last mile’ of BT’s access networks) which had been operationally separate since 2005. Openreach is required to provide regulated access to its network to retail communications providers such as Sky, TalkTalk, and BT’s own retail division, on fair, reasonable and non-discriminatory terms.26 Since 2010, Openreach has also been required to provide access to its ducts and poles with the intention of allowing rival network operators to build their own networks using this passive infrastructure. • Virgin Media owns the second largest fixed communications network in the country, covering over half of all households. Over the last decade, the development of DOCSIS technologies has enabled Virgin Media to upgrade its networks to provide superfast and ultrafast services to customers with a road map to gigabit services. Virgin Media is vertically integrated, but unlike BT, it does not provide competitors with access to its network. • KCOM operates a retail and wholesale network solely in the Hull area. • There has also been the emergence of alternative fibre providers in recent years. CityFibre provides wholesale-only full fibre infrastructure in over 40 cities across the UK. • Hyperoptic is a vertically integrated provider which focuses on building FTTP networks in urban areas, primarily to multi-dwelling units (MDUs). • Gigaclear is a rural FTTP operator which has been rolling out networks in harder to reach areas, and more recently working with BDUK to roll out fibre to areas that would not have been targeted commercially. • There are also a number of smaller providers who are building Fixed Wireless Access and FTTP networks through new and innovative business models, such as B4RN which has used community digs and funding to deploy networks at a lower cost, and Warwick Net which has focussed on business parks, where the existing infrastructure tends to be newer, by using Openreach’s PIA product. Page 150
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Future Telecoms Infrastructure Review 22 Regulatory and policy approach 21. Since its inception in 2003, Ofcom regulation has focussed on promoting competition at the retail level through regulated access to BT’s copper networks. This has been successful in creating a competitive and dynamic retail market, with decreasing prices and consumers having a range of services and providers to choose from. Since the start of this decade, there has been an increased emphasis on promoting investment in superfast networks (networks that offer speeds of 24 Mbps or more), which has driven substantial progress in expanding broadband coverage.27 22. However, Ofcom recognised that this approach provided limited incentives for BT to upgrade the fixed network to full fibre and limited opportunities and incentives for others to invest in their own networks. Ofcom’s Strategic Review of Digital Communications in 2015 led to a strategic shift towards encouraging investment in competing full fibre networks, and away from reliance on BT’s existing copper-based network. 23. Ofcom’s current regulatory approach is characterised by multiple levels of regulation, to promote infrastructure and retail competition through access regulation.28 It also largely follows a national, rather than geographically differentiated, approach to regulation. Actions to support full fibre roll out Government: • The £400 million Digital Infrastructure Investment Fund will unlock over £1 billion for full fibre broadband, and kick-start better broadband connections across the country. • The £200 million Local Full Fibre Networks (LFFN) Challenge Fund is open for local bodies to bid into, to stimulate commercial investment in full fibre networks in both rural and urban locations across the UK. • A further £67 million will fund the Gigabit Broadband Voucher Scheme for small businesses and the local communities to contribute to the cost of fibre installation. • Funding of £35 million to deploy fibre and 5G connectivity along the Trans-Pennine Rail route. • Five year business rates relief on full fibre investments. Ofcom: • Facilitating market entry by making it cheaper and easier for network competitors to reuse BT’s existing network of underground ducts and telegraph poles. • Reform of Openreach to a legally separate entity, with a greater openness to different models of investment and risk sharing, and stronger incentives to be responsive to all its customers, including in its consideration of technology investment choices. • Continuing pricing flexibility for BT’s wholesale services with speeds above 40 Mbps to support incentives to invest in fibre network build. • Maintaining access and pricing controls on Openreach copper network to protect consumers in the transition to greater network competition. Page 151
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Future Telecoms Infrastructure Review 23 2.2 The case for change 2.2.1 There has been some progress but more needs to be done 24. There has been positive progress on gigabit-capable network roll out. The UK today has over 1 million premises connected to full fibre, with increasing commitments and interest from industry and investors. These investments are not just in towns and cities, but also in rural areas, with roll out by a range of providers. Investments in FTTP • Openreach has committed to connecting 3 million premises by 2020, with 10 million premises connected to full fibre by the mid 2020s. They term this their ‘Fibre First Programme’ and it is subject to a number of enablers, including reducing costs, increasing demand and a supportive policy framework. Virgin Media has been implementing its Project Lightning programme since 2015, announcing in February 2018 that it had passed 1 million of the projected 4 million households (which it intends to pass by 2020); 50% of which is forecast to be FTTP and 50% DOCSIS. Upgrades via DOCSIS 3.1 equipment will allow the cable network to offer gigabit services and will have a key role to play in delivering future connectivity and competition. • Gigaclear, Cityfibre and Hyperoptic have raised significant funds since 2016 to support the expansion of their networks. Gigaclear and Cityfibre now pass around 100,000 households today with coverage increasing, while Hyperoptic passes around 500,000 premises and is scaling quickly. Hyperoptic and Gigaclear both raised around £100 million in 2017, with the former targeting 2 million households passed by 2022 and the latter looking to connect a further 150,000 by 2020. Cityfibre recently announced a strategic partnership with Vodafone which will involve itpassing 1 million households by 2021, with the possibility of expansion to a further 4 million households by 2025. • TalkTalk announced in February 2018 that it will participate in FTTH deployment with Infracapital to serve over 3 million homes and businesses in mid-sized towns and cities. • KCOM announced that it is extending its Lightstream Programme to connect 200,000 premises with FTTP by March 2019. • Community Fibre has connected or in the process of connecting 160,000 homes and business units in London, and has used the Digital Infrastructure Investment Fund to generate more capital. It plans to increase its coverage by passing 500,000 homes and businesses by 2022. • A number of specialist providers are investing in niche markets, for example CallFlow (now relaunched as Trooli) which is investing using Duct and Pole Access (DPA) only, B4RN relying on community funding, and TrueSpeed, SSE Telecoms, WightFibre, Wessex Internet, COLT, exponential-E, Pinacl, VX-Fibre, Zayo all have growing fibre networks. 25. While these plans target over 20 million connections by 2025, there will be a degree of overlap as a number of these premises are in the same towns and cities meaning that homes will likely be served by more than one network. Page 152
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Future Telecoms Infrastructure Review 24 26. Under current market and policy conditions, our analysis suggests that FTTP coverage will, at best, only ever reach three quarters of the country, and take more than 20 years to do so. The remaining premises would be left without access to full fibre networks. Many of these premises will be in harder to reach, rural or other costly areas where investment in FTTP is not commercially viable. Some of these areas may be able to support at least one commercially funded network but suffer from operators holding off their investments due to strategic uncertainties (so-called ‘hold-up’ problem). 2.2.2 Characteristics of full fibre investment 27. Investment in full fibre networks is risky which means that investors will need to secure higher, long-term rates of return to be willing to invest. This is because: • Sunk costs: A high proportion of the costs of building networks are sunk (i.e. ‘one-off costs’ incurred in assets that cannot be diverted to other uses) and incurred before sales; • Demand risk: Whilst the industry appears confident about the long-term demand for higher quality, reliable broadband services, there are substantial demand risks. Uncertainty remains about mass market willingness to pay for higher speeds. This can be expected to impact on the pace at which people migrate to full fibre services and on the price premium that networks can charge. Individual networks also face the risk of competition from rival full fibre networks. • Long pay-back periods and regulatory uncertainty: Full fibre networks are long-lived assets, the costs of which investors can expect to recover over a long period. This could be 15 to 20 years, or even longer. Risks associated with uncertainty about future market conditions is inevitable over such long periods. Long pay-back periods are made more risky by the possibility of regulatory change; and • For the incumbent: Deploying new technology will make existing copper assets obsolete. This has the effect of reducing its incentives to invest in full fibre networks. 28. The Review has sought to identify measures to mitigate these risks, whilst recognising that there are also benefits that investment in full fibre can bring. These include the benefits of defending against improving competition, offering new value added services to consumers and businesses, and the value of greater reliability and resilience. Page 153
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Future Telecoms Infrastructure Review 25 Delivering Fibre Networks Costs As part of the Review, we undertook analysis of the likely economics of fibre deployment. This includes analysis by Frontier Economics, a Call for Evidence, follow-up engagement with industry and other stakeholders and using the work of the NIC on the cost of fibre infrastructure roll out.29 30 The evidence indicates that fibre deployment costs today are broadly uniform across almost two thirds of the UK, beyond which costs begin to rise and become more uncertain. The total level of investment required for the national roll out of full fibre is estimated to be in the region of £30 billion. We would expect to see downward cost pressures as network operators build at scale, refine their build processes and innovate with new techniques. This trend is observable in countries with extensive fibre deployments. Build rates As of January 2018, we had 1.2 million premises passed with FTTP, up from 840,000 in May 2017.31 This shows that roll out is beginning to pick up pace. There are challenges to how quickly the industry can move to higher build-rates. Evidence from industry and other countries suggests that a peak build rate in the region of c.3 million per annum is achievable, but it will take time to scale-up. By removing barriers to deployment we can help industry reach peak build rates more quickly, particularly through a more streamlined wayleave process, ensuring new build connectivity and a uniform approach to civil works (see section 2.4). 2.3 We will create an environment to support investment 29. We need a policy and regulatory approach that will help create the conditions to accelerate at-scale fibre investment and extend coverage across the whole UK. There are two broad types of market model that use different levers to address barriers and create incentives for commercial investment: • Models of ‘competition in the market’: These models rely on encouraging competition between operators to drive investment. Competitive models could range from those that seek to promote competition at the retail layer only, to those that rely on network competition. • Models of ‘competition for the market’: These models would give network operator/s exclusive build and operating rights to specific geographies (e.g. localised franchises) or nationwide (e.g. a national nominated provider). Each area would have a single wholesale network operator who competes for the right to serve a given market. 30. These models are not mutually exclusive. It is possible to combine their various aspects to reflect the differing potential for commercial investment in different parts of the country. Page 154
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Future Telecoms Infrastructure Review 26 2.3.1 How we assessed these models 31. To test which model, or combination of models, would deliver the best outcomes, we have considered a range of criteria – including the extent of coverage, the pace of roll out, the costs, the incentives to improve quality and innovation over time, and feasibility. 32. We have assessed the models both quantitatively and qualitatively against these criteria.32 For the ‘competition in the market’ option, we have examined the roll out of full fibre networks by BT/ Openreach and by alternative network providers, to assess the pace and coverage of roll out and the intensity of competition. For ‘competition for the market’ options, we have considered the relative merits of a single national nominated provider and regional franchises. We also commissioned NERA to assess how different market models have been adopted internationally.33 2.3.2 What we see internationally 33. A variety of these models have been adopted internationally. Countries which have relied on market-based infrastructure competition have generally experienced higher levels of FTTP coverage – Spain (71%), Portugal (89%) France (c.28% and increasing quickly).34 This was supported by access to passive infrastructure, deregulation of wholesale access and pricing, network sharing and co-investment by operators and the convergence of fixed and mobile markets. 34. The scale of FTTP coverage tends to correlate with the level of network competition. France, Spain and Portugal possess certain characteristics (e.g. higher number of apartment blocks and very high quality ducts) that are more favourable than in the UK, and there are also other factors including different telecoms network architectures that mean FTTC networks are less prevalent, especially in France with relatively long sub-loops. However, the policy and regulatory lessons from these countries are relevant and could be adopted. Conversely, Germany’s incumbent operator was subject to ex-ante regulation in the form of wholesale access obligations which has resulted in much lower FTTP coverage (c.7% coverage). Germany is the most similar to the UK in terms of existing legacy/cable networks, distribution of population, and regulatory conditions that supported upgrades to VDSL rather than FTTP roll out which, like in the UK, has resulted in high superfast coverage of 82%.35, 36 35. The closest example to a single national provider model is Australia. A major risk of this option is not receiving a compliant or suitable bid to roll out, which occurred in Australia. The outcomes were slow delivery, expensive roll out and an eventual freezing of the market via a state-run monopoly. 36. New Zealand and Sweden have relatively high FTTP coverage as a result of Government-led roll out schemes, but their circumstances are very different. The approaches taken reflect different starting-points to the UK, with significant structural differences. New Zealand is largely rural with a relatively small number of premises, and Sweden’s model is based on local authorities’ historic investment in networks. New Zealand’s local franchising approach has been largely successful, although it has required significant upfront public subsidy. Page 155
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Future Telecoms Infrastructure Review 27 37. In areas not commercially viable, most countries have supported FTTP roll out with significant levels of public subsidy. 2.3.3 Our preferred model promotes competition where possible but intervention where necessary 38. The Review’s conclusion is that the most effective way to deliver the Government’s priority for full fibre is to promote competition where possible, but to intervene where necessary. This approach combines the benefits of network competition where the market can sustain it with ‘competition for the market’ mechanisms and/or additional funding where necessary in other areas. 39. This model relies on creating the right conditions to enable competition between network providers and a race to roll out fibre services, as the key driver of investment. There are significant benefits to consumers from network competition, versus competition based on access on regulated terms to BT’s networks. Ofcom highlighted these benefits as part of their recent Wholesale Local Access (WLA) review, recognising that: “Network competition is therefore a powerful driver of continued investment in high quality networks, delivering long-term benefits to consumers. By exposing more of the value chain to competition, network competition also provides strong incentives for firms to innovate, to become more efficient and reduce costs.”37 Network competition provides alternative operators with full control over the services provided, allowing them to differentiate and provide customers with higher quality services. Incumbent network owners are forced to invest rapidly in order to avoid losing market share. Network competition in the UK Historically, network competition has driven investment in network quality and speeds in the UK: • One of the factors that drove BT to accelerate the launch of its initial broadband service was cable broadband getting to market first, and quicker than BT anticipated. • BT announced its roll out of superfast broadband shortly after Virgin Media’s upgrade to DOCSIS 3.0. • BT’s recent announcement on G.fast investment plans was made in the context of Virgin Media offering a maximum service speed of 200 Mbps compared to a maximum of 80 Mbps available from Openreach using its FTTC network. • The announcement of significant investment by alternative network operators has coincided with BT’s new investment plans for full fibre. 40. We expect different parts of the country to be able to support different levels of network competition: • Given the relatively low costs of deployment per household, at least a third of UK households, (with the potential to be substantially higher) are likely to be able to support three or more competing gigabit-capable networks. • Upto half (or lower if there are more three network areas) of premises are likely to be in areas that can support competition between two gigabit-capable networks. Page 156
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Future Telecoms Infrastructure Review 28 • Network competition will not be possible in all areas of the country. The remainder (c.20%) is likely to be made up of areas that can only support a single network, and some areas may need additional funding to do so. 41. These market variations suggest a regulatory framework that is geographically differentiated (see section 2.6). While this would mark a change from the way the wholesale local access market is currently regulated, such a model would be compatible with telecoms legislation. 42. By contrast, ‘competition for the market’ models which seek to confer exclusivity rights on operators in prospectively competitive areas would be a departure from the current regulatory framework. This would require significant legislative change to deliver, leading to implementation delays and impacting the pace of roll out. Meanwhile, the market would likely take a wait-and-see approach when deciding whether to invest, potentially freezing investment for a number of years. 43. These models would see limited longer-term benefits from competition-driven innovation, lower prices and better consumer outcomes. In addition, in areas where existing fibre providers (and potentially other ultrafast providers) did not win the rights to build FTTP networks, Government would likely have to compensate providers for their losses. These factors are likely to significantly offset any static cost benefits that arise from single network build and reduced duplication of assets. 44. The success of the preferred market model will depend on getting five things right: 1. Making the cost per premises as low as possible by addressing barriers to deployment, which are delaying and increasing the cost of deployment (section 2.4); 2. Supporting market entry and expansion by alternative network operators, by reducing demand risk and through easy access to Openreach’s ducts and poles, complemented by access to other utilities’ infrastructure (for example, sewers) (section 2.5); 3. Stable and long-term regulation that incentivises network investment (section 2.6); 4. An ‘outside in’ approach to deployment that means fibre build across the country is achieved in parallel, and no areas are systematically left behind (section 2.7); and 5. A switchover process that stimulates demand for full fibre networks. 45. The total level of investment required for the national roll out of full fibre is estimated to be in the region of £30 billion.38 We would expect to see incremental revenue from the delivery of more valuable services to help pay for this investment. At the same time, earning a return on this large- scale investment will require the mass take-up of full fibre services. A range of competitive fibre products and pricing will be important to encourage the migration of the existing customer base from copper networks. 46. The security and resilience of the UK’s telecoms networks is also of paramount importance. The Government expects operators to invest in the security and resilience of the new networks, and build effective supply chain relationships that support this. Page 157
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Future Telecoms Infrastructure Review 29 2.4 Addressing the barriers to deploying networks 47. The Government has set up a Barrier Busting Task Force to investigate and tackle barriers to the deployment of digital infrastructure. We know that investment cases are sensitive to build costs, which can be impacted by national and local issues. The Task Force aims to address the supply-side barriers to deployment in order to give greater certainty and lower the cost of building networks, enabling the market to deploy as fast and as far as possible. 48. The Task Force has focused efforts in three areas: • Access agreements (or wayleaves), especially in relation to properties with disengaged landlords; • New build connectivity, building on the voluntary agreements some operators have with the Home Builders’ Federation to ensure full fibre connections for new developments; and • Street works, promoting a uniform approach to maintaining the physical condition of roads and keeping road closures to a minimum, to make deployment easier and quicker. 49. We will be bringing forward new primary legislation to address issues with wayleaves and new build connectivity. We intend to deliver these changes in the next Parliamentary session. We are also publishing best practice for street works and wayleave issues, showcasing what has worked well in some parts of the country and encouraging local bodies to adopt progressive, pro-investment practices. 50. In addition, the Government has already supported fibre investment by introducing a five year relief from non-domestic rates (otherwise known as business rates) in April 2017. 2.4.1 Wayleave agreements for accessing property or land 51. Wayleaves are agreements between operators and site occupiers to install infrastructure on or over their land. The Electronic Communications Code was reformed in 2017 to give operators more rights and remove the prospect of so-called ransom rents being charged by landowners. It also amended the dispute resolution route from county courts to the Lands Chamber of the Upper Tribunal in England and Wales, and the Lands Tribunal in Scotland (recognising the specialist experience of these Tribunals in dealing with property issues).39 52. Despite these reforms, operators have told us that they continue to experience significant challenges gaining access to buildings because of the number of landlords who are not known or not interested. This can result in tenants being unable to receive the service they want. This problem is particularly acute for multi-dwelling units, large office blocks and business parks where multiple households and businesses can be prevented from improving their connectivity. Page 158
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Future Telecoms Infrastructure Review 30 53. One operator has told us that there are around 750,000 premises which they could connect to ultrafast services, with minimal civil works, if they were able to agree wayleaves with landlords. With the economics of delivery placing an emphasis on high speed deployment there is an active disincentive for operators to consider connecting properties where there is potential for delay. Openreach have told us that they set aside up to 12 months for cases where they encounter an absent landlord and have to seek redress through the courts. Openreach have also told us that in the City of London alone, they have been unable to connect 7,500 tenants (76% of those in scope) to ultrafast broadband due to a failure to agree a wayleave with landlords. 54. We do not think it is acceptable for landlords to be able to deny their tenants a service if an operator is prepared to provide it. We want to bring telecoms operators in line with the gas, energy and water sectors by providing a ‘right to entry’, where a landlord is given notification of an operator’s intention to access a property, with a magistrate providing the warrant to entry. 55. We will consult on the detail of this measure in the autumn. To support deployment in the short-term, we are producing a toolkit highlighting best practice and guidance, including template agreements for wayleaves. This will give all parties a firm starting point for commercial negotiations. This will be published in the autumn. 2.4.2 New builds must be connected to fibre networks 56. The majority of new build developments have historically been connected via either copper only connections – often with long line lengths to the nearest exchange – or more recently part- fibre/part-copper connections. The telephony Universal Service Obligation required only functional internet access (effectively a dial-up connection). Connectivity to new build developments is not as good as it should be, with the majority of developments being supplied with connections which are at least part-copper.40 This is an improving picture, due to the voluntary building sector agreements between Openreach, Virgin Media and GTC. However, it is clear that there will be some new developments that will not receive full fibre connectivity, as it is either too expensive for the operator to provide this alone, or because there is no compulsion on developers to provide connectivity. 57. The Government is looking to improve the housing supply in the UK, and has an ambition of building 300,000 new homes a year over the next few years. We will ensure that the ambitions of significantly increasing the housing stock and world-class digital infrastructure are aligned. It makes practical sense to ensure that these new developments have future-proofed full fibre connectivity wherever possible. 58. Therefore, we are proposing new legislation to ensure all new build developments where appropriate are connected with full fibre which offers choice at the retail level for homeowners. We will look at what can be done through existing legislation, for example building regulations, or whether new legislation may be required. We intend this new legislation to be a backstop provision, designed to ensure that the commercial negotiations between developers and operators (as evidenced by the voluntary agreements) are not affected. We propose to place a joint obligation on Page 159
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Future Telecoms Infrastructure Review 31 both operators and developers. We propose that lower and upper thresholds of cost per premises are applied, recognising that in some cases there are significant costs of building from the edge of the development to the network. We will consult on the detail of this measure in the autumn. 2.4.3 A consistent, collaborative approach to street works 59. We have developed measures to have a marked impact on how operators and authorities can work together to ensure that deployment happens at scale and pace, while minimising the impact on road users and ensuring the integrity of the roads. 60. Operators have told us that inconsistent interpretation by local authorities of laws designed to minimise the impact of street works and in particular local variations in permit schemes are barriers to deployment. This creates uncertainty for both operators and investors. 61. Local authorities argue that operators take an inconsistent approach to sharing their plans for network deployment, meaning that local authorities are unable to coordinate works effectively and that the quality of the work and reinstatement of the road and footway is often poor. This has bred a culture of mistrust in some areas and means that local authorities are often unwilling to consider quicker, more innovative deployment techniques, such as narrow trenching. 62. Our aim is to ensure a uniform approach across the country, with both local authorities and operators promoting a collaborative and flexible approach, based on consistent policies, as well as early and proactive engagement. 63. The Task Force has worked with local authorities and operators to develop a best practice and guidance toolkit for street works – ‘A Framework for Fibre: Street Works’.41 The toolkit aims to improve consistency between local authorities by sharing good practice examples of permit schemes and other approaches. The toolkit outlines the approaches that both authorities and operators should take in order to ensure deployment happens quickly and to a high standard. It includes a number of tools, including standard non-disclosure agreements and case studies of what has worked well and why. The toolkit has been agreed by Street Works UK on behalf of operators, and the Joint Authorities Group on behalf of local authorities. 64. In addition, as part of a wider strategic approach to street works, the Department for Transport is proactively delivering projects to reduce the impact of street works on congestion, support the effective planning, management and communication of works, and improve consistency and quality of work. These include the development of the new ‘Street Manager’ digital service which will improve coordination and planning between utility providers and local authorities. Additionally, a review of the Specification for Reinstatement of Openings in Highway (SROH) code of practice is underway, which will assist the approval process for innovative techniques and materials, including narrow trenching. DfT will continue to identify areas for further improvements that will minimise the impact of street works on road users, and assist the deployment of infrastructure. Page 160
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Future Telecoms Infrastructure Review 32 Addressing local deployment issues 65. The Task Force has also engaged with operators and local authorities in current deployment issues, where roll out of infrastructure has stalled. In almost all cases, the issues were indicative of wider strategic concerns which the above measures will help resolve. Key successes have included: • Caerphilly – mediation between Virgin Media and Caerphilly County Council to lower administration costs and establish market-level wayleave price. Secured expansion of the ultrafast broadband network to 45,000 homes. • Dispute between Northumberland County Council and National Parks England – worked with the operator on a solution with most of the build now going underground. Secured superfast broadband for 125 premises in a very rural area. • Provided clarity of legal position for wayleaves for local authorities regarding social housing, making investment possible for an additional 2,500 premises in the Cityof York. 2.5 Promoting market entry and expansion for new network operators 2.5.1 Promoting passive infrastructure reuse is key 66. Civil works, in particular installing ducts and poles, comprises around 70% of the costs of deploying fibre networks.42 Reusing existing infrastructure can significantly reduce the time it takes to roll out a new network. Ofcom estimates that while it can take days to build 200 metres of duct using traditional construction methods, fibre cables could be installed in the same length of existing duct in a matter of hours.43 67. Ofcom recently strengthened the requirements on Openreach to allow other providers to use its ducts and poles on a national basis. The Duct and Pole Access (DPA) remedy allows for other providers to access ducts and poles “as easily as BT itself using (as far as is possible) the same processes, service levels, systems and digital data maps”. Rental prices were also halved.44 Ofcom expects this to reduce up-front deployment costs by around 50% and reduce deployment time. 68. It is imperative that Openreach fully implements these requirements to open up its passive infrastructure. If the evidence shows that this remedy is not being implemented properly, we will consider all options with Ofcom to ensure compliance. 69. There are existing provisions such as the Communications (Access to Infrastructure) Regulations 2016 (the 2016 Regulations) which allow for communications providers to access physical infrastructure owned by other utilities on commercially negotiated terms.45 This has had limited success in the UK to date, particularly given the complexities of negotiating contractual terms that work for parties with different levels of risks and needs. Page 161
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Future Telecoms Infrastructure Review 33 70. Making sure existing, non-telecoms infrastructure can be used, as far as possible, is critical to enabling deployment at pace and supporting market entry. This could be achieved through: 1. Recognising convergence and access network requirements holistically, where appropriate, through unified market reviews – this is discussed further in section 4; 2. Where ducts and poles are not available or ineffective, there should be other options to enable market entry and expansion by alternative networks, such as dark fibre; and 3. Encouraging passive sharing with other utilities by addressing barriers. 71. These measures are also necessary to support the Government’s 5G and convergence strategies, which are covered in sections 3 and 4. Where ducts and poles are not available or ineffective, there should be other options to enable market entry and expansion by alternative networks 72. Access to ducts is only possible when there is space available. Existing DPA remedies include ‘ready for use’ provisions under which Openreach must repair faulty infrastructure and clear blocked tunnels where necessary for providers to access them. While these provisions lead to space being made available, they do not provide adequate safeguards for areas where ducts are full (even after re-organising cables, for example). 73. Some countries, for example Portugal, have mitigated this by introducing dark fibre backstop remedies, whereby the incumbent must provide access to dark fibre in areas where the DPA product is not sufficient. In Spain, Telefónica has an obligation to provide a dark fibre connection in cases where no spare capacity in its ducts is available. Where ducts and poles are not available, there should be other options to enable roll out by alternative networks, for example, through dark fibre access as a backstop remedy. We encourage Ofcom to consider the regulatory options, in ways that do not undermine the case for operators to invest in their own networks using duct and pole access.46 Encouraging passive sharing with other utilities by addressing barriers 74. There are further benefits to be had from extending the reuse of existing passive infrastructure which could be complementary to using existing Openreach infrastructure. These opportunities are recognised in the 2016 Regulations. 75. These Regulations require infrastructure operators to provide access to their physical infrastructure on fair and reasonable terms to communications network providers for the purposes of deploying elements of a high-speed network.47 This obligation applies to telecoms network providers as well as infrastructure operators in other sectors including gas, electricity, water and sewage and drainage systems, heating and transport services. The aim is to reduce the cost of deploying high-speed electronic communications networks. Page 162
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Future Telecoms Infrastructure Review 34 76. The potential for the reuse of infrastructure assets includes not only the re-use of multi- utility ducts and poles, but also pipes in the case of water, sewers and gas, and fibre embedded in power cables. Ofcom issued guidance at the end of 2016 and, at the time, said that it would keep this guidance under review as more information becomes available on the demand for access to particular infrastructure. 77. We are seeing many examples of commercially-led infrastructure sharing emerge across the country, both within the telecoms industry and also with other utilities: • SSE and Zayo have partnered with Thames Water to use sewer networks to deploy fibre networks in urban areas across the country, including London. • Gigaclear is running fibre optic cables under the Clifton Suspension Bridge, extending gigabit connectivity from Bristol into North Somerset. • ‘Dig once’ policies: when there is any civil digging in an area, spare ducting – which can hold fibre – is installed at the same time. In addition to minimising traffic disruption, it reduces costs and time associated with civil works. The policy has been adopted by Tameside Metropolitan Borough Council and also by Transport for London when upgrading its transport network. • Municipalities across the country making their ducts available to wider use. For example the Tameside Metropolitan Borough Council is making its ducts available through a cooperative alliance which offers the passive infrastructure as a wholesale open access product. Multiple service providers are then able to use the infrastructure to develop their own products and services.48 78. The commercial agreements with Thames Water provide an opportunity to understand the impacts of using different approaches for deploying telecoms networks. By deploying fibre in the sewer network, operators have the potential to build their network at considerably less cost due to minimal civil works required. At present, this approach is limited to large sewer networks in metro areas, but technology is developing to enable deployment in smaller size pipes. There remain challenges regarding liabilities but we understand these can be addressed, especially where solutions can be provided to be mutually beneficial to both operator and water company – such as the installation of fault monitoring equipment. Whilst these initiatives are mainly to provide business connectivity, rather than for residential deployments, we recognise that these reflect alternative ways of deploying networks. We will continue to monitor these developments and will engage with operators and utility companies to ensure that the potential of this type of infrastructure sharing is maximised. 79. The 2016 Regulations provides for a right to access information (location, route, type and current use, and contact point for further requests) concerning existing physical infrastructure and civil works. The Review recognises the potential benefits that a coordinated approach to information sharing on available infrastructure could have to aid the network planning process for full fibre networks. The Government will, therefore, work with industry, Ofcom and local authorities to consider whether there is a sufficient case to introduce a centralised ducting database to track Page 163
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Future Telecoms Infrastructure Review 35 existing ducting networks and promote a coordinated approach to network expansion and roll out, similar to current centralised systems available in Germany and Portugal which are managed by their respective national regulators. 80. We want to ensure that the 2016 Regulations work as effectively as they can. The Government will carry out a review of these Regulations by 2019 to assess if there are improvements that could be made to further boost investment in infrastructure. Ofcom should also work collaboratively with other regulators to ensure that these opportunities are explored, and barriers addressed. 2.5.2 Increasing demand and reducing risk 81. The mass take-up of full fibre services will be necessary to ensure operators secure a return on their investment that justifies further roll out. Targeted approaches can be used to stimulate demand. These include demand aggregation approaches that guarantee levels of take-up before commiting investment, and voucher schemes to encourage consumers to move to gigabit capable networks. 82. The Government has previously used voucher schemes to drive superfast take-up by businesses, for example through the Broadband Connection Voucher Scheme, and has more recently announced that, through the Gigabit Broadband Voucher Scheme, £67 million of funding will be allocated to vouchers which will help households, SMEs and local communities to cover the cost of a fibre connection. We are already seeing strong demand for this scheme with over £7 million of vouchers already requested and nearly £2 million of these have already resulted in a live connection. Aggregation of vouchers by suppliers is resulting in entire business parks or communities getting gigabit-capable connections. 83. There have also been examples of industry testing new models which mitigate demand risk including the anchor tenant model used by CityFibre and demand aggregation approaches used for example, by Gigaclear. The LFFN Gigabit Broadband Voucher Scheme is specifically targeting market models which promote such behaviours. Other potential risk sharing options include minimum volume commitments between the wholesale provider and ISPs, which could encourage ISPs to move consumers onto full fibre networks. 84. The public sector can play an important role in generating greater demand for fibre networks. The LFFN programme has demonstrated clear benefits to full fibre investment from the Government, including: • Targeted funding to local bodies to harness public sector connectivity and aggregate private sector demand to build new and extend existing fibre networks; • Using hospitals, health centres and GP surgeries as ‘anchor tenants’ – providing a full fibre ‘hub’ which surrounding homes and businesses can then also be connected to; • Upgrading schools, libraries and emergency response buildings to gigabit-capable full fibre connections; and Page 164
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Future Telecoms Infrastructure Review 36 • Strategic re-purposing of existing infrastructure, allowing full fibre to be rolled out at a fraction of what it would otherwise cost. Improving connectivity through LFFN schemes • West Sussex County Council have received funding to upgrade 152 public buildings across the country to full fibre. The successful bidder for the work is CityFibre who have announced a much wider investment in fibre across the county, using the Council as their anchor tenant to strengthen their investment case. • DCMS working with the Department for Education have just upgraded the first of over 100 schools. Cheselbourne School in Dorset was running on less than 2 Mbps and their new gigabit-capable fibre service is transformational. Over and above the benefits to the school, the supplier Wessex Internet intend to leverage this fibre connection and invest in providing onward FTTP to the entire village. Thus the school has become the anchor for a much larger investment by industry. • 13 further projects were announced in the Spring Budget Statement 2018 totalling £95.5 million. In total this will provide fibre connectivity to 3,376 public buildings (council offices, schools, libraries, medical facilities etc.) whilst bringing fibre to within 50 metres of over 200,000 premises and to within 200m of nearly 800,000 premises. We anticipate that like West Sussex, these UK wide projects will similarly encourage network operators to make broader investment in these areas. • Fibre investment along the Trans-Pennine Route, as well as providing backhaul connectivity for a 5G trial to the trains, will be used for fibre connectivity between communities along the route. It will also be used to provide enhanced connectivity between the Manchester and Leeds Internet Exchanges. • Bidding for a further wave of projects totalling £95 million is planned to open during July 2018. 85. The Government will continue to build on the successes of these schemes and actively consider full fibre solutions when purchasing government services. For example, we are working with Crown Commercial Services as it develops best practice and procurement frameworks for the public sector to source fibre-enabled network services. 2.6 Stable and long-term regulation that incentivises competitive network investment 86. Addressing deployment barriers and making sure existing passive infrastructure is utilised as far as possible, will support the business case for full fibre roll out by reducing the cost of deployment. However, we also need a policy and regulatory environment that recognises the inherent risks of major infrastructure investments and that reflects the different competitive conditions across the country. 87. The Government and Parliament are responsible for setting the overall policy and regulatory framework for telecoms, consistent with relevant EU law. Ofcom, as the UK’s independent regulatory authority, is responsible for implementing the framework, and for making regulatory decisions according to its statutory duties. Page 165
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Future Telecoms Infrastructure Review 37 88. The Digital Economy Act 2017 sets out the Government’s role in defining strategic priorities and outcomes in relation to telecoms, to which Ofcom must have regard when carrying out its regulatory functions.49 89. The Government’s overarching strategic priority is to promote efficient competition and investment in world-class digital networks. Investment is key to improving consumer outcomes, in terms of choice, service quality, innovation and price over the longer-term. It is the Government’s view that promoting investment should be prioritised over interventions to further reduce retail prices in the near term, recognising these longer-term benefits. 90. The Government has identified a set of desired outcomes with a view to achieving this strategic priority: • Greater regulatory stability and clarity, through longer, five year market review periods and a framework whereby firms making large, risky investments can have confidence that any regulation reflects a fair return on investment commensurate to the level of risk. • Recognising the convergence of business and consumer uses of networks, through unified access market reviews, where appropriate. See section 4. • Regulation only where and to the extent necessary to address competition concerns and ensure the interests of consumers are safeguarded as fibre markets become more competitive. • Recognition of the differences in local market conditions across the UK through, where appropriate, a geographically differentiated approach to wholesale regulation. For areas where there is actual or prospective competition between networks, we would expect there to be less need for regulation; and • Flexibility for firms to develop new approaches to reduce deployment costs and manage risks through their commercial arrangements. 91. Ofcom must give regard to the Government’s strategic priorities and desired outcomes in the exercise of its regulatory functions. Putting these into practice will require a large number of detailed decisions which will be a matter of regulatory judgement for Ofcom. Where Ofcom is unable to consider regulatory options that reflect the strategic priorities due to existing statutory duties, the Government will consider legislation to allow it to do so. 92. This approach, alongside the Review’s other proposals, should incentivise established players to invest more in fibre networks and also make it more attractive for competing providers to build their own networks rather than buying wholesale services from the incumbent. 2.6.1 Greater regulatory stability and clarity 93. Full fibre networks typically have asset lives of more than 20 years, and have relatively long pay back periods. This means attracting patient long-term investors. The more stable and predictable the regulatory environment, the lower the risks for investors, making investment in fibre networks more attractive. Page 166
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Future Telecoms Infrastructure Review 38 94. Ofcom conducts market reviews every three years for specific markets. The regulatory framework for telecoms market reviews is set out in UK legislation and is transposed from EU Directives. The EU’s new directive for electronic communications – the European Electronic Communications Code (EECC) – is currently under negotiation. It is likely to be adopted by the EU shortly. If adopted, we are minded to implement, where appropriate, the substantive provisions in UK law, on the basis that it would support the UK’s domestic policy objectives. 95. The EECC provides for longer review periods of up to five years. The Government believes that a move to longer review periods would provide greater regulatory stability and promote investment. Greater regulatory clarity on assessment of risks and rewards, including ‘fair bet’ 96. The regulatory environment should seek to ensure that there is ex ante clarity regarding the application of Ofcom’s ‘fair bet’ principle over an extended timescale. Applying the ‘fair bet’ principle will require Ofcom to exercise its regulatory judgement. 97. In the Government’s view, an effective ‘fair bet’ regime would be one that allows firms making large and risky investments to have confidence that any regulation will reflect a fair return on investment, commensurate to the level of risk incurred at the time of making the investment decision. 98. Ofcom has previously stated that there are benefits in providing investors in new networks with greater clarity on the ‘fair bet’ principle and how it will be applied, so this can be factored into decisions on new risky investments.50 We would encourage Ofcom to publish clear guidance that clearly sets out the approach and information it will use in determining a ‘fair bet’ return so that investors can factor this into their decision-making ahead of making major investments. 2.6.2 Regulation only where and to the extent necessary 99. The Government’s strategic priority is to promote efficient competition and investment in new networks. This can be supported by regulation that is proportionate, consistent, and targeted only where necessary, and transparent. 100. Regulatory forbearance – by which we mean that the regulator refrains from intervening in markets or reduces the scope or level of regulation – could be key to giving investors the commercial flexibility, confidence and incentives they need to make large, risky investment in gigabit-capable networks. Regulatory forbearance has been successful in other countries in helping to drive investment in fibre networks. For example, forms of forbearance like not imposing access obligations on high-speed wholesale products, combined with effective passive access regimes, have been successful at incentivising fibre investment in Portugal and Spain.51 Page 167
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Future Telecoms Infrastructure Review 39 101. It is Government’s view that regulatory forbearance should be considered by Ofcom, where appropriate, in developing its regulatory approach to incentivise the roll out of full fibre networks. The best outcome for full fibre rollout is likely to result from giving the market the freedom to evolve and only regulating if competition concerns clearly emerge. 102. In addition, the policy and regulatory framework should seek to provide reassurance that the interests of consumers are safeguarded as fibre markets become more competitive. One option would be to retain some price controls on copper-based products (which would serve as an ‘anchor’ on fibre products) during the transition to full fibre networks. 103. Ensuring that services are reliable and of high quality will be critical so that consumers are able to benefit from improved connectivity. While most consumers have a satisfactory experience in telecoms, quality of service is less strong than in other consumer markets. The Institute of Customer Service ranks energy, water and telecoms among the weakest performing markets for customer service. Ofcom’s second annual service quality report, published in May 2018, found that broadband customers’ overall satisfaction has fallen since 2016, although the proportion of mobile customers satisfied with their service has remained stable since 2016. 104. The Government is determined to work with Ofcom, communication providers, and other key stakeholders such as consumer groups to improve the overall quality of service delivered by the telecoms sector, drive up standards and ensure that the consumer environment supports our full fibre ambitions. The Government’s consultation on the Consumer Green Paper closed recently. The Government will be considering the responses to that consultation and what further steps it needs to take to ensure that consumer markets, including the telecoms market, work for all, both now and in the future. 2.6.3 Recognition of the differences in local market conditions across the UK 105. The Government’s view is that adapting regulation to market-specific competitive dynamics will likely be critical to achieving an appropriate balance between promoting investment and deployment at pace, and protecting retail competition and the interests of end users52. 106. The UK wholesale local access market, today, is regulated as one geographic market, with the same set of regulations applying across all parts of country.53 This approach has worked well for legacy networks where the incumbent has a nationwide footprint, and where investments have largely been based on incremental upgrades to existing networks. However, the roll out of full fibre will require significant, risky investments in new networks. 107. Investment decisions will likely vary across areas, reflecting the differing cost of rolling out networks – depending on the type of property, property density, difficulty of accessing roads and sites, and the proximity to existing passive infrastructure – in different areas. They may also be driven by expectations of the overall level of demand and willingness to pay. Page 168
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Future Telecoms Infrastructure Review 40 108. This means that while some areas are likely to be commercially attractive for multiple networks to roll out, other areas may only be able to sustain one commercial fibre network, or none at all. Our analysis suggests that there will be three broad zones for fibre roll out: • Areas that can support commercial roll out of two or more gigabit-capable networks. These would typically include cities, towns and some rural areas where the costs of deployment and demand conditions mean that it is commercially viable to invest. These areas are likely to comprise around 80% of premises. • Areas that can support commercial roll out of single fibre networks. These would typically include smaller market towns and some rural areas where the costs of deployment and demand conditions would mean that it is commercially viable for one player to invest (c.10% of premises). • Areas that are unable to support commercial roll out. There will be some parts of the country (c.10% of premises) which would not be commercially viable, and would require additional funding. These could comprise higher deployment cost remote or rural areas, with low population density and challenging geographies. See section 2.7. 109. Our analysis suggests that a large majority of the country will be able to support two or more competing gigabit-capable networks. In the early years, these areas may see only a single network; however, over time, these areas would see the presence of multiple networks. 110. The degree of any regulation should be proportionate to the characteristics of the market and competitive conditions – one would only expect to see regulatory interventions where competition concerns clearly arise. For areas where there is actual or prospective effective competition between networks, we would not anticipate the need for regulation as competitive pressures will shape investment and pricing decisions. For other areas, we would expect the regulatory model to evolve over time as networks are established. If market power emerges, regulated wholesale access (including price controls) may be needed to address competition concerns. However, this may not be necessary in the near term if there are regulated copper-based superfast products available to customers. These detailed regulatory decisions will be for Ofcom to take. 111. There may be some areas which, while commercially viable for at least one operator, do not benefit from any investment. There are a numbers of reasons why this could occur, for example there may be significant uncertainties on costs or the investment case is only attractive where it protects an incumbent’s competitive position. These scenarios lead to ‘hold-up’ problems. Page 169
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Future Telecoms Infrastructure Review 41 The ‘hold-up’ problem There may be a ‘hold-up’ problem in areas where competing with other providers may not be profitable. In these areas the existing copper provider has little incentive to invest in FTTP unless it faces losing customers to a rival FTTP network. However, a rival network contemplating investment in these areas will anticipate that if it invests the incumbent will follow, with a headstart on existing infrastructure and customers. The incumbent, in turn, will be aware that this risk will be sufficient to deter new providers from entering the area. As a result, there is no investment. 112. The choice for this zone is between a bespoke solution and relying on the combination of competition and additional funding (see section 2.7) ‘meeting in the middle’. 113. The package of measures set out in this document could, by reducing costs of deployment and uncertainty about future market conditions, be sufficient in some of these areas to ‘unlock’ investment. Similarly, the Local Full Fibre Networks programme is exploring the extent to which stimulating and aggregating public sector, SME and consumer demand can trigger commercial investment in full fibre networks. 114. Where we can identify and define the boundaries of areas in this zone, we will consider using ‘competition for the market’ mechanisms to secure deployment. There are a number of ways in which this might be achieved. We want the intervention to reflect the underlying factors that are holding back investments. 115. The proposed EECC gives new powers that can be used to identify areas where there is limited or no planned investment. It provides for national mapping of the current and forecast geographic coverage of broadband networks, which can be used to designate areas where no operator has indicated plans to deploy very high capacity networks. Ofcom or the Government could then use this information to invite operators to declare an intention to invest in these areas (e.g. percentage of premises by a certain date), and, where an operator does so, require other operators to confirm their intentions. 116. More generally, the Government is not persuaded that ‘overbuild’ should be discouraged in order to roll out full fibre. We are, however, interested in the effect that greater transparency might have on accelerating commercial network roll out. Transparency of build plans could give alternative operators the option to compete with Openreach, as we want and expect them to do in many parts of the country, or alternatively to allocate capital to roll out in other areas. We will discuss with BT and Ofcom how transparency measures such as this might be introduced, building on existing requirements under the terms of legal separation.54 For example, Openreach could publish in advance an agreed medium-term plan of the areas in which it is planning to roll out its fibre network (suitably redacted for commercially sensitive information on the costs and revenues of roll out). Any approach should allow Openreach to roll out its FTTP network wherever it is profitable to do so. Page 170
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Future Telecoms Infrastructure Review 42 Pricing under a geographically differentiated approach 117. We recognise that a geographically differentiated approach to wholesale regulation, if pursued, may lead to some variation in wholesale prices, reflecting differences in underlying costs and demand characteristics. This would be a departure from the current regulatory model, where BT is regulated to set a uniform national price. 118. Our analysis indicates that any retail pricing variations that may emerge are likely to be small.55 Build costs are largely similar across the majority of the UK and competition between network providers should serve to lower prices. The areas where network build costs are significantly higher, correspond with areas where there is likely to be less competition. In these areas, operators can recover build costs from a larger pool of subscribers (given absence of competing networks). This should serve to reduce the per premises cost, which should be reflected in prices – and regulatory levers are available to protect consumers where necessary. 119. There are many benefits to retail service providers from uniform national prices, including enabling national marketing campaigns and enhancing customer relationships. Given these benefits, where any differences were to emerge in wholesale prices, we would expect retail prices to be largely uniform. 2.6.4 Flexibility for firms to develop new approaches to reduce deployment costs and manage risks 120. It is important that firms are able to agree appropriate commercial deals that share the risks (and gains) from fibre networks and support investment. Risk-sharing arrangements between networks and service providers and co-investment agreements between network providers have been important in the successful deployment of full fibre in other countries, notably in Spain, Portugal and France.56 121. Retailers of internet services to both residential and business customers have an important role in driving investment in full fibre networks. Wholesale agreements between network providers and ISPs could benefit both parties: • For the network provider, an agreement from an ISP to quickly migrate its existing customer base provides demand certainty, reducing the risk that their network may remain unused after its commercial launch. • ISPs can benefit from negotiating an attractive price for using a network, or agreeing a period of exclusive access, meaning that it can gain more customers by offering a faster, more reliable service in an area. 122. Generally, ISPs who have the relationship with customers are well-placed to promote the take-up of full fibre products through marketing, pricing and customer support. There is already evidence of such arrangements securing investment by new entrants. In 2014, TalkTalk, Sky and Cityfibre formed a joint venture agreement for a pilot project to build FTTP network to 14,000 Page 171
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Future Telecoms Infrastructure Review 43 homes in York. Since then, TalkTalk has begun the next stage of the build, which will extend the network to an additional 40,000 homes. Vodafone and CityFibre announced an agreement to deliver FTTP to up to 5 million UK homes and businesses by 2025 whereby Vodafone guarantees a minimum volume in return for a period of exclusive rights (predominantly during the build phase of each city network). 123. Co-investment arrangements typically allow operators to share parts of their networks and could be an important means to reduce costs and should be pursued on a commercial basis, where justified. Operators, including wholesale providers and retail service providers, are free to negotiate commercially between themselves within the bounds of competition law. Arrangements involving operators with significant market power raise more complicated regulatory issues. The new EECC is expected to make provision for the regulator to incentivise operators with significant market power to pursue co-investment arrangements to support the deployment of new fibre networks.57 2.7 Ensuring world class connectivity for all 2.7.1 The case for world-class connectivity for all 124. People’s ability to enjoy world-class digital connectivity should not be determined by where they happen to live or work. There are strong economic and social reasons for national coverage. Fast, reliable fibre networks will offer significant benefits for rural areas 125. The approach described in this strategy aims to ensure that commercial investment in full fibre networks covers as much of the UK as possible. However, there will be some parts of the country that will be too costly for the market to deliver to alone. These parts of the country are likely to be largely in remote rural areas, with low population densities and, in many cases, topographic challenges. These factors increase the costs of deployment and reduce returns from fewer premises. The combination of high costs and low returns means the market is unlikely to reach them. 126. We have seen that fast, reliable connectivity can deliver economic, social and well-being benefits for both rural businesses and residents. Easier access to learning resources helps with schoolwork; improved video-calling to distant family reduces loneliness; and reliable access to national and local government services increases fairness. 127. The economic benefits of improved connectivity for rural businesses are potentially significant. • A report published by Rural England and Scotland’s Rural College, supported by Amazon, explored the economic potential from rural based businesses across the UK taking-up digital opportunities that arise from broadband, mobile and other networks.58 The impacts most frequently mentioned by rural business as bringing significant benefits are: assisting remote working, improving access to customers/suppliers, improving business efficiency, improving data storage and security and enabling more business flexibility. Page 172
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Future Telecoms Infrastructure Review 44 • A study by BT estimated the benefits of the Government’s proposed £150 million investment in extending ultrafast broadband to rural areas of Northern Ireland at around £1.2 billion. Increased employment was identified as the largest source of benefit, alongside a significant contribution to productivity growth.59 128. Reliable, world-class connectivity also means that businesses and employees do not have to commute or move to more urban centres, and potential benefits from innovation in agri-tech can also be delivered. The longer-term impact of greater connectivity, reduced travel and greater innovation in rural businesses, not only have the potential to reduce pollution and improve productivity, but to help retain and attract young, talented people and families to rural areas, and reinvigorate rural societies and economies. Broadband providers’ assessment of commercial viability is unlikely to capture these wider social and economic benefits to rural communities. As a result, commercial investment in connectivity may not reach the socially optimal level. 2.7.2 We will adopt an ‘outside in’ approach to deployment 129. We will pursue an ‘outside in’ strategy, meaning that the Government will look to support deployment of full fibre to the commercially most difficult to reach premises – likely to be around 10% of the total (approximately 3 million premises) – starting at the same time as the market deploys to commercially viable areas. 130. This strategy would enable these premises to receive gigabit-capable connectivity within the same timeframe as commercial areas, with all areas covered by 2033. This would be substantially faster than if these areas were left to the market to deliver. Investment in these areas will be phased, starting with areas that currently do not have superfast (and for which the productivity gains would be maximised given the low baseline of existing connectivity). A staged programme of investment would allow for testing and developing different technologies and implementation approaches before deploying them more widely. The Government sees advantages in a reverse auction-style model, in which operators would competitively bid for funds to roll out to the maximum number of premises in an area by a certain date. We will build on current interventions so that investment in fibre networks starts now 131. To make sure that fibre delivery in these areas starts immediately, we will prioritise delivery of full fibre networks through the existing BDUK Superfast programme, which has already made FTTP available to over 200,000 premises by March 2018, in predominantly rural areas. Phase 3 of the Superfast programme is seeking to address coverage in as much of the remaining 5% of the country as possible, and Government will now maximise the amount of premises that can be covered with full fibre solutions. 132. We will also ensure that programmes delivered through the National Productivity Investment Fund (NPIF) are consistent with our objectives of maximising deployment of full fibre across the country. The Gigabit Broadband Voucher Scheme is already succeeding in stimulating new fibre investment and extending existing deployment plans by funding fibre connections for UK homes and businesses – including in very rural and hard-to-serve areas. The LFFN programme will continue Page 173
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Future Telecoms Infrastructure Review 45 to explore how public sector demand and reuse of public sector assets can support full fibre deployment in these areas. 133. Government and Ofcom will consider further how our connectivity ambitions can complement existing programmes, including the roll out of the broadband Universal Service Obligation (USO) from 2020, to maximise investment in full fibre. More support will be needed to ensure a roll out in uncommercial parts of the country 134. Further funding of some kind would be required to complete an ‘outside in’ approach. As well as premises identified as being in the 5% of the UK without superfast, other areas in the rest of the UK will not attract commercial investment to deliver full fibre due to various local factors. The analysis for the Review and the experience of the BDUK Superfast programme provides good insights into the areas where commercial investment in new networks is very unlikely to happen. 135. Our current analysis suggests that the additional funding requirement – i.e. in excess of the level of investment in commercially viable areas – for the c.10% of premises not likely to attract commercial roll out of FTTP could be in the range of £3 billion to £5 billion. We have already identified around £200 million within the existing Superfast programme that can further the delivery of full fibre networks. The Government will determine the longer-term options for funding rural connectivity as part of the forthcoming Spending Review process. 136. In common with previous Government interventions, competitive tenders will be used to award contracts in order to minimise subsidy requirement and ensure reliable and fairly priced services. Bidders will be encouraged to explore using a mix of wireless and fixed technologies to ensure value for money.60 We envisage that single networks in these areas would be subject to wholesale access and pricing regulations to secure retail competition. 2.7.3 Innovative solutions can help reduce the costs of gigabit connectivity 137. Whilst national full fibre coverage is our long-term ambition, for the most remote areas we recognise that there may be instances where the geographical challenges are so great that providing gigabit-capable connectivity through alternative solutions will be the most effective approach. For example, hybrid fibre-wireless solutions might be a pragmatic solution, providing these areas with gigabit-capable fixed wireless access in a cost-effective way. On a small scale, an alternative means of fibre deployment could be a community-led model where local groups are involved in the build. Page 174
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Future Telecoms Infrastructure Review 46 Locally led innovative solutions for connectivity Using mixed technologies Alternative network provider Wessex Internet (M12 Solutions), offers a mix of fibre optic and fixed wireless based superfast broadband services to rural parts of North Dorset, South Wiltshire and East Somerset in England. The provider deploys fibre to a mast (FTTM) in a location, such as the village centre, where wireless sector antennas are mounted for the final mile delivery to homes or businesses. When sufficient homes have taken-up connectivity and demonstrated there is enough demand, Wessex Internet then replaces it with FTTP, recovers the fixed wireless equipment and deploys it to the next village down the road. This way it has a growing ‘bubble’ of fibre radiating outwards and pushing the fixed wireless solution further and further outwards into rural communities. The result is that all premises in the area are eventually connected with full fibre, but in a way that reduces the investment risk for those installing the infrastructure. Community led fibre deployment models Broadband for the Rural North (B4RN), has over 4,200 full fibre connected properties and had investment of £4.8 million from local communities. As well as having its own engineering team, B4RN makes extensive use of resource from the communities themselves to dig and lay ducts. This works particularly well in rural communities where some of those involved are landowners who are willing to give permission for fibre to be laid across their land, as well as physically digging the trenches themselves using their own equipment. With communities supporting the deployment in this way, as well as making commitments to finance the build (through investing in B4RN) and becoming customers of the network, the business case for the network expansion – in areas most other operators would dismiss as unviable – is significantly improved. Openreach have also created their Community Fibre Partnerships Programme which encourages poorly connected communities to group together to work with Openreach to jointly fund, and sometimes jointly build, new fibre infrastructure, with grant funding of up to £30,000 available from Openreach 2.8 Supporting the timely switchover to new full fibre networks 138. As full fibre networks are rolled out, maximising the number of end users will secure the full benefits of the technology. This will involve customers switching to new fibre networks (‘switchover’) and retiring the legacy copper networks (‘switch-off’). It is realistic to assume that switchover could be underway in the majority of the country by 2030, but the timing will ultimately be dependent on the pace of fibre roll out and subsequent take-up of fibre products. 2.8.1 Customers and operators will benefit from switchover 139. In addition to the benefits of improved connectivity, reliability and choice of services that new networks will offer to consumers and businesses, there are significant benefits to network operators and service providers. 140. Once fibre networks are deployed in competitive areas and customers have switched, there are potentially strong commercial incentives for Openreach to retire its copper network. Running the two networks in parallel would be costly. Migrating all customers on to full fibre networks will also Page 175
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Future Telecoms Infrastructure Review 47 allow network providers to manage their demand risks and spread their costs over a larger number of customers. This will provide greater certainty on their investment case, whilst also reducing costs per user.61 141. For internet service providers, the reliability and performance of fibre networks can reduce operational costs, such as network maintenance, customer service and customer retention. They will be able to offer a wider range of higher quality services to consumers. 142. While we would like to secure the benefits of fibre as quickly as possible and are supportive of industry moves to migrate customers from copper to fibre, we also recognise that fibre switchover and copper switch-off are substantial undertakings. The majority of consumers may welcome the move to fibre, but vulnerable consumers and those that have a telephone line but no broadband may be more reticent. It is important that these consumers are not disadvantaged by the switch to fibre. We also recognise that there may be business applications dependent on copper network connectivity that would need to be replanned and delivered in new ways. This means that a clear strategy is required to ensure a smooth, hassle-free transition from copper to fibre, and to provide vulnerable customers with further support they may need. Switchover in Spain In Spain, where they have adopted a pro-competition approach, Telefonica has switched off copper services as take-up of fibre has reached around 70-85%. As copper is being switched off, the regulator CNMC has imposed conditions on Telefonica to notify competitors within specific timescales (e.g. five years notice for access seekers).62 Migration from legacy networks is compatible with EECC provisions, and would require a reasonable timeframe and transition period from the network operator with oversight from the national regulatory authority. 2.8.2 Fibre switchover strategy – industry led, subject to conditions 143. Switchover should be led by industry, working closely with Ofcom and Government. The Government will set up a mechanism with Ofcom and industry for planning the switchover process. Switchover should meet a number of policy conditions: • Plans support a timely switchover; • Efficient, so that switchover is smooth with minimal consumer disruption; • Transparent, so that customers have the information they need to make informed choices and clearly signalled via notice periods so operators have certainty; • Consistent, with existing regulatory and consumer obligations; • Pro-competitive, so processes are in place to support easy switching between networks; and • A fair deal for consumers and adequate safeguards for vulnerable customers. Page 176
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Future Telecoms Infrastructure Review 48 144. It is realistic to assume that switchover could be underway in the majority of the country by 2030, but the timing will ultimately be dependent on the pace of fibre roll out and subsequent take- up of fibre products.63 We would only expect switchover to start when a significant proportion of the population has taken-up new fibre services. 145. The process would build on the work of industry and Ofcom preparing for the switch-off the Public Switched Telephone Network (PSTN), which is coming to the end of its life. PSTN will be retired by industry by the mid-2020s and be replaced by Voice over Internet Protocol (VoIP) technology, which uses a broadband connection to make calls. Industry must ensure a smooth switchover process 146. Industry must be responsible for putting in place robust processes and systems required to support a quick, smooth and hassle-free migration of a large of number of customers from copper to fibre. They will need the capacity to handle a larger than usual number of people switching service and network providers. 147. To aid the migration of customers to fibre networks, we expect that network operators will offer suitable ‘entry level’ products at prices close to those offered on copper networks.64 This would have the further benefit of protecting the interests of customers who do not want to pay for higher broadband speeds. Internet Service Providers will benefit from operational cost savings from the move to fibre (e.g. fewer faults) and we expect these to be passed on to consumers, reducing any cost increase to end users from switching. However, we note that the incentive to pass-through cost savings will be influenced by the level of competition. Additional safeguards for vulnerable consumers might include a requirement to provide an affordable land-line only product. 148. We expect that some of the problems associated with copper-based services that would not work on fibre networks (including care, home and security alarms) will have been addressed in the move to the IP-protocol telephone network. If further issues arise we would expect these to be addressed by providers and relevant industry stakeholders working together with Ofcom, including specific actions to identify and address the needs of potentially vulnerable people Ofcom will protect the interests of consumers. 149. Ofcom will have an important oversight role in ensuring industry readiness for switchover. Ofcom must protect the interests of consumers in the migration from copper to fibre and guarding against anti-competitive behaviour (e.g. Openreach has a large incumbent customer base and every incentive to migrate people to its own full fibre services). 150. Ofcom will continue to have a role in ensuring that switching processes are easy and reliable for consumers. This should include, in future, where customers switch between ISPs on different fibre networks (what is termed ‘cross-platform’ switching). Ofcom should also consider whether their regulatory approach to existing copper assets needs to change in light of the switch to fibre networks. Page 177
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Future Telecoms Infrastructure Review 49 2.9 Legal separation of Openreach from BT 151. This Review should encourage Openreach to prioritise its future network investment in full fibre roll out, over upgrading legacy copper networks. Openreach can make a significant contribution to securing the goal of nationwide full fibre roll out. We also want to avoid a situation where investment in upgrading copper networks deters fibre investment by alternative operators, thereby reducing overall full fibre roll out and infrastructure competition. We would be concerned at any strategic behaviour that excluded rival operators by the threat of pre-emptive investment. 152. As part of our consideration of different market models, our Call for Evidence asked if the current arrangements for BT’s legal separation were working effectively. We received a range of views on the respective merits of delivering legal separation compared to full structural separation.65 153. Under legal separation, a more independent Openreach, with a greater openness to different models of investment and risk sharing, and sharper incentives to be responsive to all its customers, has the potential to increase infrastructure roll out. At the same time, the option of structural separation could increase Openreach’s incentive and ability to invest in full fibre by allowing greater access to lower cost capital. 154. We recognise the important steps that have been taken by BT Group and Openreach to implement legal separation, including setting up the Openreach Board, responsible for setting Openreach’s strategy and overseeing its performance, and industry engagement on technology investment choices. 155. While Ofcom is broadly satisfied with progress towards legal separation, it has concluded that more needs to be done to fully realise greater independence, especially in decision making. The Government wants legal separation to be completed as soon as possible and for Openreach to address all outstanding actions, particularly the transfer of staff from BT to Openreach.66 Openreach should also fully comply with Ofcom’s regulatory obligations on ducts and poles access. This will be fundamental to ensuring all market participants are able to compete on a level playing field, whilst reducing costs of fibre deployment. 156. It is too early to determine whether legal separation will be sufficient to deliver the positive changes on investment in full fibre infrastructure. The Government will consider all additional measures if BT Group fails to deliver its commitments and regulatory obligations and if Openreach does not deliver on its purpose of investing in way that responds to the needs of its downstream customers. Page 178
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Future Telecoms Infrastructure Review 51 A world leader in 5G 3.1 Government’s 5G ambition 157. We want the UK to have high quality, mobile connectivity where people live, work and travel. Mobile coverage is improving fast. 87% of UK landmass has a 4G signal from at least one operator (compared to 78% in 2017). Despite this progress, there remain areas where mobile connectivity must be improved, including extending geographic coverage to 95% of the UK by 2022 to address ‘not-spots’, increasing capacity in urban areas and improving connectivity on the UK’s main roads and railways. We have recently introduced far-reaching changes to the Electronic Communications Code and to planning laws in England, to make it easier and cheaper to deploy mobile infrastructure. We are also working with Ofcom on options to extend coverage. 158. Alongside finishing the roll out of 4G networks, we want the UK to be a world leader in 5G and take early advantage of the benefits from this new technology. We have set a target that the majority of the population will be covered by a 5G signal by 2027. This Review sets out the Government’s assessment of the policies and market conditions required to underpin investment and innovation in 5G. 159. 5G creates an opportunity for an expansion of the market – in the range of consumer and industry ‘use cases’, in the type of mobile services provided, and in the number of wireless operators. The Review’s conclusion is that there would be strategic advantages in a model that maintains the benefits of network competition between multiple mobile network operators, while enabling solutions to specific connectivity challenges, including indoor coverage, rural coverage and enterprise applications. 160. There is a role for policy and spectrum management in creating conditions that help to grow a competitive mobile market and support investment and innovation to realise the full benefits of 5G. In parallel, the Government will allocate public funding to promote beneficial 5G use-cases and therefore reduce risks around 5G investments. 3.2 What benefits will 5G bring? 161. The Government published two reports in 2017 setting out its views on the potential opportunities for the UK from next generation mobile networks.67 5G is the next generation of mobile technology; its technical capabilities and performance characteristics are clear. 5G will offer new capabilities over existing mobile technologies, including higher data rates, lower latency, higher energy efficiency and improved performance. 5G is the first generation of mobile technology designed to support multiple applications, from mobile broadband and entertainment services, to industrial applications such as robotics and logistics. Page 180
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Future Telecoms Infrastructure Review 52 162. These applications will be delivered through different combinations of the three broad capabilities expected of 5G: enhanced mobile broadband; massive machine-type communications, with ten times as many devices able to be connected than with 4G; and ultra-reliable, low latency communications (near real-time communications with 99.999% reliability). Network ‘slicing’ will facilitate the simultaneous delivery of services with guaranteed technical performance that are tailored to the specific requirements of different sectors. These capabilities are illustrated in the diagram below. Figure 4: Capabilities of 5G Ultra-reliable & low latency communications Enhanced mobile broadband Massive machine type communications Future IMT Smart city Smart home building Gigabytes in a second 3D Video, UHDs screens Work and Play in the cloud Augmented reality Industry automation Self driving car Mission critical application Voice Source: International Telecommunications Union (2015), ‘IMT Vision – Framework and overall objectives of the future development of IMT for 2020 and beyond’ Page 181
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Future Telecoms Infrastructure Review 53 The 5G challenge 5G presents a policy puzzle. 5G has the potential to generate significant economic benefits from the digital transformation of many sectors. It will support enhanced consumer mobile broadband services. It could also enable the development of new use cases across a range of sectors where, to date, the provision of connectivity has not been a part of the business model. This includes advanced manufacturing and robotics, health and social care, transport and logistics, and smart agriculture. A recent EU study estimated that in 2025 benefits from the introduction of 5G capabilities could reach €113.1 billion per year across the region.68 The commercialisation of new use cases will be underpinned by the uptake of the technology by different sectors. Network operators may not be able to fully capture these external benefits via new business models, or else generate revenues to cover the costs of future infrastructure. On the demand side, there remains uncertainty about exactly where 5G will make the biggest impact and the extent to which demand for new applications and services will emerge. On the supply side, it is not yet clear how and where 5G networks will be deployed. It is likely that their development will be part of a wider ecosystem of wireless connectivity, building on investment in 4G networks and the ongoing development of fixed network infrastructure, with different upgrades required to deliver different use cases in different areas. This puzzle could mean that 5G deployment may be less extensive than would be optimal for society. While industry is best placed to respond to market demand, the Government has an important role to play to secure the positive benefits of 5G. Sections 3.5 – 3.8 set out the role that policy and regulation can play in supporting 5G investment and innovation. 3.3 What can the current market model deliver? 3.3.1 Competition and efficiency benefits will drive 5G investment 163. The UK mobile market is widely viewed as being competitive. Mobile operators differentiate themselves from their rivals in terms of different measures of network quality (e.g. speed, data and coverage), alongside other factors such as price and brand. These services are delivered through a market-based network competition model, with three main elements: • Retail services are mainly provided by the four Mobile Network Operators (MNOs) who have c.85% share of retail mobile subscriptions, with around 90 Mobile Virtual Network Operators (MVNOs) also providing retail services.69 The vast majority of MVNOs are focused on consumer mobile services; MVNOs also provide other services, including the Internet of Things (IoT). • Network infrastructure is largely managed through two network sharing companies which are each a joint venture (JV) between two MNOs, supplemented by wholesale infrastructure providers (WIPs).70 There are approximately 40,000 cell sites (e.g. mobile masts) in the UK, of which around a quarter are provided by WIPs.71 These network sharing arrangements have been entered into commercially and support better services by reducing certain fixed infrastructure costs, whilst maintaining the benefits of network competition. Page 182
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Future Telecoms Infrastructure Review 54 • Spectrum is a critical national asset and the Government wants to maximise the economic and social value for the UK from its use. The Government can set out its strategic priorities in relation to spectrum management, which Ofcom must take account of in exercising its functions in relation to spectrum. Mobile spectrum is currently licensed to mobile operators on a long-term basis. Spectrum management has been used by Ofcom as a means of maintaining competition in the mobile market – for example, by imposing caps on spectrum holdings in the most recent spectrum auction – as well as a vehicle to extend geographic coverage via licence obligations. 164. This competitive market structure has driven investment in previous mobile generations. For example, since the spectrum auction in 2013, the MNOs have rolled out 4G coverage at a relatively rapid pace, so that, by January 2018, 87% of the UK geographic area was covered by at least one operator.72 165. Investment in new, more efficient mobile technology is the primary means by which the unit costs and prices of mobile services have reduced over time. The chart below shows that whilst per user spend on mobile has been more or less constant since 2012, rapid data growth via 4G has led to a fall in the unit price of mobile data use.73 74 Figure 5: Unit costs and prices of UK mobile services £140 £120 £100 £80 £60 £40 £20 £0 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0 Spend (£) Mobile data price versus per user spend for the UK Source: Communications Chambers, Ofcom Price (£ per GB) -Data use (GB) 2012 2013 2014 2015 2016 Source: Williamson, B (2018), ‘Keeping an eye on the prize – investment in mobile networks to deliver coverage, capacity & the 5G strategy: A reappraisal of recurring spectrum fees’ Page 183
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Future Telecoms Infrastructure Review 55 166. At the same time, overall investment in the UK mobile market – and many European markets – has, historically, lagged behind global peers such as the US and Japan.75 Although the retail mobile market in the UK appears to have stabilised following a number of years of declining revenues, overall growth is low.76 Recent analysis shows that UK mobile service revenue growth hovered between 0.9% and 1.5% in the second half of 2017.77 These growth figures mirror a wider global trend, with industry body GSMA noting that worldwide mobile revenue growth is expected at around 1% between 2017 and 2020.78 167. Despite this position, there is evidence that competitive market pressures are already incentivising investment in 5G. The MNOs have recently spent hundreds of millions of pounds acquiring spectrum in the 3.4 – 3.6 GHz 5G ‘pioneer band’.79 168. This suggests that the relationship between past performance and investment in the mobile industry is weak, and investment decisions are largely driven by the competitive dynamics in the market and the desire to retain existing and attract new customers. The UK MNOs publish data on capital expenditure on an annual basis, which shows that overall capital expenditure has increased slightly over the past four years.80 Figure 6: UK Mobile Network Operators capex over time 3,000 2,500 2,000 1,500 1,000 500 £0 EE O2 Three Vodafone 2014 2015 2016 2017 £ millions Source: Frontier Economics 169. It is likely that market competition, efficiency benefits and consumer demand will incentivise further investment in 5G deployment. Some mobile operators may seek to gain a competitive advantage by marketing 5G to existing and potential customers, and thereby spur a response from other operators to protect market shares. 170. While the size of future economic opportunities is unclear, we would expect 5G to provide some new revenue opportunities for existing market players and so improve investment incentives.81 The potential new use cases offered by 5G could also open up opportunities for network innovators and new service providers in the UK market. Page 184
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Future Telecoms Infrastructure Review 56 3.3.2 Initial 5G deployment strategies are likely to focus on growth in capacity demand 171. For previous generations of mobile technologies, deployment strategies have been aimed at wide area coverage as far as possible. 5G is unlikely to follow a ‘one size fits all’ approach to deployment. 172. 5G is likely to be deployed as part of an intricate patchwork of technologies, including advanced LTE, Wi-Fi and 5G New Radio (a ‘network of networks’). Deployment will be in phases rather than a ‘big bang’, and will likely vary by geography due to different demand levels and costs. 173. The diverse set of services and applications enabled by 5G will also require access to different spectrum bands with different characteristics. A realistic scenario is for a low capacity layer providing wide-area 5G coverage (using sub 1 GHz bands), with high capacity in areas of high demand such as towns and cities (using 3.4 – 3.6 GHz band) and, over the longer-term, smaller hotspots of very high capacity (using mmWave bands). 174. The Review’s assessment is that early 5G launches will likely focus on enhanced mobile broadband services to increase the capacity and capabilities of existing networks, subject to the availability of consumer handsets. We expect to see the launch of the first commercial 5G consumer services in the UK in 2019. The first 5G deployments are likely to be in the 3.4 – 3.6 GHz band, which has been licensed to the national mobile network operators. This band is likely, initially, to be used to provide additional network capacity in highly populated areas, such as town centres.82 It is likely to be deployed on both existing macro-cell sites and, where necessary, on additional sites using small cells. 175. 5G, in the longer-term, is likely to see a much greater deployment of small cells. These will be useful to provide extra capacity in specific outdoor locations with high demand, for example city centres, transport hubs and sports stadia. We are also likely to see the growth of small cells indoors to support new 5G-enabled services like factory automation. 176. Spectrum at very high frequencies (so-called ‘millimetre wave’ spectrum) can provide much higher data throughput, but will cover much smaller areas and cannot penetrate through walls. 5G deployments in these bands are, therefore, likely to be focused in specific locations requiring services with very high capacity. 3.3.3 Significant investment in 5G is likely over the next five years or so 177. The roll out of 5G will require substantial investment by MNOs and other players in all network domains, including spectrum, radio access network infrastructure, fibre backhaul and core networks. Page 185
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Future Telecoms Infrastructure Review 57 178. We have undertaken initial analysis83 to understand the level of investment and capital expenditure associated with 5G network roll out, if MNOs were to deploy both 700 MHz and 3 GHz spectrum on existing sites (subject to the outcome of future auctions), with: • 700 MHz spectrum deployed on all existing sites; and • 3 GHz spectrum deployed predominantly to provide additional capacity in areas of high demand. 179. In addition to the costs of the new radio equipment, capital investment is also likely to be required to strengthen some masts to support new equipment. Taken together, our high-level assessment is that the total capital expenditure that would be required to upgrade existing sites as per above is likely to be in the region of £4 billion to £5 billion.84 180. We have also considered a variety of scenarios for small cell deployments. The level of deployment across areas will be influenced by a variety of factors, including costs, site access, the new 5G services that emerge and the level of capacity demand. 181. There is no consensus on the number of small cells required for 5G and on the level of infrastructure sharing. As a purely indicative example, our estimates suggest that the capital costs of deploying 200,000 small cells (which could, for example, provide outdoor coverage in most urban areas) could be in the region of £3 billion, based on current costs.85 182. High-band 5G (in millimeter wave bands) would likely require a fundamentally different architecture, with a much greater density of cell sites and is not included in this analysis. 183. As noted in section 3.3.1, MNO capital expenditure has stayed broadly flat in the last few years. Information gathered for this Review, suggests that MNOs should be able to collectively invest around £1 billion per year on 5G rollout.86 184. This suggests that rolling out 5G on a mid-2020s timetable on existing sites is feasible within existing capex envelopes. Rolling out small cells in dense urban areas, which is where MNOs are likely to be most significantly capacity constrained, also appears feasible on a mid-2020s timetable. However, rolling out a more extensive 5G network that meets the needs of all potential use cases, may take considerably longer. 185. Given the greater number of cell sites likely required for 5G over the longer-term, the traditional model of cell deployment is likely to be too expensive and impractical to adopt. Operators will need to work together with local stakeholders to improve processes to enable more efficient small cell deployment. Page 186
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Future Telecoms Infrastructure Review 58 3.4 What is the best future market model for 5G? 186. The Government’s strategic priority is to promote efficient investment and innovation in 5G, and ensure that 5G deployment can occur at sufficient pace as new use cases and demand materialises. 187. There are a range of alternative market models that could emerge in the UK, with different approaches to service provision, network infrastructure and spectrum authorisation. We have considered three broad potential models and how they might promote 5G investment, innovation and availability: • Current Model. In this model, there would continue to be multiple vertically integrated national operators, sharing infrastructure through commercial arrangements and supplementing this with the use of independent infrastructure providers. Competition at the retail level would be largely driven by the MNOs, with a degree of wholesale access provision to resellers, including MVNOs. Spectrum authorisation would continue to be on the basis of long-term national licences. • Single National Wholesale Network. Under this model, a monopoly infrastructure provider would offer a wholesale service to MNOs and other wireless operators, with the aim of reducing costs and improving coverage. Spectrum might be pooled and allocated to the monopoly provider. An example of this model is the ‘Red Compartida’ or ‘shared network’ in Mexico. This is a wholesale-only network created as a result of government policy to expand mobile coverage, competition and create an environment for 5G services. • Market Expansion Model. This relies on competition between multiple national networks but also enables new infrastructure and spectrum access models. In this model, the UK would continue to benefit from network competition between multiple national operators. National networks would be supplemented by ‘neutral host’ infrastructure and private networks to, for example, deliver small cell deployments in urban areas and in-buildings, or to expand rural coverage beyond that delivered by the MNOs, or to serve new micro-markets such as industry ‘verticals’. Such infrastructure models could be supported by promoting access to 5G spectrum, through spectrum trading or potentially new spectrum sharing models. At the service level, enhanced mobile broadband services would be provided by MNOs and MVNOs, alongside new services enabled by existing and new players. 3.4.1 How we assessed these models 188. We have considered the potential models against a range of criteria – including the extent of 5G coverage, the pace of roll out, the costs, the incentives to improve quality and innovation over time, and how feasible it would be to implement the models.87 189. The Government recognises there is a debate about the optimal level of competitive intensity and consolidation in the UK mobile sector, and notes the number of recent mobile merger control cases across Europe, with a range of outcomes. The Government is clear that network competition between MNOs has been an important driver of mobile investment and expects that this will continue to be the case for 5G. Page 187
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Future Telecoms Infrastructure Review 59 190. As far as the Government is concerned, there is no magic number of mobile network operators. Each merger control case should be assessed on its merits at a particular time, by the relevant authorities. The European Commission, supported by Ofcom and the Competition and Markets Authority, rejected a proposed merger of O2 and Three in 2016 because of pricing concerns resulting from a reduction in retail competition; concerns about the impact that a merger of MNOs in different network sharing arrangements would have on innovation and network roll out; and unease that there would be a reduction in wholesale competition with fewer potential hosts for MVNOs.88 191. There can be a tension between incentivising investment (with positive consumer benefits in the longer-term) and protecting consumers from the risk of higher retail prices in the short-term. Some argue that the increased cost efficiencies and increased scale from consolidation would enable greater investment and better consumer outcomes.89 At the same time, other analysis suggests there is no significant difference in industry-level investment between four and three player markets.90 Mobile investment should be closely monitored by Ofcom and appropriate options considered if it were to become clear that the current market structure was not supporting network investment in 5G at sustainable levels. 3.4.2 5G market expansion 192. The Review concludes that market expansion has the potential to deliver the best outcomes in terms of 5G investment, innovation and availability. The national mobile network operators will be central to 5G’s successful delivery. 5G also creates the potential for innovative market entry via new infrastructure and service players. There could be strategic advantages in a model that maintains the benefits of competition between multiple national mobile network operators, while encouraging innovative solutions to specific connectivity challenges – for example, dense small cell networks to address in-building and outdoor hot-spots and not-spots, and improve rural coverage. 193. There is a role for policy and spectrum management in creating conditions that help to grow a competitive mobile market and support investment and innovation in 5G. The Review has identified four priority areas: • Make it easier and cheaper to deploy mobile infrastructure and support market expansion, including the implementation of the wide-ranging reforms to the Electronic Communications Code (ECC) on site access and consideration of further planning reforms; • Support the growth of infrastructure models that promote competition and investment in network densification and extension; • Fund beneficial 5G-enabled use cases through the Government’s 5G Testbeds and Trials Programme, to help de-risk business models for 5G; and • Promote new, innovative 5G services from existing and new players, through the release and authorisation of additional spectrum. Page 188
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Future Telecoms Infrastructure Review 60 3.5 Make it easier and cheaper to deploy mobile infrastructure 194. The Government has introduced recent reforms to planning policy and the Electronic Communications Code (ECC) to make it easier and cheaper to build mobile networks.91 Measures to date have largely focused on macro cells; however, 5G, in the longer-term, is likely to require greater deployment of small cells. Additional measures will be required to make small cell deployment cost effective and practical. The Government has created the Barrier Busting Task Force to work with both the fixed and mobile telecoms industry to identify barriers to network deployment. Industry has asked us to prioritise a number of actions to reduce deployment barriers: • Ensuring the ECC reforms achieve their intended effect; • Considering further planning reforms to support macro site expansion and small cell deployment; • Improving access to public sites and exploring ways to reduce costs; • Facilitating access to power supplies; and • Local solutions to address deployment barriers. 3.5.1 Electronic Communications Code 195. The ECC reforms came into force in December 2017. Independent economic analysis projected that these reforms could reduce the cost of accessing sites by around 40% over time.92 The Government’s view is that the reforms provide an effective regulatory framework to support infrastructure deployment. However, we recognise that there is a risk that these changes might lead to some market uncertainty and consequent negotiating difficulties during the transitional period. We are working closely with stakeholders across the sector to address these risks. The Government will consider undertaking a formal review of the ECC reforms to assess their impact in 2019. 3.5.2 Planning reforms 196. The Government recognises the need to keep planning regulation under review and to listen to suggestions from industry for how new technology is best supported in the planning regime. Therefore the Government will continue to work with the sector to promote understanding and take-up of the wide range of planning reforms brought forward and reflect on them to understand where the current planning regime could further support the deployment of digital infrastructure. If the telecoms industry can demonstrate that there are further reforms that could support deployment which warrant changes to planning, and make a clear case for change, we will work swiftly to consider the proposals and consult more widely on appropriate reforms. Our ambition, subject to the Parliamentary timetable, is to deliver any reforms as rapidly as possible. Page 189
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Future Telecoms Infrastructure Review 61 3.5.3 Access to public sites 197. The Government, as a major landlord in the UK, will open up its own estate to support the deployment of mobile infrastructure wherever possible. We have developed a Digital Infrastructure Toolkit to aid this process and are publishing it alongside this Review. This toolkit addresses feedback from industry about barriers to deployment on government buildings, and seeks to streamline the agreement process between departments and industry. The Government will keep the toolkit under review and publish updates on the number of sites that are hosting mobile infrastructure. 198. In the longer-term, the toolkit has the potential to inform best practice for the wider public sector – from town halls to museums. The Government encourages other public sector landlords to make their own assets more readily available for network deployment. 3.5.4 Transmission and power 199. The Government recognises that the successful rollout of networks depends on seamless collaboration between communications providers and local authorities, energy suppliers, and landowners. Government will facilitate dialogue between MNOs and Distribution Network Owners to discuss access to the electricity system, to enable the timely and cost-effective deployment of fibre that is suitable for mobile backhaul.93 3.5.5 Local solutions are required to address deployment barriers 200. Local solutions are essential to address deployment barriers and require better collaboration between all parties. The Government’s new Local Connectivity Group – bringing together local areas, industry and landowners – will publish best practice guidelines relating to the deployment of digital infrastructure at the local level by the end of the year. The Government intends to use the full range of available levers, including funding available through the 5G Testbeds and Trials Programme and Local Full Fibre Networks Programme, to encourage local areas to use the best practice guidelines to reduce or eliminate local barriers to deployment. Aberdeen – A city with a long-term vision to maximise connectivity Aberdeen City Council had a vision to maximise connectivity through world class infrastructure to ensure the long-term health of the City’s digital economy. The Council shaped its street furniture concession to target significant long-term investment in enabling infrastructure for 4G, 5G and other wireless services and sought to maximise wireless connectivity by ensuring that new infrastructure would be available to all network providers. It awarded the concession to Wireless Infrastructure Group (WIG) – an independent provider of wholesale infrastructure. After awarding the concession, the Council formed a steering group comprising representatives from several departments within the Council, including IT, Legal, Transport, Street Lighting, Planning, Roads and Digital Economy departments. This group worked in partnership with the concessionaire and played an essential role in developing efficient processes to access street furniture and ducts. This resulted in the delivery of wireless enabling infrastructure (shared antennas, cabinets, power, fibre, equipment hubs) ready to support future 5G services. Page 190
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Future Telecoms Infrastructure Review 62 3.6 Supporting infrastructure models that promote competition and investment in network densification and extension 201. The UK mobile sector has a range of different infrastructure models. The MNOs are vertically integrated, enabling downstream benefits generated by new investment (e.g. from retail customers or MVNOs) to be captured. ‘Neutral host’ or wholesale-only models could unlock new investment94, address some of the 5G deployment challenges and reduce barriers to entry for service providers. 202. Sharing of sites and network infrastructure, such as masts and antennas, could make the deployment of 5G more cost effective. The Government will support industry initiatives to build on current MNO commercial agreements to share infrastructure, provided this does not restrict competition in the market. 203. We also anticipate that different infrastructure models may be needed in different areas and as demand evolves. There are many potential forms of ‘neutral host’ infrastructure. At one extreme, a wireless infrastructure provider might supply passive mast and tower infrastructure only. At the other extreme, a neutral host provider could deploy their own active equipment, transmitting on behalf of MNOs and MVNOs either in their own spectrum or the MNOs’ spectrum and delivering a data stream back to the MNO or MVNO. 204. Neutral host providers could help boost network coverage in the following areas: • In remote rural areas, where there could be insufficient demand to justify multiple networks; • In dense urban areas, where shared networks could be desirable in order to reduce deployment costs and minimise street clutter; and • In offices and factories, where landlords may wish to self-deploy a single network (possibly through a third party service provider) to provide coverage and capacity within the building. 205. The Government has already recognised the role that wholesale infrastructure providers play in delivering investment, through its approach to reforming the Electronic Communications Code.95 Our 5G Testbeds and Trials programme will aim to trial a range of infrastructure models. 206. In urban areas, where operators are most likely to densify their networks, sites suitable for hosting 5G infrastructure will be at a premium. Publicly-owned assets, such as streetlights, CCTV networks, and buildings, could be ideal for the siting of wireless infrastructure, in particular small cells; local authority underground cable duct networks can also be useful to enable the installation of the dense fibre networks needed to connect small cell networks. 207. Competitively tendered concessions are one way in which local authorities can make these assets available to the market. However, the Government understands that many recent concession contracts have tended to prioritise short-term revenues over connectivity benefits for the local community. Page 191
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Future Telecoms Infrastructure Review 63 208. The Government would like to see all future concession awards giving greater priority to the proposed investment plans and quality of the mobile infrastructure provision of the bidders. The Government also believes that all future concession contracts should mandate the provision of the assets on an open access basis, under fair, reasonable and non-discriminatory terms. This approach should deliver better long-term outcomes for local areas. The Government’s new Local Connectivity Group will help to develop best practice in this area. 3.7 Stimulating demand and new use cases through the 5G Testbeds and Trials Programme 209. Given demand uncertainty and the fact that some 5G benefits (e.g. to productivity and public service provisions) may not be fully captured by the market, the Government has a major role to play through stimulating the growth of new use cases and so de-risking deployment. 210. The Government’s 5G Testbeds and Trials Programme is funding a series of projects that bring together existing telecoms players with those in ‘vertical’ industry sectors to explore different connectivity solutions and, critically, the business models. In addition to the world-leading project that the Government funded at the 5G Innovation Centre at Surrey University, the University of Bristol, and King’s College London, the Government has announced an initial phase of testbeds and trials (see figure 7), as well as an intention to fund a major urban connected community project. We will set out the next stages of the Programme shortly. Figure 7: 5G Testbeds and Trials Programme Phase 1 projects Liverpool 5G Testbed Healthcare in an urban setting The project will see high value technologies including low-cost open source 5G networks, artificial intelligence, virtual reality and IoT deployed across deprived communities in the Liverpool city region testbed. 5G RuralFirst Rural, agriculture and broadcast The project will explore a variety of potential benefits, from improving how farms grow crops and look after livestock, to making industrial equipment more efficient and reliable, to improving residents’ quality of life by better connecting them to TV, radio and online content. AutoAir Dense deployment, CAVs AutoAir will aim to make 5G technologies available for the validation and development of Connected and Autonomous Vehicles at the UK’s premiere vehicle proving ground at Millbrook 5G Rural Integrated Testbed (5GRIT) Rural, including farming and tourism 5GRIT will be trialling innovative use of 5G technology across a range of rural applications, such as smart agriculture, tourism and providing internet services to poorly-connected communities Worcestershire 5G Consortium Manufacturing and security The Consortium will explore a range of use cases including increased productivity in manufacturing, machinery fault detection, remote training, and ‘security by design’. Smart Tourism Tourism This testbed will focus on delivering enhanced experiences for tourists using Augmented Reality (AR) and Virtual Reality (VR), 3d motion tracking, and 4k 360° content streaming technology, in major attractions in Bath and Bristol, including the Roman Baths and Millennium Square. Source: DCMS 5G Testbeds and Trials Programme Page 192
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Future Telecoms Infrastructure Review 64 3.8 Securing a diverse set of innovative 5G services through spectrum policy 211. The Government is clear that the national mobile operators will be central to the successful delivery of 5G. Competition between existing operators, coupled with infrastructure sharing to reduce fixed costs, will remain an important driver of investment. Alongside this, 5G brings the potential for the expansion of a competitive mobile market with new players also playing an important role: attracting new sources of capital; introducing new business models; and stimulating innovation. 212. Under measures introduced by the Digital Economy Act 2017, the Government can set out its strategic priorities in relation to spectrum management, which Ofcom must take account of in exercising its regulatory functions. The Government has two key strategic priorities for the 3.6 – 3.8 GHz band – first, to ensure the most efficient use of the spectrum and, second, to facilitate access to spectrum to support the availability of new 5G services and applications, thus promoting dynamic efficiency and innovation. 213. Ofcom has set out a plan for releasing 5G spectrum in line with the timeframe for development of 5G standards and technology.96 This includes the 3.4 – 3.6 GHz auction which concluded in April 2018 and the plan to auction spectrum in the 700 MHz and 3.6 – 3.8 GHz bands in 2019. Ofcom is also considering a more flexible approach for the future licensing of the 3.8 – 4.2 GHz band and spectrum above 20 GHz. 214. The Government wants Ofcom to complete the award of the remaining 5G spectrum bands of 700 MHz and 3.6 – 3.8 GHz in a timely manner. We are also mindful, however, that the development of a set of innovative 5G services and new investment models may require more flexible approaches to spectrum licensing. This was also a key recommendation of the NIC’s 5G report.97 215. Ofcom has indicated plans to extend shared access to 3.8 – 4.2 GHz, allowing for coordination arrangements between new and existing users.98 However, this band is used by satellite earth stations and the Government understands that it may be a number of years until this band is widely available in consumer handsets and other 5G equipment, compared with the 3.6 – 3.8 GHz band and other bands harmonised for 5G in Europe. 3.8.1 Increasing spectrum utilisation, to promote efficient use of spectrum 216. Increasing demand for mobile data can be addressed, in part, by the use of higher frequency spectrum, which enables the provision of higher bandwidth services. In the short to medium- term, demand for capacity is likely to be concentrated in highly populated areas. In addition, the characteristics of spectrum propagation are such that the higher the frequency, the less far it travels (although this could be partially mitigated by 5G technological advancements). This means that, as higher frequencies are used, deployments are likely to be increasingly localised and targeted at areas of higher demand. There is therefore a possibility of higher frequency spectrum being under-utilised without the introduction of flexible authorisation approaches.99 Page 193
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Future Telecoms Infrastructure Review 65 217. The NIC recognised this challenge in their study: “Auctioning spectrum licences in large, national scale blocks, at these very high frequencies, risks a significant share of the radio spectrum lying fallow in large parts of the country where it is not profitable for operators … deploying the dense networks described above may not be profitable for the major operators in these areas, yet the spectrum will still be inaccessible to other users. This could act as a barrier to entry for new firms to compete in the provision in mobile services and may impede the most widespread deployment of 5G high frequency small cells.”100 218. The 5G Innovation Centre at the University of Surrey has estimated that a traditional licensing route for 3.6 – 3.8 GHz spectrum could lead to a low geographic spectrum efficiency outcome.101 3.8.2 Providing access to spectrum, to promote dynamic efficiency and innovation 219. Spectrum sharing models could enable new players, alongside existing mobile operators, to access spectrum and invest in new business models. They could unlock opportunities for innovative 5G use cases and help increase the availability of services by addressing specific connectivity challenges, including: • Community or small provider solutions (e.g. fixed wireless access) to meet the needs of local, often rural, areas;102 • Wholesale-only providers to address urban hot-spots and not-spots (indoors and outdoors) through small cell networks; and • Private networks to support innovation in the industrial internet of things, including wireless automation and robotics. 220. Evidence provided to this Review has found that potential market entrants are seeking more certain access to 5G spectrum to support their investments, for example access to light-licensed spectrum on a first come, first served basis.103 221. The evidence this Review has received indicates that there are various potential shared access models that merit consideration, including: • Light-licensing models, which permit coordinated use of spectrum across the country by multiple operators through a registration process and database. This could be through localised or pay as you go licences. Having some 5G spectrum set aside for light-licensing would ensure that there would always be some spectrum available for shared access, to create investment certainty for new entrants, even in urban areas where MNOs are likely to deploy these frequencies.104 Access to this block could be controlled by database access in order to provide future flexibility. This could support use cases including indoor coverage for factories, office buildings and event venues in urban areas; neutral hosts for mobile network densification; and road and rail corridors. Page 194
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Future Telecoms Infrastructure Review 66 • Dynamic spectrum access (DSA), which uses a database to identify spectrum that is unused at any time and location by the licensed incumbent and make it available to other users without causing interference. This model would provide opportunistic access to spectrum to existing and new players by making available unused 5G spectrum, and would give priority to the principal licensee. DSA techniques are already used in so-called TV White Space, which is unused spectrum in the frequency bands used for Digital Terrestrial Television broadcasting. This method is likely to be particularly useful to enable the provision of wireless broadband services in rural areas that are less likely to be covered by 5G mobile networks. • Other models, include licence-exempt access like Wi-Fi, or concurrent shared access, where multiple operators are licensed to operate in the same spectrum, and coordinate interference management between themselves – an example of which is the 1800 MHz guard band. 222. Different models will raise trade-offs around network competition, innovation and widespread deployment of 5G. The Government recognises that operators have a preference for national licences and that wide spectrum holdings will be needed to provide high quality 5G services. At the same time, we have a strategic priority to ensure the efficient use of new 5G spectrum and encourage innovative uses. 223. We would, therefore, encourage Ofcom to assess the feasibility, costs and benefits of potential flexible licensing models, and also consider the trade-offs involved, as part of its continuing consultation on the planned release of spectrum in the 3.6 – 3.8 GHz band, in addition to its work on the 3.8 – 4.2 GHz band. 224. The Review observes that many other national authorities are adopting flexible 5G licensing strategies to enhance efficiency and innovation in the use of spectrum: • In Germany, where there are three national MNOs, 3400 – 3700 MHz spectrum will be assigned on a national basis to cater for the nationwide operators, and the remaining 100 MHz (3700 – 3800 MHz) will be assigned on a local and regional basis. The aim is to ensure that spectrum is used efficiently and emerging spectrum requirements can be met, including for small and medium-sized enterprises, and industrial applications;105 • In Sweden, the regulator is planning to award the 3400 – 3800 MHz frequency bands in sub- national areas defined according to population density; • In France, the regulator has made 3410 – 3460 MHz available for regional licences for wireless broadband services to be deployed in areas where high speed networks are not available in the short-term, subject to deployment and coverage obligations; • The Italian regulator has announced that it will auction two blocks of 80 MHz and two blocks of 20 MHz in the 3.6 – 3.8 GHz band, with measures to encourage roll out in rural areas and with the express intention of encouraging independent infrastructure providers, as well as service providers targeting specific industry sectors; and Page 195
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Future Telecoms Infrastructure Review 67 • In the US, the Federal Communications Commission has established the Citizens Broadband Radio Service for shared wireless broadband services in the 3550 -3700 MHz band. This operates through a tiered framework to allow for a number of commercial uses, and will be managed by a dynamic spectrum access system. Using ‘White Spaces’ to deliver superfast broadband Broadway Partners is using dynamic spectrum management techniques to access unused spectrum in TV White Space to deliver superfast broadband on the Isle of Arran. Broadway Partners uses hybrid state-of-the-art 5 GHz (Wi-Fi) and TV White Space networking solutions that are well suited for both hard to reach rural areas and urban not-spots. They work in collaboration with leading experts in White Space technology, including Microsoft, Nominet, Strathclyde University and King’s College London. The 5G Testbeds and Trials Programme is supporting further projects looking at this area. The 5G Rural First project will trial rural use cases (such as agri-tech, broadcasting and community connectivity) using spectrum sharing, including dynamic spectrum access technologies. The focus is on testing and demonstrating innovative approaches for ensuring that 5G connectivity is accessible and affordable in hard-to-reach rural areas, such as Somerset, Shropshire and the Orkney Islands. The project partners hope to test the potential for 5G to encompass and integrate licensed, licence-exempt and shared spectrum, as well as new models for infrastructure ownership such as community mobile networks. 225. In order to identify the opportunities for spectrum sharing in the mobile bands and the extent to which spectrum sharing policies are increasing the utilisation of spectrum, the Government will ask Ofcom to report on the utilisation of spectrum in the mobile bands. This information will identify the parts of the UK where spectrum in each mobile band is not being fully utilised and the extent to which it is being used by non-MNOs and/or through spectrum sharing arrangements. 226. More broadly, the Government believes that there should be greater liquidity in the spectrum market. The Government would like Ofcom to provide clarity that leasing of mobile spectrum is not prohibited, to promote greater liquidity in the spectrum trading market. Page 196
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4: CONVERGENCE OF NETWORKS AND MARKETS Page 197
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Future Telecoms Infrastructure Review 69 Convergence of networks and markets 4.1 Government’s ambition 227. In the longer-term, the Government expects to see a more converged telecoms sector, recognising the benefits of convergence across fixed and mobile networks. 4.1.1 Convergence of networks 228. Full fibre networks and 5G are complementary, and the distinction between fixed networks and mobile networks is increasingly being eroded.106 Delivering the high speed and high capacity capabilities of 5G will require dense fibre networks. In some places 5G could provide a more cost- effective way of providing ultra-fast connectivity to homes and businesses. 4G and 5G technology can be used to provide high capacity wireless broadband connections to the home. 5G has the potential to deliver seamless connectivity, so that consumers with wirelessly connected devices will be able to move easily between mobile and fixed networks. 229. The technology synergies between 5G and fixed networks are likely to create strategic advantages for operators that have interests in both. These will likely derive from economies of scope and higher utilisation of network capacity, on the cost side, and from the ability to bundle services and offer new products like fixed wireless access on the revenue side. 4.1.2 Convergence of markets 230. Consumers can benefit from an expansion of converged offers, allowing more seamless delivery of content and services across networks and enabling simpler billing and more flexible tariffs. We should ensure that obstacles are removed that could prevent or impede the greater convergence of fixed and mobile networks in the UK, given the benefits for long-term infrastructure investment. 231. The UK market has recently seen the growth in the availability of retail bundles that include multiple services such as broadband and pay-TV, with quad-play bundles now also adding mobile telecoms services. 232. However, in the UK, there are fewer converged or integrated network operators compared to some other markets. Countries with the best fibre infrastructure tend to be characterised by significant network convergence and the use of fibre networks for fixed, mobile and IPTV services. For example, in Spain, 96% of fixed broadband services are bundled with other types of communications services, and in France the four leading French operators107 have also implemented converged strategies by launching fixed-mobile and pay TV bundles.108 Page 198
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Future Telecoms Infrastructure Review 70 4.2 A flexible policy and regulatory framework that recognises convergence 233. Our preferred market models, detailed in section 2 and 3, will create greater opportunities for network convergence in the UK, by supporting strategic relationships between fixed and mobile operators seeking to exploit these synergies. We would expect to see operators, in future, considering the benefits of using their assets for both fixed and wireless networks, rather than operating as stand-alone providers. 234. The policy and regulatory framework should be sufficiently flexible and forward-looking to reflect the growing convergence between fixed and mobile networks and services. This could be achieved through: • Removing practical obstacles or barriers to converged networks; • Considering access network requirements holistically, through unified market reviews; and • Allowing operators to benefit from unrestricted usage of Openreach’s passive infrastructure for the provision of mobile backhaul services. 4.2.1 Removing practical obstacles or barriers to converged networks 235. One of the key challenges in building fibre networks that support multiple services (i.e. fixed and 5G) will be to forecast accurately where 5G cell sites will be needed in future. This will be necessary to identify extra fibres and break-out points that can be incorporated into physical networks today, thereby reducing the need for subsequent civil engineering when 5G networks are rolled out. It is important that the networks required for full fibre services are built in ways that can support 5G cells. 236. The Government would like network operators and mobile operators, working with local authorities and other relevant parties, to engage on the likely locations for 5G cell sites, for the purpose of ensuring that fibre networks can be future-proofed.109 237. The Government will support this by ensuring that existing programmes, in particular 5G Trials and Testbeds and LFFN, promote investments that recognise convergence, and use the new Local Connectivity Group to share information from these programmes more widely. 4.2.2 Recognising convergence and considering access network requirements holistically, through unified market reviews 238. Ofcom currently conducts separate market reviews for business connectivity and wholesale local access market (covering homes and small businesses). As wholesale access networks move from copper to fibre, networks are increasingly able to support a range of uses. For example, FTTP networks built for residential broadband can also be used for mobile backhaul. Page 199
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Future Telecoms Infrastructure Review 71 239. This distinction between markets may lead to inefficient investment decisions. For example, the DPA remedy only applies to the WLA market and can be used only for fibre deployments which are primarily intended for residential or small business use110, but not for fibre networks that serve dedicated mobile backhaul links or core network links for fixed networks. Fibre providers who want to exploit synergies and provide multiple services, including for mobile network backhaul, may therefore be excluded from using DPA, increasing their costs, and increasing the costs of 5G roll out. 240. Ofcom should consider moving to single, unified market reviews. Combined with the availability of longer review periods (outlined in section 2), this would signal a long-term commitment to support infrastructure investment. 4.2.3 Unrestricted access to ducts and poles for all purposes 241. A key requirement of 5G networks will be the increase in fibre needed for mobile backhaul. The backhaul links for small cells, for example, will need to be high speed and high capacity, to match the capacity of 5G radio networks. It is important that mobile operators and infrastructure providers have access to the key inputs for network densification, including sufficient fibre backhaul capacity. 242. As noted above, access to Openreach’s duct and pole network will be an essential tool to ensure that industry can deploy cost-effective backhaul services that can scale to meet the demands of 5G networks. France and Spain, for example, require operators with significant market power to provide access to their ducting networks for the purposes of deploying fibre networks, including for mobile backhaul.111 243. Ofcom has prescribed duct and pole access (the regulated product is known as Physical Infrastructure Access or ‘PIA’) as an ex ante remedy in the market for Wholesale Local Access.112 Under this remedy, the right of access to Openreach ducts and poles is restricted to networks used primarily to deliver broadband to small offices and homes.113 244. Ofcom should consider removing these restrictions on use as soon as possible, so that DPA can be used to support fibre networks for mobile backhaul. In line with the recommendations in section 2.5, where DPA is not available or of sufficient quality, the Government would also like Ofcom to assess the merits of alternative effective backstop remedies, including dark fibre access. 245. The Government has received a range of evidence from industry on the case for a viable, cost- effective dark fibre access remedy on Openreach for mobile backhaul. The Government encourages Ofcom to consider the merits of this regulatory option. 246. As noted in section 2.5 of this Review, greater use should also be made of other multi-utility infrastructure where possible, to support the cost-effective deployment of fibre for mobile backhaul. The Communications (Access to Infrastructure) Regulations 2016 provide a framework for this, but evidence suggests that the market is not yet making extensive use of these regulations. As mentioned in section 2.5, the Government intends to review these Regulations in 2019. Page 200
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5: NEXT STEPS Page 201
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Future Telecoms Infrastructure Review 73 Next Steps 247. This document sets out a national, long-term strategy for digital connectivity. Building the infrastructure across the country to support world-class connectivity is a significant undertaking. Government, regulator and industry must work together to make it happen. We will create the supportive market and policy conditions. We will look to industry to attract the necessary capital, roll out the infrastructure and promote take-up. 248. The strategy sets out a package of policy measures that the Government will take forward in the short-term. These are summarised in the following pages. There has been a long history of cooperation with the Devolved Administrations, especially in the rollout of superfast broadband, that we intend to continue. We recognise that some of these issues will be devolved or linked to devolved strategies, for example, issues concerned with planning or any changes to building regulations. We will continue to work closely with the devolved administrations in taking this forward. 249. We will shortly publish consultations on legislative changes to streamline wayleaves and mandate fibre in new builds. The Government will keep planning regulations under review and continue to work with the sector to promote take-up of the wide range of planning reforms brought forward, and to understand where the current planning regime could further support the deployment of digital infrastructure. 250. The EU’s new directive for electronic communications – the EECC – is currently under negotiation. It is likely to be adopted by the EU shortly. If adopted, we are minded to implement, where appropriate, the substantive provisions in UK law, on the basis that it would support the UK’s domestic policy objectives.This will enable the extension of market review periods to five years and provide mechanisms to aid fibre network roll out in certain areas. 251. The Government will pursue an ‘outside in’ strategy to support deployment of full fibre to the commercially most difficult to reach premises, likely to be around 10% of the total (approximately 3 million premises). We will use competitive tenders to award contracts for these areas to commercial operators, in order to minimise any public subsidy requirements and ensure fairly priced services. The Government has already identified around £200 million within the existing Superfast programme that can further the delivery of full fibre networks. The Government will determine the longer-term options for funding rural connectivity as part of the forthcoming Spending Review process. 252. The conclusions of the Review will also form the basis of the Government’s Statement of Strategic Priorities to Ofcom, setting out the strategic objectives and outcomes that the regulator should have regard to in the exercise of its regulatory functions. In particular, the Statement will emphasise the importance of promoting investment as the key to achieving UK’s connectivity ambitions. Page 202
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Future Telecoms Infrastructure Review 74 253. The delivery of this national broadband strategy is a core part of the UK’s Industrial Strategy and is of fundamental importance to the country’s future global competitiveness. We will, therefore, monitor progress on an annual basis and undertake a full review of the strategy’s impact after three years. At this point, we will consider all additional measures to ensure the strategy is on track, including actions, if necessary, in those parts of the country that have not benefited from competitive deployment, but where operators could reasonably have been expected to have deployed fibre networks over this period. The Government will consider the more widespread use of ‘competition for the market’ mechanisms to ensure the roll out of fibre networks in those parts of the country. Summary of FTIR recommendations Full fibre connectivity Reducing costs and barriers to deployment • The Government will consult on new legislation to reform existing wayleaves arrangements – to provide a ‘right to entry’ for communications providers – and ensure full fibre connections to new build developments. • The Government will streamline the permits regime and introduce best practice and guidance toolkit for street works. Promoting market entry and expansion for new network operators • The Government will continue to work with Ofcom to ensure that Openreach cooperates fully with DPA requirements to open up its passive infrastructure. If the evidence shows that this remedy is not being implemented properly, the Government will consider all options with Ofcom to ensure compliance. • Where ducts and poles are not available or ineffective, the Government will encourage Ofcom to consider other options to enable market entry by alternative networks, including dark fibre access. • The Government will carry out a review of Communications (Access to Infrastructure) Regulations 2016 by 2019 to assess if there are improvements that could be made to further boost investment in infrastructure. • Ofcom should work collaboratively with other regulators to ensure that multi-utility passive sharing opportunities are explored, and barriers addressed. • The Government will continue to build on the successes of existing programmes to stimulate demand for fibre services, including actively considering full fibre solutions when purchasing government services. Stable and long-term regulation that incentivises competitive network investment • The Government’s overarching strategic priority is to promote efficient competition and investment in world-class digital networks. The Government’s view is that promoting investment should be prioritised over interventions to further reduce retail prices in the near term, recognising these longer-term benefits. • The Government has identified a set of outcomes with a view to achieving this strategic priority: Page 203
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Future Telecoms Infrastructure Review 75 • The Government believes that a move to longer, five year review periods could provide greater regulatory stability and promote investment. • The Government would encourage Ofcom to publish guidance that clearly sets out the approach and information it will use in determining a ‘fair bet’ return. • The Government’s view is that regulatory forbearance is considered by Ofcom in developing its regulatory approach to incentivise the roll out of full fibre networks. • The Government’s view is the regulatory framework should provide reassurance that the interests of consumers are safeguarded as fibre markets become more competitive. • For areas where there is actual or prospective effective competition between networks, Government would not anticipate the need for regulation. For other areas, we would expect the regulatory model for to evolve over time as networks are established. If market power emerges, regulated access (including price controls) may be needed to address competition concerns. These detailed regulatory decisions will be for Ofcom to take. • For areas where there may not be commercial investment, even when commercially viable: • The Government will consider using ‘competition for the market’ mechanisms to secure deployment, including new powers under the EECC. • The Government will discuss with BT and Ofcom how transparency measures might be introduced. • The Government is determined to work with Ofcom, communication providers, and other key stakeholders such as consumer groups to improve overall customer service in telecoms, drive up standards and ensure that the consumer environment supports our full fibre ambitions. The Government will be considering the responses to the Consumer Green Paper that consultation and what further steps it needs to take to ensure that consumer markets, including the telecoms market, work for all, both now and in the future. Ensuring world class connectivity for all • The Government will pursue an ‘outside in’ strategy to support deployment of full fibre to the commercially most difficult to reach premises, likely to be around 10% of the total (approximately 3 million premises), starting at the same time as the market deploying to commercially viable areas. • We will use competitive tenders to award contracts for these areas to commercial operators, in order to minimise any public subsidy requirements and ensure fairly priced services. • The Government has already identified around £200 million within the existing Superfast Programme that can further the delivery of full fibre networks. • The Government will also ensure that programmes delivered through the National Productivity Investment Fund (NPIF) are consistent with the objective of deployment of full fibre across the country. • The Government and Ofcom will consider further how our ambitions for fibre deployment can complement existing programmes including the roll out of the broadband Universal Service Obligation (USO) from 2020 to maximise investment in full fibre. • The Government will determine the longer-term options for funding rural connectivity as part of the forthcoming Spending Review process. Page 204
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Future Telecoms Infrastructure Review 76 Supporting the timely switchover to new full fibre networks • Switchover should be led by industry, working closely with Ofcom and Government. The Government will set up a mechanism with Ofcom and industry to plan switchover. • Switchover should meet a number of clear policy conditions: • Plans support a timely switchover; • Efficient, so that switchover is smooth with minimal consumer disruption; • Transparent, so that customers have the information they need to make informed choices and clearly signalled via notice periods so operators have certainty; • Consistent, with existing regulatory and consumer obligations; • Pro-competitive, so processes are in place to support easy switching between networks; and • A fair deal for consumers and adequate safeguards for vulnerable customers. • Ofcom will continue to have a role in ensuring that switching processes are easy and reliable for consumers, where customers switch between ISPs on different fibre networks. Legal separation of Openreach from BT • The Government wants legal separation to be completed as soon as possible and for Openreach to address all outstanding actions, particularly the transfer of staff from BT to Openreach. • The Government will consider all additional measures if BT Group fails to deliver its commitments and regulatory obligations and if Openreach does not deliver on its purpose of investing in way that responds to the needs of its downstream customers. A world leader in 5G Make it easier and cheaper to deploy mobile infrastructure • The Government recognises the need to keep planning regulation under review and will continue to work with the sector to promote take-up of the wide range of planning reforms brought forward and to understand where the current planning regime could further support the deployment of digital infrastructure. • The Government, as a major landlord in the UK, will open up its own estate to support the deployment of mobile infrastructure wherever possible. • The Government will consider undertaking a formal review of the ECC reforms to assess their impact in 2019. • The Government will work with industry to understand their concerns and explore whether there are additional ways to support collaboration between utility providers and communications providers to deliver connections to energy infrastructure in as timely and cost-effective manner as possible. • The Government’s new Local Connectivity Group – bringing together local areas, industry and landowners – will publish best practice guidelines relating to the deployment of digital infrastructure at the local level by the end of the year. Page 205
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Future Telecoms Infrastructure Review 77 Supporting infrastructure models that promote competition and investment in network densification and extension • The Government would like to see all future concession awards giving greater priority to the proposed investment plans and quality of the mobile infrastructure provision of the bidders. • The Government intends to use the 5G Testbeds and Trials programme to trial a range of infrastructure models. • The Government’s new Local Connectivity Group will help to develop best practice in awarding concessions. Stimulating demand and new use cases through the 5G Testbeds and Trials Programme • The Government’s £200 million 5G Testbeds and Trials programme will fund projects to explore different connectivity solutions and business models for 5G. • The next phase of the Programme will be a major urban connected community project. Securing a diverse set of innovative 5G services through spectrum policy • The Government wants Ofcom to complete the award of the remaining 5G spectrum bands of 700 MHz and 3.6 – 3.8 GHz in a timely manner. • The Government would like Ofcom to assess the feasibility and costs and benefits of potential flexible licensing models as part of its planned release of spectrum in the 3.6 – 3.8 and 3.8 – 4.2 GHz bands. • The Government will ask Ofcom to report on the utilisation of spectrum in mobile bands. • The Government would like Ofcom to provide clarity that leasing of mobile spectrum is not prohibited, to promote greater liquidity in the spectrum trading market. Convergence of networks and markets • The Government’s view is that the policy and regulatory framework should be sufficiently flexible and forward-looking to reflect the growing convergence between fixed and mobile networks and services. This could be achieved through: • Removing practical obstacles or barriers to converged networks; • Recognising convergence and considering access network requirements holistically, through unified market reviews; and • Allowing operators to benefit from unrestricted usage of Openreach’s passive infrastructure for the provision of mobile backhaul services. • Government would like network operators and mobile operators, working with local authorities and other relevant parties, to engage on the likely locations for 5G cell sites, for the purpose of ensuring that fibre networks can be future-proofed. • Government will ensure that existing programmes, in particular 5G Testbeds and Trials and LFFN, promote investments that recognise convergence, and use the new Local Connectivity Group to share information from these programmes more widely. Page 206
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Future Telecoms Infrastructure Review 79 Glossary of Terms Term Definition 3G Third generation of mobile systems. Provides high-speed data transmission and supporting multimedia applications such as full-motion video, video-conferencing and Internet access. 4G Fourth generation mobile phone standards and technology. Provides faster mobile data speeds than the 3G standards that it succeeds. 5G The term used to describe the next generation of wireless networks beyond 4G LTE mobile networks. 5G is expected to deliver faster data rates and better user experience. Technical standards are still under development and are likely to include both an evolution of existing and new radio technologies. 5G Testbeds and Trials programme A programme that coordinates the development of 5G services and applications through a series of trials, which contribute to the development of the 5G ecosystem across the UK. Anchor Tenant A situation where an operator makes a commercial agreement with a user who will guarantee a minimum amount of use on their network. Artificial Intelligence The simulation of human intelligence processes by machines, especially computer systems. Broadband Delivery UK (BDUK) A Government agency established to monitor subsidised roll out of broadband networks. Business Rates Business rates (or non-domestic rates) are taxes charged on the occupation of non-domestic property (for example, offices and shops) in the UK. This includes telecoms networks. Communications Providers (CPs) A person who provides an Electronic Communications Network or provides an Electronic Communications Service. Communications (Access to Infrastructure) Regulations 2016 Regulations to allow access to existing infrastructure on fair and reasonable terms. Implemented in domestic law via the EU Directive on measures to reduce the cost of deploying high-speed electronic communications networks. Sometimes referred to as ‘the 2016 Regulations’. Convergence This can refer to both network convergence – the convergence of wireless and fixed networks – and service convergence – the provision of fixed, mobile and content services from the same provider. Dark Fibre Optical fibre already deployed (e.g. in ducts) but not in use or ‘unlit’. Page 208
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Future Telecoms Infrastructure Review 80 Term Definition Digital Economy Act 2017 An Act of Parliament which addresses issues relating to electronic communications services, made into law in April 2017. Digital Infrastructure Investment Fund (DIIF) A £400 million fund launched by HM Treasury, to be at least matched by private sector investors, designed to catalyse investment in full fibre networks. Data Over Cable Service Interface Specification (DOCSIS) A technology which allows high-bandwidth data transfer to an existing cable TV (CATV) system, primarily used by Virgin Media. Duct and Pole Access (DPA) Access to underground ducts and telegraph poles, used to assist in network deployment. Ex Ante Regulation ‘Before the event’ market intervention by a regulatory body, including measures such as pricing regulation and placing obligations on a provider or providers to offer wholesale products. Ex Post Regulation ‘After the event’ regulatory tools such as competition law, arbitration and penalty processes. European Electronic Communications Code (EECC) The EECC is a European directive setting out current rules for telecoms. The EECC will replace the following four existing telecoms directives: Framework, Access, Authorisation and Universal Service. Exchange A building which houses electronic equipment that connects telephone calls. Backhaul links from a content provider are terminated here to connect access links to end users. Fair Bet Principle An Ofcom concept in which an investment is a ‘fair bet’ if, at the time of investment, expected return is equal to the cost of capital. This means that, in order to ensure that an investment is a fair bet, the firm should be allowed to enjoy ‘upside’ returns when demand turns out to be high (i.e. allow returns higher than the cost of capital) to balance the fact that the firm will earn returns below the cost of capital if demand turns out to be low. Fibre Backhaul The part of the communications network which connects a local exchange or base station to the CP’s core network. Fibre to the Basement (FTTB) Access network using optical fibre to provide the connection between the exchange and the basement of a multi- dwelling unit. An internal cable then distributes the service to the users premises. Fibre to the Cabinet (FTTC) Access network consisting of optical fibre extending from the exchange to the street cabinet. The street cabinet is usually located only a few hundred metres to the subscribers’ premises. The remaining segment of the access network from the cabinet to the customer is usually by copper phone lines but could use another technology, such as wireless. Page 209
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Future Telecoms Infrastructure Review 81 Term Definition Fibre to the Premises (FTTP), or Full Fibre An access network using optical fibre network to provide the connection between the local exchange and the end users’ houses or business premises. The optical fibre may be point-to-point – a dedicated fibre connection for each home – or may use a shared infrastructure such as GPON (Gigabit passive optical network). Fixed Wireless Access (FWA) Internet access provided over the airwaves using cellular network technology, rather than a physical connection through traditional fibre or copper wiring. GHz Gigahertz – a unit of frequency of 1 billion cycles per second. Gigabit Broadband Voucher Scheme (GBVS) The GBVS is being delivered by the Local Full Fibre Networks programme. The scheme offers vouchers worth up to £3,000 for small businesses and £500 for residents in a group project to offset the installation cost of a gigabit-capable broadband connection. Gigabit connectivity/speeds A broadband connection of at least 1 Gbps/1,000 Mbps. Hybrid Fibre Coax (HFC) An access network technology comparable to fibre to the cabinet (FTTC) where the connection between the exchange and the cabinet is by fibre optic cable and then the connection between the cabinet and the home was by coaxial cable amplified to maintain signal strength and quality. Industrial Strategy The Government’s Industrial Strategy – published in November 2017 – which sets out the Government’s plan to create an economy that boosts productivity and earning power throughout the UK. Internet Service Providers (ISPs) A retail service provider who provides access to internet services. Latency The time it takes for data to travel to a data centre server and back. Local Full Fibre Networks programme (LFFN) The Local Full Fibre Networks programme is a Government initiative designed to address market lag in the deployment of FTTP by stimulating commercial investment in full fibre networks across the UK. Long Term Evolution (LTE) Long Term Evolution is a standard for communication of high-speed data for mobile phones and data terminals. The term 4G is generally used to refer to mobile broadband services delivered using mobile technologies, including Long Term Evolution and WiMAX. Macro Cell A macro cell provides wide-area radio coverage infrastructure for a mobile network. The antennas for macro cells are mounted on ground-based masts, rooftops and other existing structures. MHz Megahertz – a unit of frequency of 1 million cycles per second. Page 210
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Future Telecoms Infrastructure Review 82 Term Definition Mobile Backhaul In a mobile network, backhaul is the connection between a given mobile site (e.g. a base station) and the core network. Mobile Broadband Various types of wireless, high speed internet access provided through a cellular network. Mobile Network Operator A provider of wireless communications services that owns or controls all the elements necessary to provide services to an end user including radio spectrum, wireless core network infrastructure and backhaul infrastructure. Mobile Virtual Network Operators (MVNOs) A mobile service provider which does not own the network infrastructure over which it provides a service, but which uses the infrastructure of a Mobile Network Operator to provide its services. National Productivity Investment Fund (NPIF) A £740 million fund, announced at Autumn Statement 2016, designed to boost productivity, in areas such as transport, housing, digital communications and research and development. Network Slicing Network slicing is a form of virtual network architecture which allows for parts of a network – with predefined specifications and quality of service – to be available for different purposes and/or users. Network operators can thereby provide dedicated virtual networks to different customers over a common network. New Radio 5G New Radio refers to the specification of the radio transmission between mobile transmitters and receivers which will be required for 5G. This could provide increased data capacity and faster speeds by using wider spectrum bandwidths. Physical Infrastructure Access (PIA) Openreach’s regulated duct and pole access product. Premises A house or building used for residential or business purposes within a postcode area. Small Cell An overarching term for low-powered radio access nodes that help provide service to both indoor and outdoor areas. Spectrum The descriptor of the range of electromagnetic frequencies which can be modulated to carry information. Superfast Broadband A broadband connection that can support a download speed of 24 Mbps or greater (EU 30 Mbps). Supply Chain Widely interpreted as being multi-tiered and being both upstream (supply) (i.e. between the organisation and the organisation’s suppliers or suppliers’ suppliers) and downstream (demand) (i.e. between the organisation and its market). Page 211
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Future Telecoms Infrastructure Review 83 Term Definition Statement of Strategic Priorities (SSP) for Ofcom As described in Clause 98 of the Digital Economy Act 2017, the SSP will set out the Government’s strategic priorities for Ofcom in telecommunications, the management of radio spectrum, and postal services. Under the legislation Ofcom must have regard to the Statement when carrying out its regulatory functions. Ultrafast Broadband A broadband connection that can support a download speed of 100 Mbps or greater. Universal Service Obligation (USO) A legal right established by UK Government for everyone to access high speed fixed broadband (10 Mbps download, 1 Mbps upload) if they do not have it, subject to a cost threshold. Wayleave An agreement between a landowner and utility provider landowner allowing access to land for the installation of infrastructure or equipment. Wi-Fi Short-range wireless technology using any type of 802.11 standards such as 802.11b or 802.11a. These technologies allow an over-the-air connection between a wireless client and an access point, or between two wireless clients. WiMax A wireless data transfer technology usually longer range than Wi-Fi. Page 212
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Future Telecoms Infrastructure Review 84 Endnotes 1 Ofcom (2018), ‘Connected Nations Spring Update’ https://www.ofcom.org.uk/__data/assets/pdf_file/0017/113543/Connected-Nations-update-Spring-2018.pdf 2 Ofcom (2017), ‘International Communications Market Report https://www.ofcom.org.uk/__data/assets/pdf_file/0032/108896/icmr-2017.pdf 3 Full fibre target set out by Chancellor 22 May https://www.gov.uk/government/speeches/chancellor-speech-cbi-annual- dinner-2018. 5G target based on Conservative manifesto commitment. https://s3-eu-west-1.amazonaws.com/2017-manifestos/ Conservative+Manifesto+2017.pdf 4 BEIS (2018), ‘Industrial Strategy’ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/664563/industrial-strategy-white-paper-web-ready-version.pdf 5 This is an estimate of total deployment capex (undiscounted) under a competitive model (i.e. with network competition). This excludes connection costs and operating expenses over the lifetime of the network. 6 National Infrastructure Commission (2018). ‘National Infrastructure Assessment’ www.nic.org.uk/publications/national-infrastructure-assessment-2018/ 7 We have commissioned analysis from Frontier Economics to model the economics of fibre roll out in the UK and analyse the impacts of different interventions. The report and the findings can be found at Annex A. 8 Our analysis suggests that three network areas could be up to 60%, driven largely by deployment costs. 9 Ofcom (2018), ‘Wholesale Local Access Market Review – Statement’ https://www.ofcom.org.uk/__data/assets/pdf_file/0020/112475/wla-statement-vol-1.pdf 10 Long Term Evolution (LTE) – a standard for communication of high-speed data for mobile phones and data terminals. The term 4G is generally used to refer to mobile broadband services delivered using mobile technologies, including Long Term Evolution and WiMAX. WiFi – Short-range wireless technology using any type of 802.11 standards such as 802.11b or 802.11a. These technologies allow an over-the-air connection between a wireless client and an access point, or between two wireless clients. New Radio – refers to the specification of the radio transmission between mobile transmitters and receivers which will be required for 5G. This could provide increased data capacity and faster speeds by using wider spectrum bandwidths. 11 Network Slicing – a form of virtual network architecture which allows for parts of a network – with predefined specifications and quality of service – to be available for different purposes and/or users. Network operators can thereby provide dedicated virtual networks to different customers over a common network. 12 This is this the present discounted value after taking account of the costs of building, operating and maintaining full fibre networks compared with continuing to operate and maintain the existing copper network. 13 Frontier Economics (2017), ‘Future Benefits of Broadband Networks’ https://www.nic.org.uk/wp-content/uploads/Benefits- analysis.pdf and Tactics/Prism (2017), ‘Costs for Digital Communications Infrastructures https://www.nic.org.uk/wp-content/ uploads/Cost-analysis.pdf 14 The estimated benefits include only the benefits to consumers from being able to access new innovative services and cost savings in the delivery of public services. There is no allowance for wider economic benefits associated with productivity improvements, greater scope for innovation, enhanced labour force participation, or ‘externality’ impacts related to improved health, wellbeing, inclusion or environmental benefits. 15 Ofcom (2018), ‘The economic impact of broadband’ https://www.ofcom.org.uk/research-and-data/telecoms-research/broadband-research/economic-impact-broadband 16 Regeneris (2018), ‘The Economic Impact of Full Fibre Infrastructure in 100 UK Towns and Cities’ https://cityfibre-electricstudiolt.netdna-ssl.com/wp-content/uploads/2018/03/The-Economic-Impact-of-Full-Fibre- Infrastructure-in-100-UK-Towns-and-Cities-12.03.18.pdf 17 Based on Openreach’s KPIs, there were a total of 3.2 million faults on Openreach’s 25 million copper lines, from Ofcom (2016), ‘Initial conclusions from the Strategic Review of Digital Communications’ https://www.ofcom.org.uk/__data/assets/pdf_file/0016/50416/dcr-statement.pdf Page 213
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Future Telecoms Infrastructure Review 85 18 DCMS (2017), ‘A 5G Strategy for the UK’ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/ attachment_data/file/597421/07.03.17_5G_strategy_-_for_publication.pdf ; DCMS (2017), ‘An Update to the 5G Strategy for the UK’ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677598/ Next_Generation_Mobile_Technologies__An_Update_to_the_5G_Strategy_for_the_UK_Final_Version_with_Citation.pdf ; Deloitte (2018), ‘The Impacts of Mobile Broadband and 5G – A Literature Review for DCMS’ https://assets.publishing.service.gov. uk/government/uploads/system/uploads/attachment_data/file/714112/The_impacts_of_mobile_broadband_and_5G.pdf 19 European Commission (2016), ‘Identification and quantification of key socio-economic data to support strategic planning for the introduction of 5G in Europe’ https://ec.europa.eu/digital-single-market/en/news/5g-deployment-could-bring-millions-jobs- and-billions-euros-benefits-study-finds 20 Digital Catapult (2018), ‘5G Nation: The UK 5G Ecosystem 2018’ https://www.digicatapult.org.uk/news-and-views/publication/5g-nation 21 Deloitte (2018), ‘The impacts of mobile broadband and 5G. A literature review’ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714112/The_impacts_of_ mobile_broadband_and_5G.pdf 22 DCMS (2017), ‘Future Telecoms Infrastructure Review – Call for Evidence’ https://www.gov.uk/government/consultations/future-telecoms-infrastructure-review-call-for-evidence 23 We received a total of 59 responses as part of the Call for Evidence, as well as additional evidence. These are published alongside this Review. 24 We have worked with consultants Frontier Economics to model the underlying market dynamics, and with NERA to develop case studies on international comparisons. All sources are in the supporting annexes to this document. 25 Ofcom (2017), ‘The Communications Market Report’ https://www.ofcom.org.uk/__data/assets/pdf_file/0017/105074/cmr-2017-uk.pdf 26 General network access obligations require BT, amongst other things, to offer network access on reasonable request, not to unduly discriminate, and to provide an Equivalence of Inputs (i.e. BT provides the same services to all telecoms providers including to its own downstream operations). See Ofcom (2018), Wholesale Line Access Market Review: Statement, Volume 1, Table 6.1 and paragraph 6.89. 27 As per Ofcom’s Fixed Access Market Review (2010) 28 See Ofcom’s Wholesale Line Access Statement (2017) 29 Frontier Economics analysis in Annex A. 30 Tactics/Prism (2017), ‘Costs for Digital Communications Infrastructures’ https://www.nic.org.uk/wp-content/uploads/Cost-analysis.pdf 31 Ofcom (2018), ‘Connected Nations Spring Update’ https://www.ofcom.org.uk/__data/assets/pdf_file/0017/113543/Connected-Nations-update-Spring-2018.pdf 32 Our analysis has been informed by studies undertaken by Frontier Economics, NERA and evidence submitted as part of the public Call for Evidence. 33 A copy of the NERA report can be found at Annex B 34 European Commission (2018), ‘Broadband Coverage in Europe 2017’ https://ec.europa.eu/digital-single-market/en/news/study-broadband-coverage-europe-2017 35 VDSL (Very high bitrate DSL): An upgrade to ADSL technology which allows for very fast internet access over copper lines. It is likely to be the technology which will be used in FTTC deployments. 36 Nera Report (Annex B) – P5 37 Ofcom (2017), ‘Wholesale Local Access Market Review’ https://www.ofcom.org.uk/__data/assets/pdf_file/0021/108381/ consultation-wla-competition-superfast-ultrafast-broadband.pdf 38 This is an estimate of total deployment capex (undiscounted) under a competitive model (i.e. with network competition). This excludes connection costs and operating expenses over the lifetime of the network. 39 Transfer of jurisdiction has not yet been completed in Northern Ireland. 40 Research by Think Broadband and Ofcom indicates that only approximately 30% of new developments are built with full fibre connections. Page 214
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Future Telecoms Infrastructure Review 86 41 DCMS (2018), A Framework for Fibre: Street Works’ ‘www.gov.uk/government/publications/framework-for-uk-fibre-delivery-street-works 42 Ofcom (2017), ‘Wholesale Local Access Market Review Consultation’ https://www.ofcom.org.uk/__data/assets/pdf_file/0008/101051/duct-pole-access-remedies-consultation.pdf 43 Ofcom (2017), ‘Opening up BT’s infrastructure for new fibre broadband’ https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2017/duct-pole-access 44 The Ducts and Poles Access remedy, see WLA paragraphs 1.23-1.28, https://www.ofcom.org.uk/__data/assets/pdf_file/0020/112475/wla-statement-vol-1.pdf 45 http://www.legislation.gov.uk/uksi/2016/700/pdfs/uksi_20160700_en.pdf this was transposed through on an EU Directive (on measures to reduce the cost of deploying high-speed electronic communications networks (2014/61/EU)). 46 We note that Openreach is already required to offer dark fibre access in areas of market failure as part of the State aid obligations under its BDUK Superfast Programme Phase 3 contracts. 47 Implementing an EU Directive on measures to reduce the cost of deploying high-speed electronic communications networks (2014/61/EU). 48 Community Broadband Network http://broadband.coop/tlm 49 Under the provisions of the Digital Economy Act, the Secretary of State may designate a Statement of Strategic Priorities that sets out the “strategic priorities of Her Majesty’s Government in the United Kingdom [....] and [The statement may, among other things, set out particular outcomes identified with a view to achieving the strategic priorities.” 50 Ofcom (2018), ‘Wholesale Local Access Market Review’, Volume 1, paragraph 1.49. 51 Until 2016, access obligations in Spain had been limited to services up to 30 Mbps, and in Portugal the regulator decided in 2014 not to impose ex-ante regulation for superfast broadband in areas which had at least two alternative superfast networks and where the incumbent’s market share was less than 50%. 52 Ofcom has recognised that “in time, a greater degree of differentiation in our regulatory approach across the UK is likely to emerge.” 53 Ofcom has actually defined two distinct geographic markets for the WLA product market namely (i) the UK excluding the Hull Area, and (ii) the Hull Area (see recent WLA statement, paragraph 3.3). In the Hull Area the main local access network is operated by KCOM (i.e. not BT). The findings of the WLA apply to all parts of the UK excluding Hull. 54 Ofcom (2017), ‘Delivering a more independent Openreach’ https://www.ofcom.org.uk/__data/assets/pdf_file/0035/98855/Openreach-consultation-2017.pdf 55 Based on cost data from NIC cost analysis, and triangulated through other sources including industry evidence. 56 In France, co-investment was predominantly underpinned by regulation (through symmetric access regulations for certain parts of the network like in-building wiring i.e. access obligations on all operators). 57 Article 74 of the draft EECC 58 Rural England (2018), ‘Unlocking the digital potential of rural areas across the UK’ https://ruralengland.org/unlocking-the-digital-potential-of-rural-areas-research/ 59 DotEcon (2018), ‘Deployment of FTTP in Rural Northern Ireland’ https://www.dotecon.com/publications/deployment-of-fttp-in-rural-northern-ireland/ 60 This should be consistent with the prevailing State Aid framework. 61 Spanish incumbent Telefonica noted that “widespread FTTH deployment, IP migration and legacy switch-off are allowing us to reduce failures and improve quality of service, leading to lower maintenance costs and new revenues” https://www.telefonica.com/documents/162467/138879215/rdos17t3-transcript.pdf/5198fbd8-b800-cc40-2059-54f605d34724 62 CNMC (2014), ‘Economic Report on the Telecommunications and Audiovisual Industry’ https://www.cnmc.es/sites/default/files/1539380_3.pdf 63 In Spain, Telefonica has now begun to switch-off its copper switch-boards, at the rate of around 200 per year, and plan to close 653 by 2020. Telefonica have c.6500 local exchanges, and many will be repurposed. https://www.telefonica.com/en/web/press-office/-/telefonica-will-shut-down-one-copper-switchboard-a-day-until-2020 64 We note that Hyperoptic offer an entry-level product at £18pm and TalkTalk offer a full fibre product for £25pm (in York) both including installation. Page 215
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Future Telecoms Infrastructure Review 87 65 Structural separation would require Openreach to be placed under different ownership to BT Group. This is different to legal separation, whereby Openreach is owned by BT Group, but is a distinct company with its own staff and management, together with its own strategy and a legal purpose to serve all of its customers equally. 66 Ofcom (2018), ‘Progress on delivering a more independent Openreach’ |https://www.ofcom.org.uk/__data/assets/pdf_file/0019/114814/openreach-implementation-report-2018.pdf 67 DCMS (2017), ‘Next Generation Mobile Technologies: A 5G Strategy for the UK’ https://assets.publishing.service.gov.uk/ government/uploads/system/uploads/attachment_data/file/597421/07.03.17_5G_strategy_-_for_publication.pdf; DCMS (2017), ‘Next Generation Mobile Technologies: An update to the 5G strategy for the UK’ https://assets.publishing.service.gov.uk/ government/uploads/system/uploads/attachment_data/file/677598/Next_Generation_Mobile_Technologies__An_Update_to_ the_5G_Strategy_for_the_UK_Final_Version_with_Citation.pdf 68 European Commission (2016), ‘Identification and quantification of key socio-economic data to support strategic planning for the introduction of 5G in Europe’ https://ec.europa.eu/digital-single-market/en/news/5g-deployment-could-bring-millions-jobs- and-billions-euros-benefits-study-finds 69 Ofcom (2016), ‘The Communications Market 2016: 4 – Telecoms and networks’ https://www.ofcom.org.uk/__data/assets/pdf_file/0026/26648/uk_telecoms.pdf 70 Cornerstone Telecommunications Infrastructure Limited (CTIL) is a joint venture between O2 Telefonica and Vodafone. Mobile Broadband Network Limited (MBNL) is a joint venture between Three and BT EE. Wireless infrastructure providers include Arqiva and Wireless Infrastructure Group, amongst others. 71 LS telcom (2016), ‘5G Infrastructure Requirements in the UK’ https://www.lstelcom.com/fileadmin/content/marketing/ brochures/5G_Infrastructure_requirements_for_the_UK_-_LS_Telcom_report_for_the_NIC.pdf 72 Ofcom (2018), ‘Connected Nations Spring Update’ https://www.ofcom.org.uk/__data/assets/pdf_file/0017/113543/Connected-Nations-update-Spring-2018.pdf 73 Williamson, B (2018), ‘Keeping an eye on the prize – investment in mobile networks to deliver coverage, capacity & the 5G strategy: A reappraisal of recurring spectrum fees’ http://static1.1.sqspcdn.com/static/f/1321365/27899690/1525377757620/ Reappraising+recurring+spectrum+fees+May+2018+1.pdf?token=K5Fzz7gxmTAexT0Wp9j3jom%2B0ko%3D 74 Since 2012 prices have declined by 31% whilst data usage has increased sixfold. Ofcom (2017), ‘Pricing trends for communications services in the UK’ https://www.ofcom.org.uk/__data/assets/pdf_file/0028/98605/Pricing-report-2017.pdf 75 Investment varies widely between countries. In 2013, the leading countries in both measures were Japan and the U.S. The UK is ranked 4th and 7th (in terms of capex to revenue ratio and capex per subscriber respectively) among EU countries, but well behind non-EU countries (Figure 11). WIK Consult (2015), ‘Competition & investment: An analysis of the drivers of investment and consumer welfare in mobile telecommunications’ http://www.wik.org/fileadmin/Studien/2015/Competition_and_investment_mobile_telecommunications.pdf 76 Ofcom (2017), ‘The Communications Market Report’, Figure 4.1 https://www.ofcom.org.uk/__data/assets/pdf_file/0017/105074/cmr-2017-uk.pdf 77 Enders Analysis (2018), ‘UK mobile market Q4 2017: Swings, roundabouts, and auctions’ http://www.endersanalysis.com/content/publication/uk-mobile-market-q4-2017-swings-roundabouts-and-auctions 78 This is the compound annual growth rate. Taken from GSMA (2018), ‘The Mobile Economy 2018’ https://www.gsma.com/mobileeconomy/wp-content/uploads/2018/02/The-Mobile-Economy-Global-2018.pdf 79 Ofcom (2018), ‘Results of principal stage of auction for mobile airwaves’ https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2018/results-auction-mobile-airwaves 80 MNO capex figures compiled by Frontier Economics from annual company reports. Note that capital expenditure covers a range of investments including refreshing and replacing existing assets, adding new capacity as well as introducing new capabilities. In addition, the expenditure will cover not just the radio access networks but also the aggregation and core network and a range of non- network systems. 81 Analysis by Ericsson predicts that operators could potentially grow revenues up to 36% by addressing ten key industry sectors. Ericsson (2018), ‘The guide to capturing the 5G industry digitalization business potential’ https://www.ericsson.com/assets/local/narratives/networks/documents/report-bnew-18001324-rev-a-uen.pdf 82 The amount of mobile data we use continues to grow, increasing by 47% last year. Ofcom (2017), ‘Connected Nations Report 2017’ https://www.ofcom.org.uk/__data/assets/pdf_file/0024/108843/summary-report-connected-nations-2017.pdf. 5G is expected to deliver the ability to connect one million devices per square kilometre. Ofcom (2018), ‘Enabling 5G in the UK’ https://www.ofcom.org.uk/__data/assets/pdf_file/0022/111883/enabling-5g-uk.pdf Page 216
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Future Telecoms Infrastructure Review 88 83 Our analysis has been informed by Frontier Economics and evidence submitted as part of our Call for Evidence. We have examined the estimated 5G capital expenditure on radio access network infrastructure, and this does not include spectrum or core networks. 84 This is an estimate based on current costs (and assuming no sharing of active equipment). We recognise that industry will incur opex costs in addition to these capex figures. Our estimates are informed by analysis undertaken by Frontier Economics and information received as part of our public Call for Evidence. 85 Estimate based on cost of one small cell and relates to a single operator, as per analysis undertaken by Frontier Economics. 86 Based on Frontier Economics analysis, and HSBC (2018), ‘5G: What’s the use…??’ http://www.gbm.hsbc.com/insights/technology/does-5g-have-a-use 87 Our analysis has been informed by Frontier Economics, NERA and evidence submitted as part of our Call for Evidence. 88 European Commission (2016), ‘Case M.7612 – Hutchison 3G UK / Telefonica UK’ http://ec.europa.eu/competition/mergers/cases/decisions/m7612_6555_3.pdf 89 A study by Genakos et al. concluded that the average four-to-three merger would be expected to increase investment per operator but that prices would be driven up. Genakos et al. (2015), ‘Evaluating Market Consolidation in Mobile Communications’ http://www.cerre.eu/sites/cerre/files/150915_CERRE_Mobile_Consolidation_Report_Final.pdf 90 Analysis by Frontier Economics found no clear link between investment and competition in three versus four player markets. Frontier Economics (2015), ‘Assessing the case for in-country mobile consolidation’ https://www.gsma.com/publicpolicy/wp-content/ uploads/2015/05/Assessing_the_case_for_in-country_mobile_consolidation.pdf; WIK Consult found no linkage between consolidation or higher concentration in mobile markets and an increase in investment. WIK Consult (2015), ‘Competition & investment: An analysis of the drivers of investment and consumer welfare in mobile telecommunications’ https://www.ofcom.org.uk/__data/assets/pdf_file/0029/78365/competition_and_investment_mobile.pdf 91 As part of the Digital Economy Act (2017). 92 DCMS (2016), ‘ECC impact assessment’ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/ attachment_data/file/524895/ECC_Impact_Assessment.pdf 93 In response to the Call for Evidence, and in a separate letter jointly sent by the four mobile network operators, the MNOs have suggested that improved access to power and transmission is needed. 94 Evidence submitted to this Review suggested that such models could open up a new investment front since they are likely to be attractive to infrastructure funds given their wholesale-only business models. This is typically long-term patient capital enabling a lower cost of capital than traditional operators, which in turn could help unlock more investment projects. 95 The Code regulates access to land (including buildings), but does not regulate access to infrastructure, recognising the need to encourage and protect investment. This means operators cannot employ the Code to secure rights to use or access infrastructure owned by WIPs (or other operators). 96 Ofcom (2018), ‘Enabling 5G in the UK’ https://www.ofcom.org.uk/__data/assets/pdf_file/0022/111883/enabling-5g-uk.pdf 97 National Infrastructure Commission (2016), ‘Connected Future’ https://assets.publishing.service.gov.uk/government/uploads/ system/uploads/attachment_data/file/577906/CONNECTED_FUTURE_ACCESSIBLE.pdf 98 Ofcom (2017), ‘Improving consumer access to mobile services at 3.6 GHz to 3.8 GHz’ https://www.ofcom.org.uk/__data/assets/pdf_file/0019/107371/Consumer-access-3.6-3.8-GHz.pdf 99 For example, in a speech to the Dynamic Spectrum Alliance Global Summit, Lord Willetts estimated that only 2% of the UK’s landmass is covered with 2.6 GHz 4G spectrum five years after the spectrum was auctioned. Rt. Hon. the Lord Willetts (2018), ‘Dynamic Spectrum Access holds the key to turning a growing ‘geographic’ waste of spectrum into a 5G success story’ http://dynamicspectrumalliance.org/wp-content/uploads/2018/05/Day2-2-1_Keynote_LordWilletts.pdf 100 National Infrastructure Commission (2016), ‘Connected Future’ https://www.gov.uk/government/publications/connected-future 101 University of Surrey published by Ofcom (2017), ‘Response to Ofcom’s consultation of 5G’ https://www.ofcom.org.uk/__data/assets/pdf_file/0023/106259/University-of-Surrey-5G-Innovation-Centre.pdf 102 Analysys Mason recommended DCMS and Ofcom should explore flexible licensing approaches for suitable spectrum to support local 5G service deployment. Analysys Mason (2018), ‘Lowering barriers to 5G deployment’ http://www.broadbanduk.org/wp-content/uploads/2018/07/BSG-Report-Lowering-barriers-to-5G-deployment.pdf 103 Written evidence has been provided to DCMS by (inter alia) Wireless Infrastructure Group, Plum Consulting (on behalf of INCA and UK WISPA), King’s College London Department of Informatics, Dense Air, Open Cell and Broadway Partners. 104 This would be subject to the outcome of future auctions. Page 217
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Future Telecoms Infrastructure Review 89 105 BNetzA (2018), ‘President Chamber’s decision of 14 May 2018 on the order for and choice of proceedings for the award of spectrum in the 2 GHz and 3.6 GHz bands for mobile/fixed communication networks (MFCN)’ https://www.bundesnetzagentur. de/SharedDocs/Downloads/EN/Areas/Telecommunications/Companies/TelecomRegulation/FrequencyManagement/ ElectronicCommunicationsServices/FrequencyAward2018/20180613_Decision_I_II.pdf?__blob=publicationFile&v=2 106 Both fixed line networks and mobile networks evolve to comprise a fibre core and transmission element, with wireless connectivity (such as 4G, 5G or Wi-Fi) at the edge to connect to the user. 107 Orange, Free, Altice and Bouygues 108 CNMC (2015), ‘Telecommunications and Audiovisual Sector Economic Report’ https://www.cnmc.es/sites/default/files/1539347_1.pdf 109 Analysys Mason cited a lack of engagement between network providers and local authorities as an issue that will create increasing barriers to 5G as deployment of 5G accelerates. Analysys Mason (2018), ‘Lowering barriers to 5G deployment’ http://www.broadbanduk.org/wp-content/uploads/2018/07/BSG-Report-Lowering-barriers-to-5G-deployment.pdf 110 Ofcom (2017), ‘Wholesale Local Access Market Review: Statement -Volume 3’ https://www.ofcom.org.uk/__data/assets/pdf_file/0023/112469/wla-statement-vol-3.pdf 111 NERA (2018), ‘Telecoms Infrastructure International Comparison: A Report for the Department of Digital, Culture, Media and Sport’. This Report can be found at Annex B. 112 Ofcom (2018), ‘Wholesale local access market review’ https://www.ofcom.org.uk/consultations-and-statements/category-1/wholesale-local-access-market-review 113 In its decision, published earlier this year, Ofcom made some changes to the PIA remedy, with the aim of improving take-up of PIA. The remedy now permits ‘mixed usage’, enabling access seekers to offer both broadband and non-broadband-based (e.g. business) services using PIA, provided the primary purpose of the network deployment remains the delivery of broadband services. Page 218
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Page 1 Harlequin Group Planning Team June 2013 HEALTH AND SAFETY STATEMENT As you are aware, technical information relating to health and safety issues arising from the proposed installation at the application site has already been provided in the Supplementary Information Template which is enclosed with this application. Planning guidance related to telecommunications is contained in the National Planning Policy Framework, Section 10, which states that it is not for the local planning authority to seek to replicate through the planning system controls under the health and safety regime. Enforcement of this legislation is a matter for the Health and Safety Executive. Further, it is clear that the responsibility to decide what measures are necessary to protect public health remains with central Government. However, EE Ltd recognise the concerns of some members of the public over perceived health effects and considers that some further supplementary information on a small number of issues would be beneficial for all parties concerned. Health and Mobile Telephony-Overview Mobile phones are part of our way of life. There are now over 81.6 million mobile subscriptions in the UK compared to 9 million in 1997/8. However, this rapid growth has been accompanied by a perception that exposures to radio waves - from mobile phones and base stations - may pose a health risk. The balance of evidence from research to date suggests this is not the case. However, gaps in scientific knowledge have prompted calls for further study to be conducted. This is happening in the UK and around the world. Government Policy on Public perception of concern about harm to health The Government’s position relating to health and safety is reasonably clear and set out in paragraphs 29 – 31 of National Planning Policy Framework. ‘Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval.1 It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case.’ (Para 29 of Appendix) ‘However, it is the Government’s firm view that the planning system is not the place for determining what measures are necessary to protect public health. In the Governments view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for the local planning authority to consider further the health effects and concerns about them.’ (Para 30 of Note) Furthermore, in the Supporting Guidance, it states that ‘It is not for the local planning authority to seek to replicate through the planning system controls under the health and safety regime. Enforcement of health and safety legislation is a matter for the Health and Safety Executive and not the local planning authority.’ (Para 94) This policy has been tested in numerous appeals (many at public inquiry) and in the Courts. To date no appeals by telecommunications operators have been dismissed where perceived health effects was the main issue. Although the application of this policy has been subject to challenge in the Courts, no decision granting planning permission for a mast has been quashed by the High Court where this policy has been applied. 1 Newport B.C. v S.S. for Wales and Browning Ferris Environmental Services Ltd (1998) Page 219
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Page 2 Harlequin Group Planning Team June 2013 The leading legal authority on this point is now provided by the Court of Appeal in T Mobile – v- First Secretary of State and Harrogate BC [2004] EWCA Civ 1763. The Court concluded that, in circumstances where there was ample compliance with the requirements set out in ICNIRP (and an appropriate certificate having been given by the operator, to that effect), it would not be consistent with Government policy to reject a telecommunications proposal on the basis that there was insufficient reassurance upon health. Indeed such a conclusion would represent a departure from policy. Such a decision by a decision taker would be a wholly exceptional and would have to be clearly justified. In the T Mobile case the Court found that that there were no circumstances that could properly be characterised as “exceptional” including whether the beam of greatest intensity was directed to two schools in the locality of the mast. As Laws LJ observed “The planning policy indicated in paragraph 98 must, in my judgment, be ample to cover such a case” Since August 2001 there have been a number of public inquiries where health and safety was considered a main issue. In all cases the Inspector allowed the appeal. On a number of occasions, costs were awarded against the Council. Details of some of these decisions can be found on the Mobile Operator’s Association (MOA) web site; http://www.mobilemastinfo.com/planning/policy/intro.htm Precautionary Approach Some degree of emphasis has been placed by some members of the public upon the term ‘the Precautionary Approach’. Government has given guidance on what this constitutes. ‘The Government’s acceptance of the precautionary approach recommended by the Stewart Group’s report “mobile phones and health” is limited to the specific recommendations in the Group’s report and the Government’s response to them. The report does not provide any basis for precautionary actions beyond those already proposed. In the Governments view, local planning authorities should not implement their own precautionary policies e.g. by way of imposing a ban or moratorium on new telecommunications development or insisting on minimum distances between new telecommunications development and existing development.’ As a precautionary approach the Government has adopted the ICNIRP general public guidelines in preference to the previously used NRPB guidelines. The ICNIRP standards are founded on the same scientific basis as NRPB but have, by including the precautionary approach, increased the safety standards by five times. Independent Expert Group on Mobile Phones – 2000 (“the Stewart Report”) Prior to issuing the latest National Planning Policy in its current form, and in response to concern over mobile phones and base stations the Government, through the Minister for Public Health, set up the Independent Group on Mobile Phones in the UK in 1999, under the chairmanship of Professor Sir William Stewart. Its report (The Stewart Report) was published in May 2000 and is the first genuinely independent and comprehensive review of mobile communications technology in the UK. A copy of the report can be found at www.iegmp.org.uk It concluded that: • “the balance of evidence indicates that there is no general risk to the health of people living near base stations on the basis that exposures are expected to be small fractions of the guidelines; • However there can be indirect adverse effects on their well being in some cases; • There is now scientific evidence, however, which suggests that there may be biological effects occurring at exposures below these guidelines; • We recommend that a precautionary approach of the use of mobile phone technology be adopted until much more detailed and scientifically robust information on any health effects becomes available”. Page 220
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Page 3 Harlequin Group Planning Team June 2013 Developments Post Stewart Advisory Group on Non-ionising Radiation (AGNIR) - 2004 Following one of the recommendations made in the Stewart Report to review the possible health effects from mobile phone technology in three years time (paragraph 1.60) AGNIR was reconstituted in 1999 as an independent body that now reports directly to the Board of NRPB. Their report issued ‘Health Effects from Radiofrequency Electromagnetic Fields’ was issued on 14th January 2004 and looked at the studies conducted since the review by the Independent Expert Group in 2000. Their conclusion is as follows: “In aggregate the research published since the IEGMP report does not give cause for concern. The weight of evidence now available does not suggest that there are adverse health effects to RF fields below guideline levels, but the published research on RF exposures and health has limitations, and mobile phones have only been in widespread use for a relatively short time. The possibility therefore remains open that there could be health effects from exposure to RF fields below guideline levels; hence continued research is required.” (Paragraph 21, Chapter 8) “Exposure levels from living near to mobile phone base stations are extremely low, and the overall evidence indicates that they are unlikely to pose a risk to health”. (Paragraph 20, Chapter 8). A copy of the report can be found on the HPA web site: http://www.hpa.org.uk/webc/HPAwebFile/HPAweb_C/1317133827077 Mobile Phones and Health 2004: Report by the Board of NRPB This report follows the Stewart Report published in 2000. This report specifically revisits (and reiterates) many of the recommendations made in the original Stewart Report. Paragraph 9 of the Summary states “Since then, the widespread development in the use of mobile phones world-wide has not been accompanied by associated, clearly established increases in adverse health effects. Within the UK, there is a lack of hard information showing that mobile phone systems in use are damaging to health. It is important to emphasise this important point. The report can be viewed on the HPA’s web site: http://www.hpa.org.uk/Topics/Radiation/UnderstandingRadiation/UnderstandingRadiationTopi cs/ElectromagneticFields/RadioWaves/MobilePhones/info_HealthAdvice/ Further Research Having considered research issues, AGNIR also made a number of specific recommendations that aim to improve the quality and interpretability of future health-related research and current health research programmes. These should be seen in context of the substantial programme of ongoing research in the UK funded jointly by the government and industry. The research is being carried out under the management of an independent Programme Management Committee. Full details can be found on www.mthr.org.uk. Page 221
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Page 4 Harlequin Group Planning Team June 2013 World Health Organisation The World Health Organisation2 updated its Fact Sheet No 193, Electromagnetic Fields and Public Health. It urges regulatory authorities not to undermine the science base of (health based) guidelines by incorporating arbitrary additional safety factors. The fact sheet also states that the ICNIRP guidelines offer protection against all identified hazards of RF energy with large safety margins. The fact sheet concludes ‘RF fields around base stations are not considered a health risk’. In May 2006 WHO published a Fact Sheet (No 304) relating to Base Stations and other wireless technologies. The conclusion is similar to the previous one: ‘Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects’. The full report can be found at: http://www.mthr.org.uk/documents/MTHR_report_2007.pdf No Established Adverse Health Effects Mobile phones operate by using radio waves, a form of non-ionising radiation. There is a large body of scientific evidence on the effects of exposure to radio waves because they have been widely used for decades: for example, radio, TV and radar signals are radio waves. The scientific consensus is that, apart from the increased risk of a road accident due to mobile phone use when driving, there is no clear evidence of adverse health effects from the use of mobile phones or from phone masts. (Source: Health Protection Agency, Health Advice on Mobile Phones, May 2010). ICNIRP Compliance One of the recommendations of the Stewart Report was to adopt ICNIRP (International Commission on Non-Ionising Radiation Protection) guidelines to limit public exposure from transmitter sites. The Government has adopted this recommendation. Before going into further detail, we would like to confirm that the proposed installation, as detailed in the enclosed material, is designed to be in full compliance with the requirements of the radio frequency (RF) public exposure guidelines of the International Commission on Non- Ionising Radiation Protection (ICNIRP), as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz). A Certificate is enclosed to this effect. The site has been designed so that no member of the public can be expected to be exposed to electromagnetic fields in excess of ICNIRP general public guidelines. Beam of Greatest Intensity The Stewart Report referred to a ‘Beam of Greatest Intensity’ and this has been picked up on by certain local planning authorities and some members of the public. Although the Stewart Report defines this beam it is our feeling that the purpose of this calculation has been misunderstood and, in consequence, in some circumstances it has been misused. The Stewart Report defines the Beam of Greatest Intensity3 as the area that lies between two points: (1) the point where the centre of the main beam hits the ground and (2) the point where 2 See its report dated July 2000 3 See Stewart Report paragraph 4.32 Page 222
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Page 5 Harlequin Group Planning Team June 2013 the nearest edge of the beam hits the ground4. So the region of greatest intensity lies between the points where the centre of the main beam hits the ground and where the nearest edge of the beam hits the ground. The Stewart report points out that whether the radio signal from a given site falls on a particular location is dependent on the height of antennas and their direction and tilt. Based on typical down-tilt for antennas on, say, a 15m mast the beam would fall on a relatively large area typically 180m to 400m for a macro cell. In our opinion, the reference to the beam has caused undue concern to residents and schools located near to a proposed telecommunications installation. The concept of anyone living in a beam is obviously likely to cause alarm particularly if they do not understand the technology and safety guidelines introduced by the Government. In reality, however as you will see from the diagrams below the theoretical maximum power levels are significantly below ICNIRP guidelines. Due to the complexity of calculating where the Beam falls, and possible concerns that could be raised by residents or schools located within it, the Government has distanced itself from the Beam of Greatest Intensity. Further, as noted above, the Government’s policy approach is considered ample to cover all RF emissions, including the beam5. We would, therefore, in light of the above suggest a more pragmatic approach to such desktop calculations based on the theoretical power levels at various distances from the mast. We have also shown the point at which the highest power level falls. These are also shown in terms of percentage of ICNIRP guidelines. Power Levels The mobile operators have developed a desk top calculator that provides theoretical power level on a site specific basis expressed in terms of ICNIRP general public guidelines which for EE is 9 W/m2 (Watts per metres square) for GSM and 10 W/m2 for UMTS. Diagram 1 (overleaf) shows the theoretical maximum readings from the antenna of a typical macrocell type installation6. The calculations are based on a 15m tower and readings are given at set distances of 50, 100, 200, 300, 400 and 500 metres. The diagram also shows the distance at which the power level is highest. The signal levels are given in power flux density7 and expressed in terms of factors and percentages of ICNIRP public guidelines. The theoretical model is based on optimum propagation and, therefore, cannot take account of normal terrain features such as trees and buildings that would degrade the received signal. It also does not allow for building penetration losses. Based on a theoretical model the greatest power level would fall at a distance of 127m. At this point, however, it would only be 0.0725 W/m2 and only 0.79 per cent of ICNIRP public guidelines. The diagram also shows how the power level rapidly decreases with distance. 4 For this purpose, the edge is defined as occurring at the angle at which the intensity falls by half 5 See comments of Laws LJ in T Mobile –v- First Secretary of State and Harrogate BC [2004] EWCA Civ 1763. 6 The definition of Macrocells as given in PPG8 is they provide the main structure for the base station network. The base stations for macrocells have power outputs of tens of watts and communicate with phones up to about 35 kilometres (22 miles distant). 7 This is an industry standard way of expressing the strength of a radio signal relative to a surface area. For example, a power flux density of 1 W/m2 represents 1 watt of RF power spread evenly over 1m2. Ofcom uses this method of measurement in their schools audit (see below). Page 223
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Page 6 Harlequin Group Planning Team June 2013 ICNIRP Public exposure guideline: GSM - 9 W/m2 UMTS – 10 W/m2 100m 15 metres <0.003 W/m2 200m 50m <0.054 W/m2 <0.031 W/m2 <0.002 W/m2 Power levels from typical macrocell (absolute worst case values) 300m 500m <0.009 W/m2 0.028% of ICNIRP 0.594% of ICNIRP 0.336% of ICNIRP 0.098% of ICNIRP 0.020% of ICNIRP Highest level at 127m (0.0725 W/m2 - 0.79% of ICNIRP) Diagram 1 Diagram 2 shows the power levels in graph form (i.e. the signal along the ground). Note the point at which the level is highest and how rapidly this decreases with distance from the base station. Diagram 2 The table below shows the figures for the theoretical model above. Distance Power Flux Density W/m2 Electric field strength V/m Percentage of ICNIRP (Power levels) Factor Less than ICNIRP (Power levels) 50m 0.00261 0.9914 0.0280 3571 100m 0.05448 4.5321 0.5941 168 127m 0.07253 5.2291 0.7902 127 200m 0.03082 3.4088 0.3365 297 300m 0.00892 1.8333 0.0976 1025 400m 0.00367 1.1766 0.0403 2481 500m 0.00186 0.8378 0.0204 4902 1000m 0.00026 0.3121 0.0028 35714 Power Flux Density Around Typical Macrocell 0 0.01 0.02 0.03 0.04 0.05 0.06 0.07 0.08 0 50 100 150 200 250 300 350 400 450 500 Distance (m) Power Flux Density (W /m2) Page 224
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Page 7 Harlequin Group Planning Team June 2013 Independent RF Surveys These theoretical calculations anticipate the theoretical maximum readings and hence represent a “worst case” assessment. In reality, numerous independent surveys, at a range of sites, have confirmed that the actual emissions are well below the theoretical levels outlined above. As a result of one of the recommendations of the Stewart Report, the Government commissioned the Radiocommunications Agency (now Ofcom) to implement a programme of surveys to ensure that emissions from base stations do not exceed guidelines. Reflecting public concern, the initial focus of the audit was directed towards schools with base stations on or close to their premises. In the last couple of years the remit has widened to include other sensitive sites such as hospitals, residential areas and places of work. The audit results indicated in every case, levels of radiation far below those specified in the guidelines of the ICNIRP. In fact since 2001, 462 surveys have been undertaken and the highest level was recorded in 2001 as 1/279th (0.358%) of the ICNIRP maximum guideline reference level for public exposure. An Information Sheet can be found on Ofcom’s web site – http://www.ofcom.org.uk/sitefinder/audit_info Summary We hope that this brief statement is of assistance to local planning authorities in considering telecommunications proposals and provides a helpful guide to a number of frequently raised points. As set out above, we confirm that the proposed installation, as detailed in the enclosed material, is designed to be in full compliance with the requirements of the radio frequency (RF) public exposure guidelines of ICNIRP. A Certificate to this effect has been enclosed. As so designed, no member of the public is expected to be exposed to electromagnetic fields in excess of ICNIRP general public guidelines. Page 225
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Health and Safety considerations for 5G Mobile phones are now ubiquitous throughout our society and many companies, industries, organisations and individuals rely upon this improved connectivity. Since the advent of mobile telephony, the industry has worked to provide a more reliable, more efficient and more available service. A series of revisions and developments has occurred whereby mobile telephony is now on a par with the download speeds offered by fixed line broadband services and with the advent of 5G the capabilities of mobile telephony will expand even further. In order to provide a wider reaching service with greater abilities generations of mobile telephony have concentrated upon improvements to manage capacity, broadcast range and data use. 5G presents a huge opportunity to expand connectivity for the individual users but also to expand into the Internet of Things (IOT). In essence IOT will allow the connectivity of machines and users to navigate and operate in a more efficient way. This may be something as simple as controlling your heating system remotely to autonomous vehicles, interconnected industrial machinery and robotics used in logistics, medicine, manufacturing, agriculture, health care services, the list is ever expanding. In order to prepare the UK for this connectivity revolution 5G is being deployed throughout the country. Initially the deployment will be in cities and towns and along major transport routes but eventually 5G will be deployed to the whole of the UK. Throughout the history of mobile telephony there have been concerns raised with regards to the Health and Safety of the systems. A great deal of research has been undertaken throughout the world into the effects of electromagnetic radiation and radio signals and to date there has been no evidence to indicate that the systems so far operated and those intended to be operated have caused any manifest adverse health effects. Recently Public Health England (www.gov.uk) has provided guidance on this matter (5G technologies: radio waves and health) and the overall summary is that 5G does not represent an increase in any risk: “…the overall exposure is expected to remain low relative to guidelines and, as such, there should be no consequences for public health”. 5G technologies: radio waves and health PHE 3rd October 2019 Page 227
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MBNL 5G Health and Safety 05.08.19 The World Health Organisation (WHO) undertakes a constant analysis of scientific papers and reviews into the use and operation of mobile phone transmissions. Throughout their analysis and studies WHO have made several conclusion and statements: Radio In relation to radio frequency exposures and wireless technology and health, the general conclusion from the World Health Organization (WHO) is; “Despite extensive research, to date there is no evidence to conclude that exposure to low level electromagnetic fields is harmful to human health” WHO - About Electromagnetic Fields – Summary of Health Effects Key Point 6 In relation to wireless networks and health, the conclusion from the WHO is; “Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects.” Source WHO Backgrounder on base stations and wireless technologies On mobile phone safety the World Health Organization advises, "A large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health risk. To date, no adverse health effects have been established as being caused by mobile phone use." “While an increased risk of brain tumors is not established, the increasing use of mobile phones and the lack of data for mobile phone use over time periods longer than 15 years warrant further research of mobile phone use and brain cancer risk. In particular, with the recent popularity of mobile phone use among younger people, and therefore a potentially longer lifetime of exposure, WHO has promoted further research on this group. Several studies investigating potential health effects in children and adolescents are underway” WHO Fact Sheet 193 June 2014 - Electromagnetic fields and public health: mobile phones RESEARCH INTO 5G AND HEALTH All mobile telephony uses parts of the electromagnetic frequencies, in particular 5G uses part of the radio frequency spectrum which has been extensively researched in terms of health impacts for decades. Details below have been taken from various references including from the University of Aachen’s EMF-Portal. Over 50 years of scientific research has already been conducted into the possible health effects of the radio signals used for mobile phones, base stations and other wireless services including frequencies planned for 5G and mmWave exposures. The data from this research has been analysed by many expert review groups. When considering the whole body of science, there is no evidence to convince experts that exposure below the guidelines set by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) carries any known health risks, for adults or children. All mobile base stations operated by EE and Three are certified to be within the limits set by ICNIRP. Page 228
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MBNL 5G Health and Safety 05.08.19 The EMF-Portal (https://www.emf-portal.org/en) is an open-access extensive database of scientific research into the effects of EMF, including studies on the effects of RF on health. It is managed by the RWTH Aachen University, Germany and linked from the WHO website. EMF-Portal contains more than 25,000 published scientific articles on the biological and health effects of EMF and 2,500 studies on mobile communications. In terms of research specifically on 5G frequencies, the database lists approximately 350 studies on mmWave EMF health related research. Extensive research on mmWave and health has been conducted on radar, microwave and military applications. The current research on mmWave frequencies is focused on the alignment of the human exposure guidelines at frequencies below and above 6 GHz where the measurement parameter changes from Specific Absorption Rate (SAR) below 6 GHz to Power Density above 6 GHz. For more on SAR see http://www.sartick.com/. The research is also focused on the dielectric properties of human skin to ensure that the power density levels and averaging area across the skin align with the temperature values that are the basis of the human exposure guidelines. This is in reference to the use of the mobile device directly rather than the broadcast from the antennas. ICNIRP governs the levels of transmissions and all sites operated in the UK manage their transmissions well within the specific ICNIRP guidelines. 5G DEVICES AND TRANSMITTER POWER All 5G devices will automatically minimise the transmission power to the lowest level in order to complete a satisfactory communication with the network. Such automatic power control has existed in previous generations of mobile technologies (2G, 3G and 4G) and helps to minimize interference, prolong battery life and also has the effect of limiting the EMF exposure of the user. The transmit power of the device is controlled by the network. As such the base station antennas will effectively manage their power emissions in line with the demand placed upon the base station. With less users the base station will broadcast at a lower power level. When demand increases the base station manipulates its power control to manage the demand. Consequently, the broadcasts power rates of a base station fluctuate to ensure that only the most effective and appropriate level of power is used. 5G networks are designed to be more efficient and will use less power than current networks for similar services. With the introduction of new technologies, there may be a small increase in the overall level of radio signals due to the fact that new transmitters are active. Based on the transition from previous wireless technologies we can expect that the overall exposure levels will remain relatively constant and a small fraction of the international exposure guidelines. Page 229
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MBNL 5G Health and Safety 05.08.19 WHAT TYPES OF BASE STATIONS ARE USED FOR 5G? Base stations used for 5G will consist of various types of facilities including small cells, towers, masts and dedicated in-building and home systems. Small cells will be a major feature of 5G networks particularly at the new mmWave frequencies where the connection range is very short. To provide a continuous connection, small cells will be distributed in clusters depending on where users require connection, and this will complement the macro network 5G base stations. The initial rollout of 5G involves upgrading and installing new equipment on the macro base stations. Small Cells will form part of the wider network but will only be used once 5G proves that it is commercially viable and where demand requires or not-spots and partial not- spots have been identified. 5G networks will work in conjunction with 4G networks. In many cases, existing 4G base stations will be used for additional 5G equipment. DO 5G BASE STATIONS AUTOMATICALLY MINIMISE TRANSMITTER POWER? Yes. 5G networks are specifically designed to minimise transmitter power, even more so than existing 4G networks. 5G networks use a new advanced radio and core architecture which is very efficient and minimises transmissions consistent with service requirements which results in optimised EMF levels. The network also controls the power level of the device to the lowest level in order to complete a satisfactory communication with the network. WHAT WILL BE THE SIZE OF COMPLIANCE ZONES AROUND 5G NETWORK ANTENNA SITES? The technical standards for the 5G networks and devices are continuing to be under development, however, it is expected that the size of the compliance zone for 5G antennas will be similar to that of other mobile technologies using similar transmitter powers. Mobile network antennas are typically directional. Compliance zones extend in front of the antenna and a small distance above, below and to a lesser degree behind. Mobile networks are designed to use only the power needed to provide quality services. Too much power would cause interference and affect all users. One of the goals of 5G is a substantial increase in network energy efficiency. Page 230
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MBNL 5G Health and Safety 05.08.19 Where 5G is added to an existing site with other mobile technologies, the existing compliance zone may increase due to the addition of the 5G technology, however, this will depend on the site design and network configuration. IS 5G SIMILAR TO THE ACTIVE DENIAL SYSTEM USED BY THE MILITARY? No. Active Denial Systems developed by the military use very high powered mmWave directional signal, sometimes called a ‘heat ray’ in the 90 GHz band designed to heat the surface of targets such as the skin of a human, and through the heat, control or restrict access. 5G and other mmWave radio communications use different frequencies and a fraction of the power. The human exposure limits for mobile communications technology prevent heating occurring. Additional information on ADS systems is available here: (http://jnlwp.defense.gov/About/Frequently-Asked-Questions/Active-Denial-System-FAQs/) Mobile or cellular phones are now an integral part of modern telecommunications. In many countries, over half the population use mobile phones and the market is growing rapidly. In 2014, there is an estimated 6.9 billion subscriptions globally. In some parts of the world, mobile phones are the most reliable or the only phones available. Given the large number of mobile phone users, it is important to investigate, understand and monitor any potential public health impact. Mobile phones communicate by transmitting radio waves through a network of fixed antennas called base stations. Radiofrequency waves are electromagnetic fields, and unlike ionizing radiation such as X-rays or gamma rays, these radio waves can neither break chemical bonds nor cause ionization in the human body. Exposure levels Mobile phones are low-powered radiofrequency transmitters, operating at frequencies between 450 and 2700 MHz with peak powers in the range of 0.1 to 2 watts. The handset only transmits power when it is turned on. The power (and hence the radiofrequency exposure to a user) falls off rapidly with increasing distance from the handset. A person using a mobile phone 30–40 cm away from their body – for example when text messaging, accessing the Internet, or using a “hands free” device – will therefore have a much lower exposure to radiofrequency fields than someone holding the handset against their head. In addition to using "hands-free" devices, which keep mobile phones away from the head and body during phone calls, exposure is also reduced by limiting the number and length of calls. Using the phone in areas of good reception also decreases exposure as it allows the phone to transmit at reduced power. The use of commercial devices for reducing radiofrequency field exposure has not been shown to be effective. Page 231
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MBNL 5G Health and Safety 05.08.19 Are there any health effects? A large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health risk. To date, no adverse health effects have been established as being caused by mobile phone use. Short-term effects Tissue heating is the principal mechanism of interaction between radiofrequency energy and the human body. At the frequencies used by mobile phones, most of the energy is absorbed by the skin and other superficial tissues, resulting in negligible temperature rise in the brain or any other organs of the body. A number of studies have investigated the effects of radiofrequency fields on brain electrical activity, cognitive function, sleep, heart rate and blood pressure in volunteers. To date, research does not suggest any consistent evidence of adverse health effects from exposure to radiofrequency fields at levels below those that cause tissue heating. Further, research has not been able to provide support for a causal relationship between exposure to electromagnetic fields and self-reported symptoms, or “electromagnetic hypersensitivity”. Long-term effects Epidemiological research examining potential long-term risks from radiofrequency exposure has mostly looked for an association between brain tumours and mobile phone use. However, because many cancers are not detectable until many years after the interactions that led to the tumour, and since mobile phones were not widely used until the early 1990s, epidemiological studies at present can only assess those cancers that become evident within shorter time periods. However, results of animal studies consistently show no increased cancer risk for long-term exposure to radiofrequency fields. Several large multinational epidemiological studies have been completed or are ongoing, including case-control studies and prospective cohort studies examining a number of health endpoints in adults. The largest retrospective case-control study to date on adults, Interphone, coordinated by the International Agency for Research on Cancer (IARC), was designed to determine whether there are links between use of mobile phones and head and neck cancers in adults. The international pooled analysis of data gathered from 13 participating countries found no increased risk of glioma or meningioma with mobile phone use of more than 10 years. There are some indications of an increased risk of glioma for those who reported the highest 10% of cumulative hours of cell phone use, although there was no consistent trend of increasing risk with greater duration of use. The researchers concluded that biases and errors limit the strength of these conclusions and prevent a causal interpretation. Based largely on these data, IARC has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), a category used when a causal association is Page 232
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MBNL 5G Health and Safety 05.08.19 considered credible, but when chance, bias or confounding cannot be ruled out with reasonable confidence. Other substances within this category can be seen to be products such as; diesel, gasoline, bitumen, dry cleaning products, coconut oil, melamine and other carpentry products, metals such as nickel and lead, pickled vegetables, salted fish and talcum powder. The causal links have not been proven for radiofrequency electromagnetic fields to cancers and as the list above indicates RF transmissions at the levels used by the mobile industry provide a similar precautionary approach as to a large number of common household products and processes. Exposure limit guidelines Radiofrequency exposure limits for mobile phone users are given in terms of Specific Absorption Rate (SAR) – the rate of radiofrequency energy absorption per unit mass of the body. Currently, two international bodies (1, 2) have developed exposure guidelines for workers and for the general public, except patients undergoing medical diagnosis or treatment. These guidelines are based on a detailed assessment of the available scientific evidence. WHO response In response to public and governmental concern, WHO established the International Electromagnetic Fields (EMF) Project in 1996 to assess the scientific evidence of possible adverse health effects from electromagnetic fields. WHO will conduct a formal risk assessment of all studied health outcomes from radiofrequency fields exposure by 2016. In addition, and as noted above, the International Agency for Research on Cancer (IARC), a WHO specialized agency, has reviewed the carcinogenic potential of radiofrequency fields, as from mobile phones in May 2011. WHO also identifies and promotes research priorities for radiofrequency fields and health to fill gaps in knowledge through its research agendas. WHO develops public information materials and promotes dialogue among scientists, governments, industry and the public to raise the level of understanding about potential adverse health risks of mobile phones. (1) International Commission on Non-Ionizing Radiation Protection (ICNIRP). Statement on the "Guidelines for limiting exposure to time-varying electric, magnetic and electromagnetic fields (up to 300 GHz)", 2009. (2) Institute of Electrical and Electronics Engineers (IEEE). IEEE standard for safety levels with respect to human exposure to radio frequency electromagnetic fields, 3 kHz to 300 GHz, IEEE Std C95.1, 2005. Page 233
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Telent Technology Services Limited. Registered in England. No. 703317. Registered Office: Point 3, Haywood Road, Warwick, CV34 5AH, England Telent Technology Services Ltd Rutland House 5 Allen Road Livingston West Lothian United Kingdom Telephone: www.telent.com Our reference: 93845/FP/KP Planning Department Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD Submitted via Planning Portal 17th September 2025 Submission of Application for Full Planning INSTALLATION OF A RADIO BASE STATION AT PROPOSED EE 25M COLUMN AND ASSOCIATED SUPPORTING APPARATUS AT LAND AT INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD (NGR E: 209343 N: 708563) Dear Sirs, Please find enclosed a covering letter informing you that Telent Technology Services Limited, on behalf of EE Limited, has submitted an application for full planning permission for the installation of electronic communications apparatus as detailed above. network This proposal will include the provision for the Emergency Services and fifth generation or 5G services to the area. The following information is enclosed: i. The completed planning application. ii. An O.S. Site Location scale 1:1250 - drawing reference: Proposed Site Location Plan Rev A showing the red line area. iii. Drawing nos. Existing Site Layout Plan Rev A 1:250 Proposed Site Layout Plan Rev A 1:200 Existing Site Elevation Plan Rev A 1:200 Proposed Site Elevation Plan Rev A 1:200 iv. The relevant Development Notice certificate v. ICNIRP Compliance Certificate Page 235
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Telent Technology Services Limited. Registered in England. No. 703317. Registered Office: Point 3, Haywood Road, Warwick, CV34 5AH, England vi. Design, Access and Supporting Statement vii. Site Specific Supplementary Information viii. DCMS MHCLG Collaborating for Digital Connectivity Letter ix. Future_Telecoms_Infrastructure_Review x. EE Health and Safety Statement - Mobile Communications xi. 5G and Future Technology xii. 5G Technical Support xiii. Health and Safety considerations for 5G Please also take this application and the details contained within it as due notification under the relevant condition of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003. In particular, you are given notice of the intention to install the electronic communications apparatus that is described in more detail in the application documentation (including the scale drawings) and to be located as shown on the application plans. We would be willing to meet to discuss the merits of the application, or to assist with any visits of the site and surrounding area, if this is beneficial to the determination of the application. We trust everything is in order, but please contact me if you require any additional information or clarification in relation to the proposed development. Yours faithfully, Jamaal Hafiz MTCP MRTPI Town Planner Telent Technology Services Ltd Working for and on behalf of EE E-mail: Page 236
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Reproduced by permission of Ordnance Survey on behalf of the Controller of His Majesty's Stationery Office All rights reserved. © Crown Copyright licence no. AC0000813445 NGR E: 209343 N: 708563 W3W: loss.oven.purse Reproduced by permission of Ordnance Survey on behalf of the Controller of His Majesty's Stationery Office All rights reserved. © Crown Copyright licence no. AC0000813445 Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B 10mm 50mm 100mm V 2.0 SITE LOCATION NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. SITE AREA PLAN SITE LOCATION PLAN Access Route: Access Route To Site: > > > Demise: 0 1km 21:50,000 00 2093 SITE PHOTOGRAPH 002 SITE LOCATION PLAN 0 25m 501:1250 00 2094 007 086 > > > > > > > >> > > > > > > > > > > A819 Page 237
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Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B 10mm 50mm 100mm V 2.0 100 EXISTING SITE PLAN EXISTING SITE PLAN 0 81:200 5m NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. ELEVATION A Ground Level +0.0m AGL Arable Land GrassVerge Residential Garden Top of Trees +19.0m AGL Top of Trees +8-16m AGL Garage+3.0m AGL Store +5.0m AGL Barn +8.0m AGL Existing 10.0m high BT microwave pole Highways Department Yard Inveraray Shinty Club Car Park Gravel accesstrack Container 2.8m high Portacabin Container 2.8m high Portacabin Portacabin 1.2m high post and wire fence 1.8m high steel mesh fence c/w barbed wire on top 1.2m high post and wire fence Existing access gate between Inveraray Shinty Club car park and highways depot Page 238
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Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added 10mm 50mm 100mm V 2.0 PROPOSED SITE PLAN 150 PROPOSED SITE PLAN 0 81:200 5m NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. ELEVATION A Ground Level +0.0m AGL Arable Land GrassVerge Residential Garden Top of Trees +19.0m AGL Top of Trees +8-16m AGL Garage+3.0m AGL Store +5.0m AGL Barn +8.0m AGL Proposed 25.0m high Swann Type A Column fixed to proposed 4.3x4.3x1.0m deep concrete foundation Proposed Commscope ORC cabinet containing BBUs fixed to proposed tower foundation (Colour: Light Grey RAL7035) Proposed Link A/C MK5B cabinet c/w step up plinth fixed to proposed tower foundation (Colour: Light Grey RAL7035) Proposed 2No. 100mm wide surface mounted galvanised cable trays for sub main and Tx cables fixed to proposed tower foundation Proposed incoming DNO supply within 100mm UPVC duct - TBC by DNO Proposed incoming BT line within 75mm grey UPVC duct - TBC by BT Proposed 300mm wide over head cable ladder mounted on 2No. cable management support pole Proposed 3No. MK2 BOBs mounted on vertical cable ladder on proposed gantry support pole fixed to proposed tower foundation Existing 10.0m high BT microwave pole Highways Department Yard Inveraray Shinty Club Car Park Gravel accesstrack Container 2.8m high Portacabin Container 2.8m high Portacabin Portacabin 1.2m high post and wire fence 1.2m high post and wire fence Proposed 6.0m x 5.5m compound formed from 1.8m high galvanised steel palisade fence c/w 3.0m wide double access gate Existing site provider container to be relocated into corner of the car park to allow access to compound and container Existing access gate between Inveraray Shinty Club car park and highways depot to be permanently closed 1.8m high steel mesh fence c/w barbed wire on top ELEVATION B Proposed area of application shown red Page 239
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Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B 10mm 50mm 100mm V 2.0 200 EXISTING SITE ELEVATION EXISTING SITE ELEVATION A 0 81:200 5m NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. Ground level +0.0m Top of Trees +16.0m AGL Top of Barn +8.0m AGLTop of Trees +8.0m AGL Container +2.8mContainer +2.8m Shinty Clubhouse +5.0m AGL Existing 10.0m high BT microwave pole Page 240
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Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added 10mm 50mm 100mm V 2.0 250 PROPOSED SITE ELEVATION A PROPOSED SITE ELEVATION A NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. 0 81:200 5m Ground level +0.0m Top of proposed tower +25.0m AGL C/L of proposed RRZZVV-65B- R6N43 antenna +23.95m AGL Proposed 3No. Commscope RRZZVV-65B-R6N43 antennas fixed to proposed crowsnest headframe c/w dual yoke brackets Proposed 3No. AHPMDB (7/8), 3No. AHEGG (18/21) & 3No. ARHA (26) RRU's fixed to proposed crowsnest headframe Proposed 3No. Commscope MK2 BOBs fixed to proposed crowsnest headframe Proposed future 1No. 600mm dia. dish fixed to proposed extension pole above crowsnest headframe C/L of proposed future dishes +21.5m AGL Proposed 25.0m high Swann Type A Column fixed to proposed 4.3x4.3x1.0m deep concrete foundation Proposed GPS node fixed to antenna support poleC/L of proposed future dishes +26.0m AGL Top of Trees +16.0m AGL Top of Barn +8.0m AGLTop of Trees +8.0m AGL Proposed future 1No. 600mm dia. dish fixed to proposed crowsnest headframe Proposed Commscope ORC cabinet containing BBUs & proposed Link A/C MK5B cabinet c/w step up plinth fixed to proposed tower foundation (Colour: Light Grey RAL7035) Proposed 300mm wide over head cable ladder mounted on 2No. cable management support poles c/w proposed 3No. MK2 BOBs mounted on vertical cable ladder fixed to proposed tower foundation Proposed 6.0m x 5.5m compound formed from 1.8m high galvanised steel palisade fence c/w 3.0m wide double access gate Existing site provider container to be relocated into corner of the car park to allow access to compound and container Note: Existing access gate between Inveraray Shinty Club car park and highways depot to be permanently closed Container +2.8mContainer +2.8m Shinty Clubhouse +5.0m AGL Existing 10.0m high BT microwave pole Page 241
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Site Name: Title: Purpose of Issue: File name: EE Cell ID: MBNL Cell ID: H3G Cell ID: Project: Address: Design Consultant: Design Consultant: Site ID: Design Consultant: Design Consultant: Design Consultant: Design Consultant: London One Braham Street Tel: 020 7356 5000 E1 8EE Everything Everywhere EE NTQ GENERAL ARRANGEMENT 93845 AAB219 - INVERARAY SHINTY CLUBHOUSE, DALMALLY ROAD, INVERARAY, ARGYLL AND BUTE, PA32 8XD INVERARAY SHINTY CLUBHOUSE GF 1746401 AAB219_93845_H3GNA_EE_NTQ_GAD_B Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M001 01/07/2025 APS R Nicoll D Rowland EE NTQ GA A First Issue Master: Project: Revision / Upgrade Description: Purpose of Issue: Issue: Date: Drawn: Checked: Approved: M002 30/09/2025 APS R Nicoll D Rowland EE NTQ GA B Additional elevation added, legal demise added 10mm 50mm 100mm V 2.0 251 PROPOSED SITE ELEVATION B PROPOSED SITE ELEVATION B NOTES: 1. ALL DIMENSIONS IN MM UNLESS OTHERWISE NOTED. 0 81:200 5m Top of proposed tower +25.0m AGL C/L of proposed RRZZVV-65B- R6N43 antenna +23.95m AGL Proposed 3No. Commscope RRZZVV-65B-R6N43 antennas fixed to proposed crowsnest headframe c/w dual yoke brackets Proposed 3No. AHPMDB (7/8), 3No. AHEGG (18/21) & 3No. ARHA (26) RRU's fixed to proposed crowsnest headframe Proposed 3No. Commscope MK2 BOBs fixed to proposed crowsnest headframe Proposed future 1No. 600mm dia. dish fixed to proposed extension pole above crowsnest headframe C/L of proposed future dishes +21.5m AGL Proposed 25.0m high Swann Type A Column fixed to proposed 4.3x4.3x1.0m deep concrete foundation Proposed GPS node fixed to antenna support poleC/L of proposed future dishes +26.0m AGL Top of Trees +8.0m AGL Proposed future 1No. 600mm dia. dish fixed to proposed crowsnest headframe Proposed Commscope ORC cabinet containing BBUs & proposed Link A/C MK5B cabinet c/w step up plinth fixed to proposed tower foundation (Colour: Light Grey RAL7035) Proposed 300mm wide over head cable ladder mounted on 2No. cable management support poles c/w proposed 3No. MK2 BOBs mounted on vertical cable ladder fixed to proposed tower foundation Proposed 6.0m x 5.5m compound formed from 1.8m high galvanised steel palisade fence c/w 3.0m wide double access gate Existing site provider container to be relocated into corner of the car park to allow access to compound and container Note: Existing access gate between Inveraray Shinty Club car park and highways depot to be permanently closed Ground level +0.0m Shinty Clubhouse +5.0m AGL Existing 10.0m high BT microwave pole Top of Tree +19.0m AGL Top of Trees +16.0m AGL Top of Container +2.8m AGL Page 242
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STATEMENT OF CASE FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 26/0006/LRB REFUSAL OF PLANNING PERMISSION 25/01573/PP ERECTION OF TELECOMMUNICATIONS EQUIPMENT COMPOUND WITH 25 METRE HIGH TOWER AND ASSOCIATED WORKS INVERARAY SHINTY CLUB, INVERARAY 18 AUGUST 2026 Page 243 Agenda Item 3b
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STATEMENT OF CASE The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is EE Limited (“the appellant”). Planning permission 25/01573/PP for the ‘erection of telecommunications equipment compound with 25 metre high tower and associated works’ at Inveraray Shinty Club, Inveraray (“the appeal site”) was refused by the Planning Service under delegated powers on 8 July 2026. The planning application has been appealed and is subject of referral to a Local Review Body. DESCRIPTION OF SITE The site is situated along the southern boundary of the Inveraray Shinty Club grounds, accessed off of the A819 Dalmally public road with the shinty clubhouse situated to the north adjacent to established playing fields and recreational land. To the south of the site is Housing Allocation H3027, with planning permission 24/00823/PP for 16 affordable dwellinghouses imminent which would form the third phase of the wider Inveraray Masterplan within this area approved in 2017. The first phase of 10 dwellinghouses and the second phase of a retail unit within the Masterplan have been completed on site. To the east and southeast of the site is the BEAR Scotland Roads Depot beyond which is the Inveraray Primary School with open fields leading to a rising, tree covered backdrop to the west. The application proposes the formation of a telecommunications equipment compound incorporating a 25metre high swann column with crowsnest headframe incorporating the following equipment: 3 x antennas fixed to headframe; 2 x 0.6m transmission dishes; 1 x GPS Node fixed to proposed antenna pole; 1 x ORC Cabinet (600x600x2100); 1 x MK5B Link AC cabinet (1200x600x1600); 1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access gate; and ancillary equipment and cabling. STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and all other material planning considerations and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this application. Page 244
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STATEMENT OF CASE Argyll and Bute Council considers the determining issues in relation to the case are as follows: • Whether the site represents an appropriate location for the proposed development, having regard to its impact on visual amenity and the character and appearance of the surrounding area, and whether the development would result in an unacceptable adverse impact on the historic environment. The Report of Handling (Appendix 1) sets out the Council’s full assessment of the application in terms of Development Plan policy and other material considerations. REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING It is not considered that any additional information is required in light of the appellant’s submission. The issues raised were assessed in the Report of Handling which is contained in Appendix 1. As such it is considered that Members have all the information they need to determine the case. Given the above and that the proposal is small-scale, has no complex or challenging issues, and has not been the subject of any significant public representation, it is not considered that a Hearing is required. COMMENT ON APPELLANT’S SUBMISSION The case from the Planning Service is set out in the Report of Handling appended to this statement. With regards to the Appellant’s submission, Officers have the following comments. 1. The Planning Authority's prolonged delay in determining the application materially prejudiced the Appellant and altered the planning context against which the proposal was assessed. The Planning Authority acknowledges that the determination of the application took longer than would ordinarily be expected and notes the concerns raised by the Appellant. However, it is not accepted that the delay resulted in material prejudice to the Appellant or that it rendered the subsequent assessment of the application unfair. All planning applications require to be determined against the provisions of the Development Plan in force at the time along with all other material considerations. Whilst the adjacent residential development was not approved at the time the planning application was submitted, the site formed part of a wider Housing Allocation within adopted Local Development Plan 2 (LDP2) and therefore its existence represented a material consideration in the assessment process with the Planning Authority obliged to consider the relationship between the proposed development and the wider Housing Allocation. The Planning Authority does not accept that these considerations arose solely as a consequence of delay, but that they formed part of the planning context at the time the application was determined being relevant matters that required to be considered. 2. That the Planning Authority afforded disproportionate weight to the perceived visual and heritage impacts of the proposal. The Planning Authority accepts that the proposal is intended to provide replacement telecommunications infrastructure and acknowledges the operational need for such Page 245
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infrastructure, however, the Planning Authority does not accept that insufficient weight was afforded to these considerations. Whilst the operational need for replacement infrastructure is acknowledged, this does not negate the requirement for the development to accord with the relevant provisions of the Development Plan and other material considerations. The Planning Authority concluded that the public benefits and operational need associated with the proposal did not outweigh the identified harm arising from its siting and visual impact. 3. Insufficient weight has been given to the operational need and public benefits associated with the proposal. The Planning Authority acknowledges the importance of maintaining effective telecommunications coverage, however it is not accepted that these benefits outweigh the identified adverse impacts of the proposed development. The Planning Authority accepts that the proposal would contribute towards the ongoing provision of digital connectivity, however, support for telecommunication infrastructure does not negate the requirement for developments to be appropriately sited and designed, or to comply with the provisions of the Development Plan Whilst the Appellant characterises the visual impacts to be limited and localised, the Planning Authority remains of the view that the proposal would result in unacceptable effects on the visual amenity, character and appearance of the surrounding area, as well as the historic environment. 4. The Appellant has demonstrated that the proposed location represents the only suitable, available and deliverable site capable of meeting the operational requirements of the network. The Planning Authority acknowledges the Appellant's assessment of alternative locations and the technical requirements associated with the provision of replacement telecommunications infrastructure. However, the existence of operational constraints does not, in itself, demonstrate beyond doubt that no other suitable or potentially deliverable alternatives exist, nor does it remove the requirement for the proposed development to be assessed against the relevant planning policies and material considerations. Whilst the need to maintain telecommunications coverage is recognised, the Planning Authority remains of the view that the information submitted has not sufficiently justified the proposed siting of the development, having regard to its identified impacts on visual amenity, the character and appearance of the surrounding area and the historic environment. 5. The Planning Balance Weighs Decisively in Favour of Granting Planning Permission The Planning Authority acknowledges that telecommunications infrastructure will introduce built development into the landscape and that a degree of visibility is often unavoidable and also recognise the need for modern and reliable digital infrastructure. Whilst the Appellant contends that the proposal has been appropriately sited and designed to minimise environmental impacts, the Planning Authority remains of the view that the development would have an unacceptable effect on visual amenity and on the character and appearance of the surrounding area. Furthermore, it is considered that the proposal would adversely affect the historic environment and would fail to satisfactorily integrate with its surroundings. Page 246
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The Planning Authority deemed that the adverse impacts of the development outweighed its benefits and therefore the proposal was considered contrary to the provisions of the Development Plan comprising NPF4 and LDP2. CONCLUSION Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made in accordance with the development plan unless material considerations indicate otherwise. As set out above, and for the reasons detailed in the Report of Handling appended to this statement, it remains the view of the Planning Authority that the proposed development would result in an adverse impact on the visual amenity, character and appearance of the surrounding area and would adversely affect the historic environment. As such, the proposal is considered contrary to the relevant provisions of National Planning Framework 4 (NPF4) and Local Development Plan 2 (LDP2). The Planning Authority remains satisfied that the reasons for refusal are appropriate and it is therefore respectfully requested that the Local Review Body dismiss the application for review and uphold the decision of the Planning Authority. Page 247
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APPENDIX 1 Report of Handling Relative to 25/01573/PP Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 25/01573/PP Planning Hierarchy: Local Applicant: EE Limited Proposal: Erection of telecommunications equipment compound with 25 metre high tower and associated works Site Address: Inveraray Shinty Club, Inveraray DECISION ROUTE ☒Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☐Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of telecommunications equipment compound with associated works as follows: 1 x 25-metre-high swann column with crowsnest headframe 3 x antennas fixed to headframe 2 x 0.6m transmission dishes 1 x GPS Node fixed to proposed antenna pole 1 x ORC Cabinet (600x600x2100) 1 x MK5B Link AC cabinet (1200x600x1600) 1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access gate Ancillary equipment and cabling (ii) Other specified operations • N/A (B) RECOMMENDATION: Page 248
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Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be REFUSED for the reasons appended to this report. (C) CONSULTATIONS: Argyll and Bute Council – Roads Authority Report dated 20/11/25 advising no objection to the proposed development subject to conditions being imposed on any permission granted to secure a Traffic Management Plan for the construction phase of the proposed development together with details of a parking and turning area for the service vehicle(s). Argyll and Bute Council – Environmental Health Service (EHS) Memo dated 31/10/25 advising that they have no comment to make on the proposal. NatureScot Response dated 03/11/25 advising that they have no comment to make as the proposal does not affect a protected area. Historic Environment Scotland (HES) Letter dated 17/11/25 advising that they have considered the proposal and do not have any comments to make. HES do however advise that their decision not to provide comments should not be taken as their support for the proposal. Consultation responses are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (D) HISTORY: No planning history relevant to this site but history relating to the wider area, and referenced in the main assessment of the proposal, is provided below. 13/02860/MPLAN Inveraray Project Masterplan - MAST 1/5 Argyll and Bute Local Development Plan (2015) – Granted: 26/04/17 14/02020/PP Erection of Class 1 retail store, upgrade of access and associated landscaping (amended site boundaries) – Granted: 24/09/14 18/02298/PP Erection of 10 dwellinghouses with associated car parking, upgraded access road and landscaping (revised house types and associated parking previously approved under reference 16/03138/P – Granted: 19/02/19 (E) PUBLICITY: The proposal has been advertised in terms of Regulation 20 and Neighbour Notification procedures, overall closing date 05/12/25. (F) REPRESENTATIONS: Page 249
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(i) Representations received from: Mr Ross Lightfoot, 89 Minerva Street, Finnieston, Glasgow (04/12/25) Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: • Drawing attention to the proximity of the proposed mast to the adjacent housing application (planning ref. 24/00823/PP). • Digital Telecommunications: Planning Guidance (para. 4.35) states that, in suburban or residential areas, larger masts should where possible be sited away from direct views from main habitable windows. The current proposal places the mast immediately beside the site boundary of the proposed residential scheme. We would be grateful if this relationship could be considered during the handling of the application. Officer Comment: This comment is noted and is considered in the main assessment of the proposal at Section P below. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☒Yes ☐No A Design Statement has been submitted in support of the proposal which is referenced in the main assessment at Section P below. (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☐Yes ☒No ☐Yes ☒No (v) A report on the impact of the proposed development e.g. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☒Yes ☐No Relevant INCNIRP certification and associated Health and Safety Correspondence relating to the operation Page 250
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of telecommunication proposals have been submitted with the application. (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 24 – Digital Infrastructure Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 06 – Green Infrastructure Policy 08 – Sustainable Siting Policy 10 – Design – All Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 17 – Conservation Areas Page 251
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Policy 20 – Gardens and Designed Landscapes Connected Places Policy 44 – Telecommunications Sustainable Communities High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses • ABC Technical Note – Biodiversity (Feb 2017) • Scottish Government - Digital Telecommunications: Planning Guidance • Historic Environment Policy for Scotland (2019) • Managing Change in the Historic Environment: Gardens and Designed Landscapes (2016) (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No (O)(i) Key Constraints/Designations Affected by the Development: • Inveraray Castle Designed Landscape • Inveraray Conservation Area (outwith but adjacent to) • West Loch Fyne (Coast) LLA (outwith but adjacent to) (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 Page 252
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☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☒Brownfield ☐Brownfield Reclaimed by Nature ☐Greenfield ABC LDP2 Settlement Strategy (tick all relevant boxes) ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: Area for Action AFA:A3014 Inveraray Town Centre and Waterfront allocated for local historic regeneration and enhancement (Action Programme) (P) Summary assessment and summary of determining issues and material considerations Introduction and Settlement Strategy The application is seeking to secure permission for the formation of a telecommunications equipment compound with a 25 metre high tower and associated equipment on an area of land at Inveraray Shinty Clubhouse, Dalmally Road, Inveraray. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as being within the defined Key Rural Settlement Area (SA) of Inveraray on the proposals maps where LDP2 Policy 01 gives a general presumption in favour of sustainable development where it is compatible with surrounding uses; provides suitable access and infrastructure; is of an appropriate scale and fit for the size of settlement in which it is proposed; it respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and it complies with all other relevant LDP2 policies. Page 253
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Site and Proposed Development The site is situated along the southern boundary of the Inveraray Shinty Club grounds, accessed off of the A819 Dalmally public road with the shinty clubhouse situated to the north adjacent to established playing fields and recreational land. To the south of the site is Housing Allocation H3027, with planning permission 24/00823/PP for 16 affordable dwellinghouses imminent which would form the third phase of the wider Inveraray Masterplan within this area approved in 2017. The first phase of 10 dwellinghouses and the second phase of a retail unit within the Masterplan have been completed on site. To the east and southeast of the site is the BEAR Scotland Roads Depot beyond which is the Inveraray Primary School with open fields leading to a rising, tree covered backdrop to the west. The application proposes the formation of a telecommunications equipment compound incorporating a 25 metre high swann column with crowsnest headframe incorporating the following equipment: 3 x antennas fixed to headframe; 2 x 0.6m transmission dishes; 1 x GPS Node fixed to proposed antenna pole; 1 x ORC Cabinet (600x600x2100); 1 x MK5B Link AC cabinet (1200x600x1600); 1 No. 6m x 5m compound formed from 1.8m high palisade fence with 3m wide double access gate; and ancillary equipment and cabling. The Design Statement (DS) submitted with the application details that the existing telecommunications mast within nearby AFAM Services site (approximately 115m to the east of the application site) is due to be decommissioned due to operational reasons and replaced by the current proposal. The DS details that the existing site at AFAM Services provides network coverage to the area, however, due to operational reasons it cannot no longer continue to provide coverage nor 5G coverage and there is an urgent requirement to decommission and remove the existing installation with the requirement for a new location for a replacement installation in order to maintain and improve coverage to this area. The DS further details that the replacement site must be in the same geographical area to ensure that the network coverage is improved effectively which has led to the consideration of this site. The DS provides details of a number of alternative sites that were considered and the reasons why they were discounted and also discusses a site consented under planning permission reference 21/02463/PP which cannot be progressed due to legal issues. Assessment Whilst the site is situated within the SA of Inveraray, where LDP2 Policy 01 gives a general presumption in favour of sustainable development, this is caveated by a number of criteria and the need for compliance with all other relevant LDP2 policies and material planning considerations. Page 254
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The site is situated within an area identified within LDP2 as an Area for Action (AFA) A3014, a strategic allocation the key aim of which is to enable investment and initiatives in the Key Rural Settlement of Inveraray related to the Conservation Area, the adjoining Strategic Masterplan Area and to continue to promote essential repairs and maintenance of the Historic Environment. The site is situated within the wider Inveraray Castle Gardens and Designed Landscape designation one of the most grandly conceived and culturally significant designed landscapes in Scotland and is in very close proximity to the Inveraray Conservation Area. The site is also adjacent to, but outwith, the West Loch Fyne (Coast) LLA. Furthermore, as detailed above, the site is directly adjacent to Housing Allocation H3027, allocated within LDP2 to bring forward 138 housing units, with the granting of planning permission for 16 affordable dwellinghouses, directly adjacent to the proposed mast site, imminent. The key consideration in the proposal is whether it complies with the policy requirements set out in NPF4 Policy 24 – Digital Infrastructure namely Part (e) (i) which only affords support to development proposals for digital infrastructure where the visual and amenity impacts of the proposed development have been minimised through careful siting, design, height, materials and, landscaping, taking into account cumulative impacts and relevant technical constraints; and LDP2 Policy 44, Telecommunications which seeks that telecommunication installations should minimise impact on the visual amenity, character or appearance of the surrounding area and not have an unacceptable impact on protected areas including Designed Landscapes and Conservation Areas. In addition to the above, the Scottish Governments Digital Telecommunications: Planning Guidance provides a good practice guide for telecommunication installations seeking that where located in suburban or residential areas, larger new masts should, where possible, be located away from direct views from main habitable windows. Officers deem that the telecommunications infrastructure proposed within this application would not fit with the wider aspirations of the area set out within LDP2 with regards to the AFA, Housing Allocation and the impact on the Historic Environment. The introduction of the proposed mast at the edge of this key area would undermine the aspirations set out in the LDP2 to transform this area contrary to the provisions of key policies NPF4 24 and LDP2 Policy 44 which collectively seek to resist telecommunication development where it would have an adverse impact on the visual amenity, character and appearance of the surrounding area and would adversely impact on protected areas including Designed Landscapes and Conservation Areas. The proposal is assessed against the other relevant NPF4 and LDP2 Policies below. NPF4 Policy 1 – Tackling the Climate and Nature Crises seek to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Page 255
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Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. NPF4 Policy 2 – Climate, Mitigation and Adaption seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. In the case of the development proposed by this application it is not considered that there are any issues of compliance with Policy 3 and no material biodiversity impacts have been identified in the assessment of this application by the Planning Authority. Whilst Policy 3(c) would ordinarily require measures for the conservation, restoration and enhancement of biodiversity, such measures are required ‘where appropriate’ and should be ‘proportionate’ to the nature and scale of the development proposed. In this case, the proposed development is limited to a telecommunications project which would not prejudice any existing biodiversity value and therefore it is not considered appropriate or proportionate to seek biodiversity restoration or enhancement in this specific case. The proposed development is therefore considered to be in compliance with the broad aims of NPF4 Policy 3 and LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity which collectively seek to ensure that development proposals incorporate, safeguard and enhance existing site biodiversity. NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a site designated as a Local Nature Conservation Site or within a Local Landscape Area (LLA) for and area identified as Wild Land. However, whilst the site is situated directly adjacent to the West Loch Fyne LLA, it is not considered that the scale of the proposed development would have a significant adverse impact on the LLA or the reasons for which it was designated raising no conflict with NPF4 Policy 4 or LDP2 Policy 71, Development Impact on Page 256
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LLAs which collectively seek to protect the natural environment and designated areas from inappropriate development. NPF4 Policy 7 – Historic Assets seeks to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a significant impact on historic assets or places are accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. Part (d) of Policy 7 only supports development proposals in or affecting Conservation Areas where the character and appearance of the conservation area and its setting is preserved or enhanced with Part (e) seeming to ensure that development proposals ensure that existing natural and built features which contribute to the character of the conservation area and its setting, including structures, boundary walls, railings, trees and hedges, are retained. Part (i) only affords support to development proposals affecting nationally important Gardens and Designed Landscapes where they protect, preserve or enhance their cultural significance, character and integrity and where proposals will not significantly impact on important views to, from and within the site, or its setting. The telecommunications installation is proposed within the Gardens and Designed Landscape of Inveraray Castle and in close proximity to the Inveraray Conservation Area, designations which are acknowledged within LDP2 by virtue of AFA A3014 referenced above, being a strategic allocation the key aim of which is to enable investment and initiatives in the Key Rural Settlement of Inveraray related to the Conservation Area, the adjoining Strategic Masterplan Area and to continue to promote essential repairs and maintenance of the Historic Environment. In this instance, it is considered that the proposal would conflict with the main aims of NPF4 Policy 7 and LDP2 Policies 15, Protection, Conservation and Enhancement of Our Historic Environment, Policy 17, Conservation Areas and Policy 20, Gardens and Designed Landscapes together with the guidance contained within Historic Environment Scotlands Historic Environment Scotland Policy and associated Managing Change in the History Environment: Gardens and Designed Landscape Guidance which collectively seek to protect the Historic Environment from inappropriate developments which would have a detrimental impact. NPF4 Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Part (a) of Policy 9 states that development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. The development proposed by this application is considered to be on a brownfield site by virtue of the fact that it proposes to utilise an area of land within the grounds of the established recreational facility of Inveraray Shinty Club. Page 257
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In the event that permission was to be granted, the proposed development would be consistent with the broad aims of NPF4 Policy 9 and the spatial and settlement strategy set out in LDP2 Policy 01. NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. NPF4 Policy 14 part (a) states that, development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. As detailed above, the site is within an area where the introduction of the proposed mast would conflict with the wider aspirations set out in LDP2 through the AFA allocation for the investment and initiatives in the Key Rural Settlement of Inveraray related to the Conservation Area, the adjoining Strategic Masterplan Area and to continue to promote essential repairs and maintenance of the Historic Environment. Officers deem the proposal to be contrary to the broad aims of NPF4 Policy 14 and the sustainable siting and design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08, Sustainable Siting and Policy 10, Design: All Development which, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape and ensure that no adverse visual or amenity impacts arise. Considering the above, the proposal is recommended for refusal for the reasons set out below. (Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No (R) Reasons why Planning Permission Should be Refused: See reasons for refusal below. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Fiona Scott Date: 06/07/26 Reviewing Officer: David Moore Date: 08/07/26 Fergus Murray Head of Development & Economic Growth Page 258
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 25/01573/PP 1. This proposed installation of a telecommunication equipment compound and mast is considered contrary to the provisions of NPF4 Policy 24 (e) (i) (Digital Infrastructure) and LDP2 Policy 44 (a) & (d) (Telecommunications) as it is considered that the proposal would have an adverse impact on the visual amenity, character and appearance of the surrounding area and would adversely impact on the Historic Environment contrary to the provisions of NPF4 Policies 7 (Historic Assets) and 14 (Design, Quality and Place) and LDP2 Policy 15 (Protection, Conservation and Enhancement of Our Historic Environment, Policy 17 (Conservation Areas) and Policy 20 (Gardens and Designed Landscapes). Page 259
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El Sub Sta Garage 10.4m Housean-uran Telephone Exchange Bealach- © Crown Copyright and database right 2025 All rights reserved. OS license (customer) account number AC0000849384 Plan Relative to: 26/0006/LRB O 0 10 205 Meters Page 261
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