National Assembly for Wales

Ref: LCO-005

Proposed Telecommunication Masts Legislative Competence Order

Sandy Mewies

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

Field 18 (Town and country planning) of Schedule 5 of the Government of Wales Act is to be amended as follows:

To make provision for all non-emergency telecommunications masts under 15 metres in height to be brought under the full planning process.

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

Current policy retains the prior approval system for telecommunication masts under 15 metres. This means that, unlike virtually all other planning developments, telecommunication masts under 15 metres do not require planning permission. They are “permitted developments”, which means that the local authority only needs to be notified before the mast can go up. If a telecommunications operator proposes to erect a mast under 15 metres and does not receive objections from a council within 56 days, it can currently assume it has "deemed consent" and proceed.

Masts under 15 metres are not open to public consultation, and therefore the legitimate concerns of people who live and work near these masts are not heard. This is an affront to the democratic process at local level.

Like other Assembly Members, I have received a great deal of correspondence from concerned constituents on this matter – from both individuals and community groups. There is a strong feeling amongst the public that all non-emergency telecommunications masts under 15 metres in height be brought under the full planning process.