New Clause 3 — Amendment of the Town and Country Planning Act 1990

Deferred Division – in the House of Commons at 6:45 pm on 25th June 2008.

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'(1) The Town and Country Planning Act 1990 (c. 8) is amended as follows.

(2) After section 71A insert—

"71B Telecommunications masts: precautionary principle statement

(1) Every application for planning permission for telecommunications masts and associated apparatus shall be accompanied by a precautionary principle statement ("the statement").

(2) A local planning authority on receipt of an application for planning permission for telecommunications masts and associated apparatus, and on the receipt of a notice of appeal, shall—

(a) make copies of the statement available for inspection, and

(b) indicate how representations can be made in respect of the statement,

in such manner as may be prescribed by regulations.

(3) A local planning authority in considering an application for planning permission for telecommunications masts and associated apparatus, or the Secretary of State on an appeal against a determination or non-determination, shall not make a decision until it, or he, has first taken into account the information contained within the statement and any representations received in respect of that information.

(4) Where the statement indicates that there is a threat of damage to health or the environment, it shall not be a ground for granting planning permission that there is a lack of full scientific certainty about the extent of the threat of damage to health or the environment.

71C Telecommunications masts: beam of greatest intensity certificate

(1) Every application for planning permission for telecommunications masts and associated apparatus shall be accompanied by a certificate ("the certificate") which sets out—

(a) the area and maximum range of the beam of greatest intensity,

(b) the minimum and maximum distances at ground level of the beam of greatest intensity,

(c) an explanation of the way in which the intensity of radiation falls off with distance from an antennae and of the level of the intensity of radiofrequency radiation,

(d) an indication of where the beam of greatest intensity falls and the nearest and farthest distance from the antenna to these points.

(2) A local planning authority on receipt of an application for planning permission for telecommunications masts and associated apparatus, and on the receipt of a notice of appeals shall—

(a) make copies of the certificate available for inspection, and

(b) indicate how representations can be made,

in such manner as may be prescribed by regulations.

(3) Where a beam of greatest intensity falls on any part of any premises or land occupied by or consisting of an educational or medical facility, or of residential property, planning permission shall not be granted before first taking into account the information contained within the certificate, and any representations received in respect of that information.

(4) For the purposes of section 71B and this section—

"beam of greatest intensity" means where the greatest exposure to the radiofrequency radiation signal occurs;

"educational facility" means any premises used for the education of children and young adults, whether such education is full or part time, and includes a nursery school;

"electronic communications code" means the code set out in Schedule 2 to the Telecommunications Act 1984;

"exempted apparatus" means—

(a) a public call box, or(b) an antenna which cannot be used for receiving a signal transmitted from a telecommunications mast, and(c) radio equipment which cannot be used in connection with a telecommunications mast;

"medical facility" means any premises used for medical treatment or care;

"precautionary principle statement" means a statement accompanying an application for planning permission for telecommunications masts and associated apparatus which describes the effect upon the environment or human health which might arise from the installation or use of the telecommunications masts and associated apparatus;

"telecommunications masts and associated apparatus" has the same meaning as the term "electronic communications apparatus" in the electronic communications code, except that the definition of that term does not include exempted apparatus.".'.— [Andrew Stunell.]

Brought up, and read the First time.

Question put, That the clause be read a Second time:—

The House divided: Ayes 57, Noes 310.

Division number 234

See full list of votes (From The Public Whip)

Question accordingly negatived.