The petition of the owners and supporters of Umana Yana, Herne Hill,
Declares that Umana Yana, an independent restaurant in Herne Hill, has faced serious disruption to their trade due to telecommunication boxes placed immediately outside their premises; notes that Umana Yana has been part of the local community for over fifteen years but has faced a significant fall in footfall as the shop can no longer be seen from the street, and that over 1700 people have signed local and online petitions in support of the restaurant; further notes that the shop has seen a loss of revenue for this valued community focused business; and further declares that small businesses across the country have faced similar challenges due to telecoms infrastructure placed without due consideration of nearby shops.
The petitioners therefore request that the House of Commons considers this issue and urges the Government to bring forward legislation to ensure small businesses are not blocked from view by telecommunications equipment, to ensure the removal of equipment affecting small businesses, like Umana Yana, and that businesses are duly compensated by the telecoms companies for disruption.
And the petitioners remain, etc.—[Presented by Helen Hayes, Official Report, 12 February 2025; Vol. 762, c. 354.]
[P003043]
Observations from the Minister for Data Protection and Telecoms (Chris Bryant):
Access to digital services is becoming increasingly important to businesses and consumers throughout the UK, but operators should locate their equipment in a manner that minimises the impact on local communities.
The intention behind the legislative framework currently in place is to strike the right balance between ensuring that network deployment can happen at pace, and that installations are carried out in a proportionate way, with regard to the impacts on communities.
The Electronic Communications Code (the Code) is the legal framework underpinning rights to install, maintain, upgrade and share telecommunications apparatus on public and private land. It regulates the relationship between telecommunications operators and landowners with regards to the deployment of digital infrastructure under, on or over land. For most land, operators must obtain an agreement with the owner or occupier of the relevant land before installing their equipment. However, the Code does give operators certain automatic rights to install apparatus on some types of land.
Under Part 8 of the Electronic Communications Code, specifically paragraphs 56 to 59, code operators have certain automatic rights to install and maintain apparatus on streets and roads. Paragraph 13(2) of the Code states that operators cannot exercise a street work right so as to interfere with or obstruct any means of access to or from other land unless the occupier of the other land has conferred a code right or is otherwise bound by a code right, in accordance with the Code. For example, if the previous property owner had a code agreement in place, the current occupier would be bound by that code right.
When exercising these rights, operators must adhere to duties and obligations contained in: the Electronic Communications Code itself; the accompanying regulations: the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (the 2003 Regulations); and the relevant conditions and requirements in the Town and Country Planning (General Permitted Development) (England) Order 2015.
The Cabinet Siting and Pole Siting Code of Practice 2016 provides guidance on ways operators can ensure installations are placed appropriately, and that local authorities and communities are engaged with regarding proposed installations. For example, it sets out that where new telegraph poles are to be installed the operator should place a site notice to indicate to nearby residents the intention to install a pole, and the proposed location. In addition, the recently published telecommunications poles working group best practice recommendations, which set out expectations for operators deploying telegraph poles, such as circumstances in which requests to relocate a pole should be considered, and how operators can pay due regard to community interests.
As the independent regulator for telecommunications operators, Ofcom is able to take enforcement action and has stated that it would investigate any cases where infrastructure, such as poles, are sited in a way which is not consistent with the requirements and guidelines in place including where they block residents’ drives or where operators systematically fail to engage with local planning authorities’ suggestions.
In addition, the code of practice for wireless network development in England (the wireless code of practice, distinct from the Cabinet Siting and Pole Siting Code of Practice 2016 referenced above) sets out the considerations that operators should follow when deploying infrastructure, including how infrastructure should be sited and how they should consult with interested parties throughout the development process, particularly with local residents. The wireless code of practice also states that for some applications, it may be appropriate for them to undertake pre-application consultation with local residents. For example, a greater level of community consultation may be considered for a new site or where there is a high-level of community interest in development, though the type of engagement should be considered on a case-by-case basis. Operators should discuss and agree this requirement with the local planning authority.
Planning conditions in legislation require operators to minimise the visual impact of new network development on the surrounding area as far as is predictable, particularly in more sensitive locations, and the wireless code of practice sets out how they should do this. Operators have also committed to place additional antennas and cabinets at existing sites where possible, and only where additional capacity and/or coverage is needed will additional sites be built.
Meanwhile, the wireless code of practice stresses that radio equipment hosted in cabinets should be designed and sited to minimise visual impact and blend with the local environment. It should be safely accessible for maintenance and not pose hazards to the public, while considering environmental factors like noise and emissions. Additionally, engaging with local communities and stakeholders is crucial to address concerns and provide information about the installation.
Where possible, operators are encouraged to use existing masts, buildings and other structures for new wireless communications capability. This is set out in the national planning policy framework for England. The framework states that applications for electronic communications development should also be supported by the necessary evidence to justify the proposed development. This includes evidence that the applicant for a new mast or base station has explored the possibility of erecting antennas on an existing building, mast or other structure. Operators are also required to minimise the visual impact of network infrastructure on the surrounding area as far as possible.
In addition, through the wireless code of practice, the mobile network operators have committed to site sharing wherever viable, in order to minimise the number of new masts and base station sites required. The mobile industry already has extensive mast sharing arrangements in place through which they operate over 40,000 mobile sites across the UK. Also measures introduced in the Product Security and Telecommunications Infrastructure Act 2022 make it easier for operators to upgrade and share the use of existing apparatus.
Meanwhile, operators must comply with national planning regulations. The deployment of telecoms infrastructure in England requires planning permission. Most telecommunications infrastructure, including masts and radio cabinets, benefit from permitted development rights. However, to ensure that there is appropriate local consideration, prior approval of the local planning authority is still needed on certain matters, such as on siting and appearance. For example, prior approval from the local planning authority is needed on all new ground-based masts, including 5G masts, up to 30 metres in height in non-protected areas, and up to 25 metres in protected areas. This ensures that consideration should always be given locally on how the impacts of new masts can be minimised. The prior approval process also provides for any person who wishes to make representations about the siting and appearance of the proposed development to do so in writing to the local planning authority, with those representations then needing to be considered by the authority in determining the prior approval application.
Planning legislation also sets out the minimum notification and consultation requirements for ground-based mobile masts. Local planning authorities have discretion about how they might further inform communities and other interested parties about planning applications, though they may set out more detail on how they will consult the community on planning applications in their statement of community involvement.
It is the responsibility of the relevant local planning authority to consider whether any breach of planning control has taken place and whether enforcement action is required. Local residents are encouraged to contact their relevant local planning authority if they have concerns regarding a particular installation.
Thank you for bringing these concerns to our attention.