Digital telecommunications: planning guidance

3 Working together for the delivery of highly effective communication infrastructure through the planning system

3.1 Many parties have a part to play – and collective interest – in the delivery of digital connectivity infrastructure. Recognising this can allow greater stakeholder input and constructive collaboration. It can also encourage trust between parties and promote open and positive working relationships. Early engagement and collaboration between relevant parties will better inform decisions on land use and is key to achieving best practice in the delivery of such infrastructure.

The role of central governments

3.2 The Scottish and UK Governments have a role in working collaboratively with the communications industry to ensure policy and regulation is kept up to date with industry changes, technological change and opportunities. This involves setting the overall strategy for connectivity, and in framing appropriate policy, guidance and regulation within their specific remit as follows:

• Electronic communications is a reserved matter for the UK Government and is regulated by the communications regulator (Ofcom).
• Land use planning matters are a devolved function of the Scottish Government.

The role of planning authorities

3.3 Planning authorities (including the national park authorities) must determine applications on planning grounds only. The following factors can assist in efficient and effective decision making within the planning system.

• Engagement with Operators – planning authorities should respond positively to requests for engagement and ensure decisions on applications and prior approvals are made timeously.
• Expertise – planning authorities are encouraged to consider having a member of staff with skills in this area who can act as a champion. This expertise could help in shaping any local digital strategy and help to implement the delivery programmes at a national and local level. It could help provide a bridge between the operators, planning authorities and relevant stakeholders by helping to frame any proposed development within the wider context of the benefits such connectivity brings. This would provide positive outcomes in the smooth deployment of infrastructure and for building more effective relationships between local authorities and telecommunications providers.
• Facilitating sites – planning authorities are often large landowners within the local area and may hold land in strategic locations which is suitable for new infrastructure. An understanding and mapping of where there are coverage shortfalls could help improve connectivity more efficiently. Local authorities’ networks and relationships with local business can also help to identify the need for improved connectivity and the availability of land and buildings.
• LDPs – planning authorities when preparing their LDPs should ensure connectivity ambitions are recognised in line with the NPF4’s overall policy approach for digital communications infrastructure, set out in Local development planning guidance. Local authorities should take account of existing and future provision of digital infrastructure in developing their spatial strategy. Preparation of LDPs is a collaborative activity, and the communications industry is an important stakeholder in this. The Evidence Report stage offers an opportunity for early engagement particularly with relevant local authority departments, operators and providers in relation to programmed investment in digital within their area.
• A point of contact for consultation/engagement – it can be useful to have a designated point of contact available who can, for example, provide assistance on preferred locations in proposed new sites; offer guidance on proposals for significant upgrades in existing sites and any relevant infrastructure plans such as major new developments; and identify commensurate and proportionate information requirements for applications.
• Determination of planning applications – planning authorities should:
  • Give appropriate weight to the advantages of the provision of technology, particularly to the local community and economy, as well as to other strategic policies of the local area, in line with NPF4.
  • Understand the technical, operational and topographical constraints of delivering fixed and wireless communication infrastructure, services and networks.
  • Work with the operator to find solutions that might help overcome barriers to the grant of planning permission.
  • Not treat radiofrequency radiation, which is controlled and regulated under separate legislation, as a material consideration but ensure a declaration relating to ICNIRP (see paragraphs 4.6 and 4.7) has been submitted. This applies where the application relates to an installation of an antenna to be employed in an electronic communication network.
  • Ensure that it has been demonstrated that communications infrastructure is not expected to cause any physical obstruction to aerodrome operations, technical sites or existing transmitter/receiver.
  • Decisions should be made timeously, while working within due process and facilitating collaboration between stakeholders to address/mitigate issues, being mindful of local and national programmes – e.g., SRN.

The role of the operators/applicants for planning permission

3.4 The operator/applicant should ensure that development proposals incorporate appropriate, universal and future proofed digital infrastructure to ensure successful delivery of national and local programmes for roll-out of infrastructure across Scotland. This is with a strong focus on areas with no or low connectivity capacity and where there are benefits of such connectivity to communities, local economy and reducing the need to travel.

3.5 The following factors can ensure that operators and the wider industry adopt best practice in network roll-out:

• Share information – As part of the planning decision making process, operators may wish to provide the planning authority with details on any other mobile telecoms infrastructure on the building, site or local area to best inform the siting of any proposed apparatus.
• Site selection – Operators should ensure that landscape, visual effects and amenity impacts are minimised through careful siting and design, taking into account cumulative impact and relevant technical constraints. Operators should make use of existing buildings, structures, sites and masts, wherever practicable, to reduce the need for new development and reduce the environmental impact and visual intrusion of installation. This may involve redeveloping an existing site, including the installation of a replacement mast to accommodate additional equipment. It is vital that the implications of the development plan, any heritage assets and landscape, safeguarded sites or environmental designations are taken into account to ensure impacts are minimised and the most appropriate site is chosen. NPF4 Policy 4: Natural Places ensures our locally, regionally, nationally and internationally important natural assets are protected whilst Policy 3: Biodiversity supports development that helps to secure positive effects for biodiversity. Scottish Government Draft Planning Guidance: Biodiversity sets out a number of commonly used and widely applied ‘principles’ which can be followed when designing development so that nature and nature recovery are an integral part of any proposal.
• Engage positively – Operators should be proactive in their engagement with planning authorities, stakeholders, site owners and communities in pre-application discussions. Early discussions between the operators, planning authorities, statutory consultees and communities about the location, specific purpose of the proposal, design and style of proposals and any operational constraints is encouraged to helpfully clarify expectations and reconcile local and commercial interests.
• Engage in the LDP preparation process – Contributing to the preparation of the Evidence Report, and engaging with the Proposed Plan, will help to ensure that LDPs provide a supportive context for digital communications infrastructure as per the ambitions of NPF4.
• Submit good quality planning applications – Operators/applicants when applying for planning permission should focus on the principles set out within the context of NPF4 as a whole. Applicants should provide details of the site selection process where deploying a new mast (e.g., to demonstrate that options for making use of an existing building, mast or other structure have been explored) and site-specific information on construction, maintenance and restoration. The supporting information should also demonstrate mitigation measures which seek to minimise impacts. Accompanying plans, design statements and visualisations should form part of the submission. Where relevant, an ICNIRP declaration (paragraphs 4.6 and 4.7 refer) should be included.
• Remove redundant apparatus – Operators must comply with any conditions requiring the removal of redundant equipment, and in any event should ensure that apparatus which is no longer in use is removed as quickly as possible after it ceases use.

The role of other stakeholders

3.6 Other stakeholders, including statutory consultees and local communities, also have a key role in the planning process. Early engagement is encouraged in order for local people to have their say and their representations taken into consideration. Timeous and open collaboration is essential with key agencies, such as NatureScot and Historic Environment Scotland, or other bodies, such as ‘relevant bodies’ in relation to safeguarded areas, which may, for example, include discussion around design and siting options and achieving mitigation solutions.

• Local Development Plans - Interested stakeholders have an important role to play in supporting the collaborative preparation of LDPs. It is helpful if stakeholders are able to help a planning authority to understand and respond to the connectivity issues and impacts caused by telecommunications and digital infrastructure in the area. Where such matters have been raised in local place plans, stakeholders may wish to refer to those plans in onward engagement with the planning authority.
• Local Place Plans - Community bodies are able to prepare local place plans. Where a community has an aspiration for improved telecommunications and digital connectivity and the infrastructure that goes with it, this could be set out in a local place plan.
• Consultation on planning applications - When contacted by the planning authority, statutory consultees and development site neighbours should ensure they engage, as relevant, in the planning process and submit their comments within the given timeframe.