A proposed new 15m monopole in March 2023 (planning ref B/23/0087) - Find a freedom of information request

Boston Borough Council received an application for a proposed new 15m monopole in March 2023 (planning ref B/23/0087), the exact address given is: Opposite Wrangle Primary School, Main Road, Wrangle, Boston, PE22 9AS. In a similar application (ref: B/23/0050) it was noted by the planning officer that 'separate consent would be required from [LCC] with regards to the siting of the proposed equipment on highway grounds'.

1) As the monopole in Wrangle will be sited on an 'adopted highway', will this too be subject to 'separate consent' by Lincolnshire County Council (LCC)?

2.) Has LCC already been asked for and given its consent for this development?

LCC is no doubt aware that the proposed site is opposite Wrangle Primary School, a school maintained by LCC.

3) Does LCC recognise that approving this development may present legal liabilities for the Council, as landowner, employer, local education authority and as a Council?

4a) Has LCC considered its Public Service Equality duty in respect of this development?

4b) If so, how will it ensure that those with disabilities and other protected characteristics are not disadvantaged by this development?

Residents, parents and school staff have all raised concerns about inadequate consultation during the planning process.

5) Will LCC hold a consultation with the school, parents and local residents before allowing this development to go forward on land under its control?
 

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you.

1) Schedule 2, Part 16, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 outlines masts up to 30m in height as permitted development and therefore planning permission is not required from the relevant Planning Authority.

A statutory utility company with a Street Works Act Code, such as Hutchison 3G Ltd, has a legal right to install apparatus within the highway under S.48 of the New Roads and Street Works Act 1991. LCC, as Highway Authority, cannot unreasonably prevent a statutory utility company from undertaking its requirements, however, can review a permit application in respect of highway safety matters.

2) LCC reviewed and granted permit requests from Hutchison 3G Ltd for "pole root/cabinets and associated ducting in footway for new 5G telecoms build", for 31st July to 2nd August 2023. These works were cancelled by Hutchinson 3G Ltd following a permit refusal by LCC for inappropriate working hours.

A permit (ELI24259-WHP3UK-SL) was reviewed and granted for “excavation for pole root/cabinets and associated ducting in footway for new 5G” with dates 4th Sept to 6th Sept 2023. A permit (ELI24259-WHP3UK-EJ) to "Install new telecoms pole & cab. Rigging, integration and testing within existing telecoms site." with dates for 25-29th September was cancelled by Hutchison 3G Ltd on 4 August 2023.

3) A statutory utility company with a Street Works Act Code, such as Hutchison 3G Ltd, has a legal right to install apparatus within the highway under S.48 of the New Roads and Street Works Act 1991. LCC, as Highway Authority, cannot unreasonably prevent a statutory utility company from undertaking its requirements, however, can review a permit application in respect of highway safety matters. The proposed location is at the rear of a wide area of footway and is not considered to pose a highway safety concern.

4) LCC has considered the legal rights of a statutory utility company within the New Roads and Street Works Act 1991 and within that considered highway safety factors for this proposed location.

5) National planning legislation allows for the installation of masts as ‘permitted development’ throughout the country, therefore planning permission is not required and installations can be undertaken via the New Roads and Street Works Act 1991.

LCC is not the apparatus owner or the installer of this apparatus and has no powers to prevent the installation of masts as permission for their installation has already been granted in advance by the government’s national legislation. LCC, as Highway Authority, can only intervene if the mast causes an obstruction or highway safety issue, which should not be the case if the telecoms operators follow national guidance for their installation. LCC does not have power to seek removal on visual/aesthetic impact grounds.

LCC request all telecoms providers to follow national guidance and place notices on site at least 28 days prior to installations to ensure members of the public are notified. LCC cannot carry out consultations for installations undertaken by third parties. Objections can be registered with the installer within 12 months of the installation. A notice placed on the mast will provide the contact details for the objection.