Planning Bill

I thank the hon. Gentleman for his constructive approach. New clauses 3 and 4 deal with health and permitted development rights in connection with telecommunications. Our policy on health in relation to telecommunications is clear: the planning system is not the place for determining health safeguards. That view is clearly stated in planning policy guidance note 8 on telecommunications, and supported by the National Radiological Protection Board. All telecommunications masts should comply with the international guidelines on radiation set by the International Commission on Non-Ionizing Radiation Protection. We believe that those guidelines provide the necessary level of protection for the public, and that submission of a ““precautionary principle”” or ““beam of greatest intensity”” statement is not necessary. New clause 4 would revoke a range of permitted development rights relating to telecommunications masts and associated equipment. We believe that our planning policy in that regard strikes a balance between allowing local residents to have their say in development proposals and ensuring that our telecommunications network remains fit for purpose. We are currently reviewing the permitted development rights relating to electronic communications code operators, and if we decide that change is needed we will consult publicly on any options. New clause 4 would circumvent any public consultation and full consideration of an important planning issue. New Clause 36, tabled by the hon. Members for North Cornwall (Dan Rogerson) and for Carshalton and Wallington (Tom Brake), would remove ground (a), one of the seven grounds for making an appeal against an enforcement notice. I understand that the hon. Members' concern is focused on those who carry out development in breach of the conditions of a planning permission and appeal on ground (a) when subsequently served with an enforcement notice. If a breach of condition is the sole reason for taking enforcement action, the local planning authority can serve a breach of condition notice against which there can be no appeal. If the breach is not remedied within the specified period, the developer has committed an offence and is liable to prosecution. I therefore believe that local planning authorities have sufficient powers to deal with this issue, and that the removal of ground (a) would cause unnecessary administrative difficulties for the parties concerned. I hope I have reassured the hon. Members that the current system is the most efficient way of dealing with the issue. Moving on to the development of plant or machinery by railway undertakers, new clause 38 would remove permitted development rights for statutory undertakers to undertake essential maintenance and development work without first obtaining planning permission. Permitted development rights for statutory undertakers are well established and rightly allow a large number of routine but essential works to proceed without the need for planning permission. It would not be right to restrict these rights generally, but there may be problems in specific cases. Statutory undertakers should publicise any plans for permitted development if they consider that it might affect amenity or environment. That would give an opportunity for the local planning authority to consider whether to make an article 4 direction requiring the statutory undertaker to apply for planning permission. I believe that these arrangements generally work well. If the hon. Member for North Cornwall has evidence that that is not the case, I will be happy to discuss it further, but at present I think we should retain the current position.