Forum Topic

5G Mast in Conservation Area - Planning Consultant?

Please can anyone recommend a local planning consultant - preferably one offering a free initial consultation?  We're a group of local residents trying to oppose a monster 18m 5G mast being built in a Conservation Area community garden on Beaconsfield Road, W4 - any recommendations (or volunteers :-) gratefully received - huge thanks.

Jen Thorndycraft ● 113d21 Comments

Given the site in question and the size and height of this mask id say as a non expert that the chances of having this stopped is pretty much zero.

Julian Pavey ● 112d

"They should put them in the middle of roads.."Or they could erect them over cycle lanes, with a gap in the middle for cyclists to pass through.

Richard Greenhough ● 112d

But it’s an aerial not a block of flats. Perhaps there’s room for both?

Mark Talbot ● 113d

They should put them in the middle of roads and kill two birds with one stone. 5G reception and LTNs. Everyone is a winner

Paul Campbell ● 113d

I think it's for the operator to determine a more appropriate site.  There are plenty of areas around which aren't actively managed community gardens.  One of the reasons planning was previously refused was because the operator failed to justify why more appropriate sites had been overlooked.  Makes sense to me that we protect precious green spaces in heavily developed cities.

Jen Thorndycraft ● 113d

Hi Vanessa - can you tell me the source of this please?  It's interesting - but I can't locate the full document.  Many thanks - Jen

Jen Thorndycraft ● 113d

One is obviously required in the vicinity as reception in the area is poor so where do you suggest it is erected instead? Seems a pretty sensible place to me and surely will leave a load of space still for the community garden or are you saying the whole grassed area is being fenced off for this?

Mark Talbot ● 113d

Thanks Anna.

Jen Thorndycraft ● 113d

Contact  5ginmerton.com    They have had alot of success in stopping masts. They will advise you for free.

Anna Kirkpatrick ● 113d

Thanks Vanessa - it is - it mostly confirms I need a planning consultant :-) It might be me, but I really struggle to make sense of all the clauses / sub clauses etc and I end up falling down a hole and no better off in my understanding.  Thanks though - I appreciate your help.

Jen Thorndycraft ● 113d

Thanks.

Jen Thorndycraft ● 113d

If it's Ealing the precedent is already well set with masts in, inter alia, Hanger Hill Ealing Common and Ealing Cricket Club CAs.

N V Brooks ● 113d

Not sure if this is of help.4.0 PRIOR APPROVAL AND PLANNING PERMISSION4.1 Permitted Development RightsAll development requires planning permission except those which are; very minor (‘deminimis’); are specifically excluded from the definition of development by the Townand Country Planning Act 1990; have been granted a general planning permissionthrough the Town and Country Planning (General Permitted Development) (amended)Order 1995 (GPDO) which effectively grants permission for a range of operations (i.e.‘permitted development’).4.2 Part 24 of Schedule 2 details the permitted development rights of telecommunicationoperators. This was revised in 2001. A Summary is included in Appendix 2.4.3 The Town and Country (General Permitted Development) (Amendment) (England)Order 2001 sets out the permitted development rights for telecommunications codesystem operators (Now known as the Electronic Communications Code Operators),including masts and other apparatus.4.4 Some types of development authorised by Part 24 are subject to the ‘prior approvalsprocedure’ as set out in A.2 (4) of Part 24 of the GPDO. The prior approvalsprocedure applies to the construction, installation, alteration or replacement of anydevelopment permitted by Part 24 in a conservation area and some largertelecommunications development still falling within Part 24.4.5 Where the operator considers that a proposal is permitted development under Part 24Class A.3 the operator must apply for a determination to the Council as to whetherapproval of the siting and design of the development is necessary. Under the ‘PriorApproval’ procedure, the local planning authority has the opportunity to decide within56 days whether they wish to approve details of the siting and appearance of aproposal. The authority is able to refuse approval where they consider that thedevelopment will pose a serious threat to amenity.4.6 If the proposed development falls within Part 24 but is not subject to prior approvalthen the development has permitted development rights.4.7 Where it is considered that the exercise of a permitted development right may have aserious impact on local amenity, the Council may consider the imposition of an Article4 direction withdrawing permitted development rights. This can only be applied whereit can be demonstrated that a development would pose a real and specific threat to alocality and would first require the approval of the Secretary of State.

Vanessa Smith ● 113d

Yes - Ealing Council.

Jen Thorndycraft ● 113d

We're Ealing Council, and yes, I'm hoping a good consultant might be easily able to say "nothing to see here" - or help us determine whether it's worth trying to source funding.

Jen Thorndycraft ● 113d

Thanks Vanessa - it's digging down in to this that I need help with ie. under what circumstances is prior approval required and at what point does resident consultation become a requirement.  You can fall down a massive hole trying to work this out......

Jen Thorndycraft ● 113d

Presumably as it's a Community garden the land is owned by the council?

Andrew Jones ● 113d

Telecommunications masts up to 30 metres in height (25 metres in conservation areas) fall within permitted development. Telecommunications companies often apply to the Council under a 'prior approval' condition attached to their permitted development allowances.

Vanessa Smith ● 113d

I think that the precedent has already been set elsewhere in Hounslow. The first check that any consultant needs to make, and to reduce your exposure to costs (they can be jolly expensive) is to check this.

N V Brooks ● 113d

I think you’re right, and we do need them, but this one sets a worrying precedent for public open spaces and community gardens, particularly in Conservation Areas - so I think we’d kick ourselves if we didn’t try.

Jen Thorndycraft ● 113d

As far as I can see it is very difficult to oppose masts. Best of luck though.

Nicholas Beard ● 113d