Planning rules for 5G masts (England)

This page explains when a mobile mast requires planning permission from the local planning authority and the consultation requirements for planning applications. Planning is a devolved matter and the briefing only describes the situation in England.

When does the installation of a mobile mast require planning permission?

The installation of a mobile mast would normally count as ‘development’ and therefore require planning permission from the local planning authority (LPA). However, telecoms companies have certain ‘permitted development’ rights. These are rights to carry out specified types of development without full planning permission. Permitted development rights are a general planning permission granted by Parliament.

Permitted development rights for telecoms infrastructure are set out in Part 16 of Schedule 2 to the General Permitted Development Order 2015, as amended (GPDO).

Whether a mobile mast is covered by permitted development rights depends on factors such as its size, location, and whether it is on a new or existing site. For example:

• Ground-based masts up to 30 metres in height (or 25 metres in protected areas such as conservation areas) are permitted development.
• Building-based masts are permitted development if either:
  • The mast is no more than 15 metres tall if installed on a building over 30 metres in height, or 10 metres tall on smaller buildings
  • The mast would not exceed the highest part of the building by 10 metres if installed on a building over 30 metres in height, by 8 metres on a building between 15 and 30 metres, or by 6 metres on smaller buildings.

Full planning permission

Masts not covered by permitted development rights will need planning permission from the LPA.

LPAs must determine planning applications in line with local and national policies, unless material considerations indicate otherwise. National policies are set out in the government’s National Planning Policy Framework (NPPF).

Chapter 9 of the NPPF says LPAs must, when deciding an application, give “substantial weight” to the benefits of mobile connectivity. LPAs cannot question the need for better connectivity, prevent competition between mobile network providers, or set their own health safeguards (see below).

The NPPF says telecoms companies should use existing sites rather than new ones, if possible. Applicants should supply evidence that they have sought to keep the number of sites to a minimum.

Permitted development with prior approval

Certain types of development that are covered by permitted development rights require ‘prior approval’ from the LPA. Prior approval is a slimmed-down version of the planning process whereby the LPA can assess whether the proposal meets the conditions specified in in the GPDO.

Most mobile masts need prior approval (GPDO, Pt 16, A.2(3)). The main exceptions are building-based masts that exceed the height of the building by less than 6 metres, and replacement masts that are not substantially larger than the existing mast.

For mobile masts, the main condition LPAs will consider is whether the siting and appearance of the mast is such that its visual impact is minimised, so far as practical (GPDO, Pt 16, A.3). Factors the LPA might consider include the mast’s height in relation to the surrounding land and buildings, and the materials, design and colours used.

The government’s code of practice on wireless network deployment provides guidance on the siting and appearance of telecoms infrastructure.

Issues unrelated to siting and appearance cannot be taken into account and are not valid grounds for rejecting the application.

Permitted development with the requirement to notify

Some permitted development does not require any consent from the LPA. This includes minor upgrades to existing masts and new building-based masts up to six metres.

Mobile companies are still required to notify the LPA if they intend to install infrastructure in areas where they have not previously done so. The notice period is 28 days. LPAs can set conditions for the development, but companies do not have to comply if they believe the conditions are unreasonable.

Public health rules

The NPPF says proposals for mobile masts should “not result in cumulative exposure to non-ionising radiation exceeding International Commission guidelines”. Applicants must submit evidence certifying that this is the case.

The guidelines referred to are the guidelines on safe levels of exposure to electromagnetic field radiation published by the International Commission on Non-Ionizing Radiation Protection (ICNIRP). The UK Health Security Agency, which is responsible for public health protection in the UK, recommends that ICNIRP’s guidance should be followed.

The NPPF says LPAs are not allowed to use different health safeguarding standards when determining mobile mast planning applications. They also cannot require minimum distances between a mast and other developments (such as homes or schools).

Mobile network providers have a legal obligation to comply with the ICNIRP guidelines under rules set by Ofcom, the telecoms regulator. Ofcom tests mobile mast sites across the UK. It has consistently found that emissions from mobile masts are fractions of the permitted level.

Consultation with local residents

LPAs are required to consult on planning applications and prior approval applications. Both types of applications must be publicised to local residents through site notices or letters. Planning applications must also be published on the LPA’s website.

When making its decision, the LPA must take responses to its consultation into account insofar as they are relevant to an application. For example, for a prior approval application, the LPA’s decision will be based on the siting and appearance of a mast only, so responses should focus on those aspects.

The NPPF says mobile companies should, alongside their planning application, include information about pre-submission consultation with “organisations with an interest in the proposed development” such as schools.

The government’s code of practice on wireless network deployment includes advice about consultation with the public and other stakeholders.

Land access

As discussed in the Library briefing, Building broadband and mobile infrastructure, mobile companies need the relevant landowner’s permission to build a mast on private property. The permission will typically be granted in a private legal agreement between the two parties. They are not required to consult third parties about this.

Land ownership is separate from the planning system. From a planning perspective it does not matter whether the applicant has a right to develop the land at the time of the application.

Further reading

Commons Library, Building broadband and mobile infrastructure

Commons Library, 5G in the UK

Commons Library, Planning in England: Permitted development and change of use