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English Planning Policy and Practice - Listed Buildings and Conservation Areas

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English Planning Policy and Practice
Development Plans
National Planning Policy in England
Types of Application
Making Decisions
Material Considerations
Areas subject to particular designation
Listed Buildings and Conservation Areas
Minimum Distances and Moratoria
Human Rights Act
European Union Law
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Listed Buildings and Conservation Areas 

A proposal to carry out telecommunications development which affects a listed building or its setting will be subject to the normal statutory procedures, in that Listed Building consent will be required. No exceptions have been made to the requirement to obtain such consent under Sections 7, 8 and 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the LB Act) before executing works affecting a listed building. Hence, under sections 66 and 67 of the LB Act, the local planning authority when considering whether to grant planning permission for development which affects a listed building or its setting, are required to have "special regard" to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) - HMSO website

Similarly for Conservation Areas, any proposal will have to be considered in accordance with the tests under sections 72 and 73 of the LB Act. These tests require that, in exercising any of their powers under the LB Act with respect to any buildings or other land in a conservation area, the local planning authority must pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

Further, it will constitute a material consideration in determining whether planning permission should be granted or refused.

The policy approach to developments affecting what are described as "designated Heritage assets" is now comprised in the NPPF section 12 (which, in addition, include any World Heritage Site, Scheduled Monument, Protected Wreck Site, Registered Park and Garden or Registered Battlefield). The specific policy approach will vary depending upon a number of factors including the degree of perceived harm (if any) and the status of the asset.


Ten Commitments

Central to the operators’ approach to network development is consultation with local communities, planning officers and other stakeholders on any proposed new developments. Pre-application consultation is included in the operators’ ‘Ten Commitments to Best Siting Practice’, which has existed since 2001 to help address concerns relating to the development of base stations, and which is now contained in planning guidance throughout the UK.

Sharing Sites

Mobile phone users in the UK increasingly want better coverage and greater capacity so they can access more services on their phones. While this means that new base stations will still be needed, network operators seek to share sites wherever possible. Site sharing helps reduce energy consumption and the overall environmental footprint of networks, as well as improving the quality of coverage.