Do Mobile Phone Masts Need Planning Permission in the UK?: A Complete Guide for Property Owners and Landlords: The UK’s digital network is advancing at an unprecedented rate. Mobile broadband connectivity is now an integral component of business, healthcare, education, and day-to-day interactions. As demand for reliable and faster mobile services continues to increase, telecoms operators are expanding their networks across the country.
Property owners choosing a location for mobile phone masts or who have been approached by an operator about mobile phone mast installations can anticipate earning a regular stream of income because these installations usually require long-term commitments between landlord/property owner and operator. However recent changes introduced by the Electronic Communications Code (ECC), which forms part of the Communications Act 2003 mean that payments will now be substantially reduced.
As well as providing an opportunity for a continued revenue stream, installation of mobile phone masts presents property owners with additional considerations regarding planning, legal obligations and property management. One of the most frequently asked questions among property owners regarding the installation of mobile phone masts is:
Do mobile phone masts need planning permission in the UK?
For the question: “Do mobile phone masts need planning permission in the UK?”, the answer to the above question is not always clear-cut. In many circumstances planning permission will be required to install mobile phone masts. However, in some situations, installation can proceed under Permitted Development Rights, depending on strict conditions and the approval of local authorities.
This guide outlines the applicable planning rules for 5G masts and the steps necessary to obtain planning approval and other property rights as well as provides insight into how to protect your long-term interest while making well-informed decisions regarding mobile phone mast installations.
Why Are Mobile Phone Masts Becoming More Prevalent in the UK?
To understand the planning requirements for the installation of mobile phone masts, it is important to first understand why mobile phone masts are becoming more common in both urban and rural areas. In order to fully appreciate the increased use of mobile telephone masts both in urban and rural environments, we must first look at some of the drivers behind the increased proliferation of these structures.
- Increasing Demand For Mobile Data
A significant increase in mobile data usage has occurred over the last few years due to the increased use of video streaming, remote working, and use of cloud-based applications by individuals using smart devices, which all place more demands on existing network capacity than was previously anticipated.
- The rollout of 5G and future technologies
In addition to this increase in mobile data consumption, the introduction of 5G technology, as well as other possible technologies in the future, has also created a need for more mobile telecommunication masts, as 5G is expected to require a much higher density of sites on which the equipment can be installed closer together than 3G and 4G networks.
- Government policy on Connectivity
Government policy on digital connectivity has played an important role in promoting the installation of mobile telephone masts throughout the UK in order to address the issue of mobile telephone “not-spots” and to support the development of the economy.
Although current planning policies do not eliminate the need for adherence to planning regulations or for obtaining the consent of a landowner before erecting a new mast, they do promote greater collaborative working between local authorities to achieve the objective of providing better digital connectivity across the UK to eliminate mobile telephone not-spots and to enable the continued growth of the economy.
Do Mobile Phone Masts Require Planning Permission?
Most mobile phone base stations will require either Planning Permission or Prior Notification to the Local Planning Authority. Under UK planning legislation mobile phone base stations are classified as “Electronic Communication Apparatus”. A full planning application may not be needed depending on various factors, such as:
- The height of the base station.
- If the base station is roof mounted or ground based.
- The location of the site.
- The type of equipment you are proposing.
- Visual and environmental impact.
When Planning Permission May be Required?
1. If the height limit is exceeded
The height of the mobile phone base station is one of the main factors determining whether planning permission is required. In non-designated areas, ground-based mobile phone base stations over 25 metres generally require full Planning Permission. In designated or sensitive areas, a much lower height limit applies. Roof-mounted mobile phone base stations may exceed the maximum permitted height when they are added to the height of the building to which they are fixed.
2. If the Site is Located in a Protected/Sensitive Area
In most cases, the installation of Telecommunications Equipment in or within close proximity to:
- Conservation Areas.
- National Parks.
- Areas of Outstanding Natural Beauty (AONB).
- World Heritage Sites.
- Sites of Special Scientific Interest (SSSI).
Always require Planning Permission as Local Planning Authorities impose stricter regulations on these areas to protect landscape character, heritage, and environmental value.
3. Significant impact on visual appearance
Even smaller telecom installations may still require planning permission. Examples of this include:
- Installations that alter a property’s existing silhouette or roofline
- Installations with clear visual prominence from public viewing locations
- The installations that impact on Listed Buildings or other Heritage Assets.
Rooftop antennas, antenna shrouds and equipment cabinets are typical examples of structures that would likely fall into this category.
4. Ground-based compounds and associated development
Full Planning Permission will increase due to the scale and permanence of the proposed development.
When Planning Permission May Not Be Required?
Some types of telecoms installations are entitled to be considered as Permitted Development (PD) and therefore full planning permission will not be required. However, this does not preclude the telecom operator from complying with all statutory requirements or other Government guidelines applicable to new installations of this nature.
Typical PD examples would include:
- Smaller masts that meet the maximum permitted height limit
- New 5G poles to be installed on existing streets
- Upgrades to existing telecom installations
- New ancillary equipment that does not materially alter the look and feel of the property.
All of these developments will however still require submission to the Local Planning Authority for prior approval before any works can commence.
The question arises, what is a prior approval? Prior approval is a simplified process whereby the local authority will assess the technical aspects of the proposal and where the appropriate statutory requirements for Planning Permission will result in the Local Authority making its decision and approving or refusing permission to proceed.
Local Planning Authorities typically assess:
- Siting and Location
- Design and Appearance
- Height and Scale
- Impacts on neighbouring properties and local amenity.
Councils may approve, refuse, or request amendments. If prior approval is refused, the installation cannot proceed unless the proposal is revised or submitted as a full planning application.
Planning Permission and Property Rights Are Separate
An essential element for property owners is that obtaining planning consent does not automatically give a telecoms provider permission to occupy or use their land. Even if planning consent has been obtained or prior approval has been received, the provider must still obtain consent from the property owner (called the Landlord) via a legal agreement. These types of agreements are subject to the Electronic Communications Code. What is “The Electronic Communications Code”?
The Electronic Communications Code gives telecom providers statutory rights to place, service and improve their equipment on private property. Once granted, these statutory rights are strong and difficult to cancel or modify.
What are the main points that Property Owners should consider before agreeing to a mast?
The main considerations are:
1) Future development impact
The quality of the drafting of the agreement may negatively impact on the ability to extend, undertake rooftop and/or development works.
2). Correct rent valuation
Telecommunication is different from standard commercial renters and therefore interest in this area requires specialist expertise.
3) Future Technology Upgrades
All telecom agreements should cater for potential future developments such as 5G technology upgrades, sharing of equipment, and other future technology developments.
4) Removal and Reinstatement
Clear provisions should also cover how equipment will be removed, compensated for, and reinstated once the term of the telecom agreement expires.
Avoidable and common mistakes made by property owners include:
1. Signing Heads of Terms without properly seeking professional advice.
2. Accepting rent levels that are well below market value.
3. Granting broad access rights that are unnecessary.
4. Not understanding the implications of the Electronic Communications Code.
5. Not ensuring that redevelopment rights are protected.
6. Assuming that planning consent is the only required stage of the development process.
Many telecom agreements last for decades and so early errors can be very difficult; and more importantly, costly to rectify.
How Arc Partners helps Property Owners
Telecommunications Agreements are highly technical and mostly weighted in favour of providers. Property Owners who don’t have access to good advice may undervalue their sites or limit future development potential.
Arc Partners offers specialist advice to landlords, freeholders and property owners on all aspects of telecommunications. As RICS-accredited chartered surveyors based in the UK, we offer impartial and clear advice to our clients at every stage of the process.
Final Thoughts
The telecommunications equipment owner can benefit financially from the use of property to host their telecoms equipment by enabling the users of mobile telephone services greater connectivity. However, the issues of planning permission, Code of Practice and valuation complexities require the property owner to be very careful when proceeding with this matter.
An experienced professional can help identify the opportunities within the telecoms installations, and ensure that the property owner is fully informed, protected, and confident throughout the entire process.
Frequently Asked Questions: Do Mobile Phone Masts Need Planning Permission in the UK:
Question 1. Are there instances when mobile phone masts do not require planning permission?
Answer. Not under all circumstances. There are certain instances when a number of smaller installations fall under “Permitted Development Rights”, which do not require the normal planning application process for full planning permission. However, the majority still require the prior approval process, and the larger and/or most visually intrusive masts will almost always need full planning consent before proceeding with installation.
Question 2. What is the difference between prior approval and full planning permission?
Answer. Prior approval is a simpler version of the full planning process and provides a more efficient means of assessing locations for new telecom applications. Under the prior approval process the Local Authority will consider the siting, appearance and height of the new installation. Prior approval is still a legally binding requirement, therefore concerns can still be refused.
Question 3. If there is no consent from the property owner, can the telecoms operator install a mast on their land?
Answer. No. The granting of planning approval does not negate any property rights. The telecoms operator must obtain the property owner’s consent to install their telecoms equipment via a legal agreement. If negotiations fail, and the operator has obtained planning approval, the operator may seek a court order to obtain access to the property rights under the terms of the Electronic Communications Code.
Question 4. Will having a mobile phone mast on my property impact the value of my home?
Answer. A mobile phone mast can either negatively or positively affect the value of your home. On the positive side, you may receive rental payments for the use of your property, increasing your property’s value. However, some poorly written lease agreements can prevent redevelopment options in the future. If you work with a solicitor to create your lease agreement, this will allow you to create an arrangement that supports the long-term value of your property.
Question 5. What is the length of term for a typical telecom lease agreement?
Answer. Most telecom lease agreements are written for 10 to 15 years, but many include provisions for renewal from the Electronic Communications Code. As a result, it is essential to negotiate strong and protective lease terms before the commencement of the lease.
Question 6. Do I need to seek legal advice before signing a telecom lease?
Answer. Yes, all telecom lease agreements involve several complex planning, legal, and valuation issues related to your property. In addition, the telecom operator’s proposal for the lease does not consider the landowner’s best interests. A successful agreement will include a fair rent, controlled rights regarding the lease, and protect the future value of your property.
Question 7. How can Arc Partners assist me as a property owner or landlord?
Answer. Arc Partners has the expertise to offer property owners and landlords a full range of telecom consulting, valuation, and negotiation services. As an RICS-regulated firm, we are able to offer property owners assistance throughout the planning process, advise landowners on how to protect their rights under the Code, and negotiate a lease that meets the needs of both parties.