New Rules and Taller Masts to Boost 5G Mobile in Rural England

The Government has today confirmed their intention to introduce a series of changes to Permitted Development (PD) rights for mobile infrastructure, which aims to help extend 5G and 4G (mobile broadband) coverage in rural areas of England via key changes (e.g. allowing taller masts of up to 30 metres).

At present all of the major Mobile Network Operators (MNO) – Three UK, Vodafone, O2 (VMO2) and EE (BT) – are in the process of deploying gigabit-capable 5G networks across the country. In addition, the £1bn industry led Shared Rural Network project (inc. £500m of public investment) is also working to extend geographic 4G coverage to 95% of the UK by the end of 2025, which may aid future 5G coverage.

However, in order to ensure that all of this is successful, the Government will first need to tackle some well-known problem areas, which have tended to make it difficult for operators to expand mobile coverage in a cost-effective way. The broad goal of this effort is to make it easier for operators to upgrade existing masts and to build taller masts, as well as related infrastructure, which means expanding PD.

The government has today, following a consultation that started last April 2021 (here), confirmed what amendments it is willing to make to the Town and Country Planning (General Permitted Development) (England) Order 2015 act in order to facilitate all this.

Long story short. The changes will allow for taller masts (up to 30 metres), make it easier to install new masts, improve mobile coverage near roads, make it easier for operators to share infrastructure and to upgrade existing sites with newer mobile technologies (without prior approval being required). But some protections will exist to prevent problems (e.g. going to 30 metres will still require prior approval).

Summary of the Planned Changes

Enabling deployment of radio equipment housing

• To support the upgrading of sites and improve mobile connectivity in rural areas, we will enable small radio equipment cabinets to be installed on Article 2(3) land [protected areas, such as AONBs] without prior approval – bringing regulations in line with those for unprotected areas. Cabinets over 2.5 cubic metres will still be subject to prior approval.
• To further support site sharing and coverage in rural areas, we will also make it easier to deploy equipment cabinets within compounds, while ensuring that visual impacts are mitigated.
• We will be introducing conditions into regulations to ensure that the impacts of development are minimised, as well as strengthening guidance on the siting of development through the new Code of Practice.

Strengthening existing ground-based masts

• To enable the upgrading of sites to support 5G deployment and increase network capacity, we will enable increases to width of existing masts without prior approval. We will enable width increases of two-thirds for existing narrower masts (those that are currently under a metre in width) and increases of one-half or two metres (whichever is greatest) for existing wider masts (those that are currently more than one metre in width). Greater increases beyond these limits would be subject to prior approval and planning conditions that require operators to minimise impacts will be introduced.
• To further support site sharing and extend mobile coverage, we will also enable existing masts outside of Article 2(3) land to be increased to a height of 25 metres without the need for prior approval. Greater increases (up to 30 metres) would be subject to prior approval. We will not be amending the current provisions that allow increases to heights of existing masts on Article 2(3) land without prior approval (increases up to 20 metres are currently permitted), but we will enable limited height increases in these areas subject to prior approval (up to 25 metres). New planning conditions will ensure that Code Operators minimise the visual impact of infrastructure, especially on Article 2(3) land.

Building-based masts

• To incentivise the use of buildings and existing structures, and help mitigate the impact of new development, we will enable the deployment of building-based masts in closer proximity to highways, subject to prior approval. We will also permit smaller masts (up to 6 metres in height above the tallest part of the building) to be installed on buildings without the need for prior approval.
• These changes will only apply on unprotected land. Furthermore, the existing conditions which limit the height of masts, and require visual impacts to be minimised on buildings, will continue to apply.

New ground-based masts

• To facilitate site sharing and provide greater coverage and capacity, especially in rural areas, we will enable the deployment of taller new ground-based masts – up to 25 metres in height on Article 2(3) land or land on a highway, and up to 30 metres on unprotected land.
• All new masts will still require the prior approval of the local planning authority, which will assess the proposed siting and appearance of the mast. Masts that exceed these heights will require full planning permission. The new Code of Practice will also provide detailed guidance on how operators could engage and consult with local communities on new development proposals to ensure that their views are considered.
• The government will not be taking forward the proposal to permit the deployment of monopole masts without the requirement for prior approval on unprotected land at this time.

Other changes

• To ensure that any impacts on safeguarded assets can be considered by the relevant parties through the planning system, we will make changes to the procedure for notifying aerodromes, technical sites and defence assets.
• We will also update the definition of ‘small cell system’ to make sure that this encompasses new and emerging types of small cell technology.
• As noted above, we recognise that concerns were raised about mitigating the visual impacts and protecting local amenity. To address these concerns, we will introduce new planning conditions that require Code Operators to minimise the visual impact of new network development, particularly on Article 2(3) land, and to minimise impacts on the accessibility of footways and access to properties.

The government said they intend to bring forward these changes via secondary legislation “as soon as parliamentary time allows.” A new Code of Practice for Wireless Network Development in England has also been published today to provide operators and councils with guidance to ensure that the impact of mobile infrastructure is minimised and that appropriate engagement takes place with local communities.

Julia Lopez, UK Digital Infrastructure Minister, said:

“We’ve all felt the frustration of having the ‘no bar blues’ when struggling to get a phone signal, so we’re changing the law to wipe out mobile ‘not spots’ and dial up the roll out of next-generation 5G.

Phone users across the country will benefit – whether they are in a city, village or on the road – and tighter rules on the visual impact of new infrastructure will ensure our cherished countryside is protected.”

Hamish MacLeod, Chief Executive of Mobile UK, said:

“Building the mobile networks that provide the connectivity on which we all rely is both complex and challenging. The industry welcomes the reforms to planning regulations proposed by the Government. They will enable operators to deploy mobile networks more efficiently to meet ambitious targets for rural and urban coverage, including next-generation 5G.”

At present 25 metres is the existing legal limit in England for mobile masts / towers (the average height is currently around 15m), but outside urban areas operators would also like to build taller masts because this is one way to significantly boost coverage, while keeping costs down. Around the EU a lot of countries have a 50m limit. The rules in England also seem increasingly redundant in today’s era of towering wind turbines.

The Government have not opted to go as high as 50 metres, although going up to 30m is still going to deliver a boost, even if that is much more modest. According to Ofcom (here), increasing a mast’s height from 15m to 20m can boost the coverage it provides by 10%, while going from 20m to 25m can increase that by a further 19%. But this does depend upon other factors too, such as signal power and the choice of band.

Now, before the usual mobile health fears start, it’s worth pointing out that taller masts actually put the radio equipment even further away from people on the ground (i.e. they’re safer). Likewise, having taller masts means that you need fewer small masts, which is another bonus on this front and may soften the cosmetic impact in some areas, while also saving the operators’ money. On the other hand, we don’t yet know how many smaller masts may be removed as a result of today’s change.

The changes will of course also make it harder for people to object to the deployment of new masts and related upgrade work to existing sites, in certain circumstances. Local councils will thus have a tricky time trying to balance these changes with pressure from their constituents. Not everybody likes having new telecoms infrastructure built near their property, and objections to related planning applications are common.

Suffice to say, we suspect that the new legislation and code will not resolve all of the disputes that currently exist, but it does look likely to help. However, it will first need to pass through parliament, where there will no doubt be quite a few MPs and Lords with strongly opposing views.