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ITEM EX13

EXECUTIVE – 2 APRIL 2003

COMMUNICATIONS MAST, BURFORD SCHOOL

Report by the Assistant Director of Environmental Services (Property)

Introduction

  1. The former Operations Sub-Committee on 7 October 1999 adopted a policy of not permitting radio/telecommunications masts on Council property within a 200 metre radius of schools or school boundaries. This policy was amended at the former Operations Sub-Committee on 30 March 2000 to exempt Fire Service properties from this policy providing certain safety criteria are met. As explained below 02 Airwave have erected a mast as shown on the attached plan on Oxfordshire County Council land without the Council’s agreement. This mast contravenes Council policy on the siting of masts.

    2. Background

  2. 02 Airwave’s objective is to provide a nationwide telecommunications system for the emergency services such as fire, ambulance and police. The mast which has been constructed on the County Council’s land at Burford is designed as part of this network; it is not a full commercial operation, and initially will serve the Thames Valley Police Authority only. Members will be aware that there is an existing Fire Station in Burford and if Airwave’s bid to the Home Office (to provide an emergency service network) is successful then this may be used by the Fire Service.

  3. 02 Airwave applied to West Oxfordshire District Council for planning permission to construct a mast on privately owned land at Tanners Lane Burford. The applicants understood that the entire field including the access strip was in a single private ownership. However the access strip is owned by the County Council as part of the Burford School Farm. The District Council suggested that a better location for the mast would be a few metres further north, in the corner of the field adjacent to the reservoir bank. This would reduce the mast’s impact on the Area of Outstanding Natural Beauty (AONB). The revised location is on County Council land and blocks the only access to the County Council’s field. The County Council was not notified or consulted due to the misunderstanding over land ownership. Planning consent for the mast was granted on 8 October 2002. The mistake was not discovered until January 2003 when 02 Airwave were in the final stages of completing the mast’s construction.

  4. Discussions were opened with 02 Airwave. There are 3 possible courses of action bearing in mind that there is a strong possibility that the mast may form part of the communications network to be used by the Fire Service later in the year.

    1. Relocate the mast to the original site. This would require a new planning permission (which is unlikely to be granted bearing in mind the District Council’s previous comments), and would cost 02 Airwave an estimated £70/100k. This would delay the provision of police mobile phone coverage of the Burford area. However it would restore the Council’s land and access but a mast would remain within close proximity to a school.

    2. Retain the mast on the insistence of 02 Airwave through forcing them to use their statutory powers under the Telecommunications Act 1984. This course could involve the County Council in litigation with an uncertain outcome. It is not certain that the Telecommunications Code can be used retrospectively: the decision could be in the hands of the courts.

    3. Retain the mast, subject to:-

      1. the Executive agreeing to waive the existing County Policy on telecommunications masts (see para 5);

      2. the Burford School Governors’ observations on the mast’s location (see para 6);

      3. terms being negotiated with 02 Airwave for a lease of Council property and for a new access to be provided for the Council (see para 7).

  5. The Council’s health and safety adviser has examined the safety issues. The beam of greatest intensity is directed away from Burford School so that the mast does not pose any specific safety issues. Emission levels from the mast, including the beam of greatest intensity, will be many times below the levels that have now been adopted as a national standard. 02 Airwave have also offered to carry out monitoring on the school site to confirm the emission levels. Resiting the mast on to the originally proposed site would bring the mast marginally nearer the school but would not alter the safety factor.

  6. The Burford School and School Governors have been asked to comment on the mast and their views will be reported to the meeting.

  7. If the mast is retained in its existing position then a revised freehold access must be provided to the County Council’s land. 02 Airwave has agreed to negotiate this with the adjoining landowner at 02 Airwave’s expense including the Council’s total costs.

    8. Environmental Implications

  8. The District Council considered the environmental implications of locating a mast in the AONB and on the edge of Burford when determining the planning application. As indicated above, the emissions levels from the mast will be very low.

    9. Financial and Staff Implications

  9. The Council would receive a site rental from 02 Airwave which would be credited to Burford School budgets.

    Plan (download as doc file).

    10. RECOMMENDATIONS

  10. The Executive is RECOMMENDED to approve a waiver of the County Council’s existing policy on the siting of masts in order to allow the mast to remain at Tanners Lane Burford subject to:-

          1. the negotiation of acceptable terms for a lease;

          2. the provision of an alternative freehold access, as described in the report.

NEIL MONAGHAN
Assistant Director, Environmental Services

Background Papers: Nil

Contact Officer: John Wilby Tel: Oxford 815589

March 2003

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