Decision details

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report regarding a request from WHP Telecom Ltd that an area of land next to the temporary mast on an area of open space on Peel Brow, Ramsbottom be considered as a permanent location for the telecommunications equipment.

Councillor Clare Cummins advised that she was sympathetic to the Council’s position but owing to the concerns in her community she would not be voting in favour of this report.

Decision:

Cabinet approved the grant of a lease to the telecoms operators.

Reasons for the decision:

·         The lease of the site will maintain the provision of existing mobile telecommunications for the area and provide a site that will enable the rollout of technologies such as 5G to improve digital connectivity for the area.

·         It should be noted that the agreement with EE Ltd and Hutchison 3G UK Ltd would be subject to the Electronic Communications Code. The Code was created by Schedule 2 of the Telecommunications Act 1984. Electronic communication services are now classed as essential services – this includes landlines, mobile phones and internet services. To allow these services to be provided where they are needed, the Electronic Communications Code provides a statutory basis whereby communications providers can place their apparatus on land or buildings owned by another person or organisation, which includes land owned by Councils.

Other options considered and rejected:

·         Refuse the request from the telecoms operators for a lease of the land - refusing the request could threaten the provision of the mobile telecommunications service to the area if an alternative location cannot be found. Refusal could also result in the operators exercising powers enjoyed under the Electronic Communications Code which include the ability to apply to the Upper Tribunal (Land Chamber) seeking the imposition of the agreement.

·         Ask the telecoms operators to look for an alternative area of land on which to locate the telecommunications equipment - this was discussed with WHP however we are informed that the Council’s land at Peel Brow is the preferred location for the siting of the equipment.