Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether he has had discussions with local authorities on the matter of mobile network operators applying for pre-application advice for telecommunications masts but failing to pay the fee for that advice and subsequently stating in their consultation material that they applied for pre-application advice but the Council did not respond.

Local planning authorities may charge for providing discretionary services including pre-application advice under section 93 of the Local Government Act 2003. Authorities need to consider whether charging is appropriate in all cases, given the potential for pre-application engagement to save time and improve outcomes later in the process. Where possible, local planning authorities are strongly encouraged to provide at least a basic level of service without charge. Local planning authorities are best placed to deal with issues regarding the service they provide and any approach they may take where fees for discretionary services are not paid.

The specific issue of unpaid fees has not been raised through correspondence or responses to our technical consultation on amending permitted development rights for electronic communications infrastructure. However pre-application consultation has been considered in our joint work with local authorities, mobile network operators and other stakeholders to develop a new Code of Practice for Wireless Network Development in England. This Code, published in March 2022, encourages mobile network operators to engage with local planning authorities when deploying mobile infrastructure, including at the pre-application stage of the planning process.