Question to the Department for Science, Innovation & Technology:

To ask His Majesty's Government what steps they are taking to stop companies installing high speed broadband having the right to fell urban street trees, which is regarded as permitted development under the Town and Country Planning Act 1990.

The legal framework underpinning rights to install and maintain digital communications infrastructure on land is contained in the Electronic Communications Code (“the Code”), which was substantially reformed in 2017.

In addition to complying with any requirements imposed by planning law, telecommunications operators installing electronic communications apparatus must also act in accordance with the Code.

One of the Code rights that can be included in any agreement between Code operators and landowners regulated by the Code is the right to lop or cut back trees or other vegetation where that interferes with electronic communications apparatus. The inclusion of such a code right will depend on all of the circumstances of any particular case and the agreement can include specific terms as to how such a right is to be exercised.

In addition, Part 13 of the Code sets out the circumstances in which a telecommunications operator may be permitted to lop trees and cut back vegetation that overhangs a street in England, Wales or Northern Ireland, or a road in Scotland, without this being included within the terms of a code agreement. This includes a process through which notice must be given to the occupier of the land on which the tree or vegetation is growing. Absent an objection from the occupier, the operator may cause the tree to be lopped or the vegetation to be cut back, albeit this must be done in such a way as to cause the minimum damage to the tree or vegetation.

These provisions enable operators to effectively roll out networks, as interference caused by trees and vegetation can cause delays and damage to apparatus, while ensuring that any damage to the tree or vegetation is limited.

Separately to Code rights, the Forestry Commission produces guidelines on the felling of trees: https://www.gov.uk/government/publications/tree-felling-getting-permission.

As access to digital services is becoming increasingly important to businesses and consumers throughout the UK, we are working to make sure that everyone has world-class connectivity. The legal framework in place under the Code not only provides operators with statutory rights to install and maintain their networks; but also imposes specific duties and obligations on them which must be adhered to.

We believe that communities benefit enormously from the deployment of high quality digital infrastructure, with all the economic and social benefits it brings. We want to make sure that deployment happens efficiently, but at the same time, in ways that make sure the impact on communities and the environment is taken into account and broad support is maintained for the rollout of this critical infrastructure.