09 November 2022
Your request
This is a FOI request to Lambeth Planning regarding information on the ICNIRP certificate of a telecoms installation on Redhill Court, SW2 3NP. I have previously written to Building Control but they advised me they did not have this information.
The telecoms installation on Redhill Court is a shared site by O2 and Vodafone and has been in operation for 4 years. It is less than 15 m high so was erected without the need for prior approval, under permitted development rights. The Code of Practice for wireless network development in England states for developments of this kind:
'Permitted development - prior notification 94. Not all telecommunications development that benefits from permitted development rights will require the prior approval of the local planning authority. In these cases, the operator must provide the local planning authority with written notice of its intention to install and a description of the apparatus and location it proposes to install it. It can then exercise the permitted development right after 28 days’ notice. This is sometimes referred to as a ‘regulation 5 notification’ or ‘code notification’.
- The local planning authority may within this period give written notice of conditions with which they wish the operator to comply in respect of the installation of the equipment. Operators should respond positively and promptly to any requests for engagement from local planning authorities and work towards solutions where reasonable concerns are raised about the proposed development.'
The Code also states:
'Compliance with guidance laid out in the International Commission on Nonionizing Radiation Protection (ICNIRP) public exposure levels guidance: as required by spectrum licences, comply with international guidelines for limiting exposure to electromagnetic fields (EMF) - including, as set out in the NPPF, providing a statement that self-certifies that ICNIRP guidelines will be met with all applications.'
I therefore assume that the applicant when giving prior notification, also supplied the self-certified compliance with the ICNIRP guidelines.
- please can you share the relevant document containing the ICNIRP exclusion zones?
Our response
- the Local Planning Authority (LPA) holds a copy of the ICNIRP declaration at this address (enclosed). The LPA does not hold a copy of the ICNIRP exclusion zones at this address.
Please note with regard to the attachment that personal data has been redacted as we engage Regulation 13: Personal Data as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Regulation 13 to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this document contains information which would allow an individual(s) to be identified so therefore has been redacted.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their name as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to this request; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.