My Lords, that was a very straightforward question from the noble Lord, and an understandable one in light of what we have been talking about: the new infrastructure. Perhaps I can give him a couple of very straightforward answers, because that is probably what he is looking for.
There are already provisions covering electronic communications infrastructure under Part 24 in the Town and Country Planning (General Permitted Development) Order. Where equipment has been installed using Part 24 permitted development rights, which I think is what we have been talking about, and the equipment is no longer needed, communications providers are required to remove it and to restore the land to its
former condition or a condition acceptable to the local planning authority. Of course, national parks are their own planning authority. Failure to comply with a Part 24 condition would be a breach of planning control, and local planning authorities could use their enforcement powers to have the matter put right.
Where the equipment has been installed on private land, the Electronic Communications Code also provides for landowners to serve notices on communications providers requesting its removal. Paragraph 22 of the code specifically addresses what the noble Lord means by “redundant” equipment:
“where the operator has a right conferred by or in accordance with this code for the statutory purposes to keep electronic communications apparatus installed on, under or over any land, he is not entitled to keep that apparatus so installed if, at a time when the apparatus is not, or is no longer, used for the purposes of the operator’s network, there is no reasonable likelihood that it will be so used”.
In layman’s terms, that means that they are meant to clear it up if they do not need it any more. If the operator refuses to remove the equipment and the equipment is not lawfully on the land, the landowner is entitled to enforce its removal.
In respect of electricity underground cables and buried gas lines, it is generally more efficient and less environmentally damaging to leave any redundant equipment in place, but I presume that one must make sure that the land is returned as it would have been. In respect of overhead power lines, landowners can serve a notice under Schedule 4 to the Electricity Act 1989 to remove the equipment on their land, and the Secretary of State will consider each case on its merits.
I hope that that sufficiently reassures the noble Lord that there are provisions to ensure that what he fears might happen cannot happen and that they can be enforced. I hope that he will feel able to withdraw his amendment.