Use of Chiswick Police Station as site for non emergency service aerials

Report: 18
Date: 10 July 2003
By: Commissioner

Summary

The Metropolitan Police Authority (MPA) has previously approved the use in principle of the police estate for non-emergency service aerials. Terms have been agreed with Vodafone plc for the use of space at Chiswick Police Station to locate aerials and generate revenue for the MPA. This report details the proposed terms and provides a generic risk analysis in relation to the local area. It makes recommendations on this proposal and for wider multi-site agreements.

A. Recommendations

1. That the MPA approve the terms agreed, subject to contract, with Vodafone plc for the siting of mobile telecoms aerials and associated equipment at Chiswick Police Station. Details of the terms are contained in the linked exempt report; and
2. the agreed terms are used as the basis for a multi-site agreement (MSA) between the MPA and operators, subject to MPA approval for the final MSA terms.

B. Supporting information

1. Further to the Finance Committee’s approval for the Director of Property Services (16 January 2003) to negotiate with interested parties for the use of the MPA estate for non emergency services aerials, terms have been agreed, subject to contract, with Vodafone plc for the use of space at Chiswick Police Station.

2. Vodafone wish to site 2G and 3G equipment and aerials on the roof of Chiswick Police Station to provide coverage to the area, which they are legally obliged to do under the terms of their operating licences. Vodafone has been looking for sites for some time in this area, and the Police Station offers the best location. There are few other buildings with sufficient height and roof space nearby, and the main alternative is a church spire located within a Conservation Area to the west of the Police Station. This alternative site is, we are advised, less than ideal from a planning and technical perspective.

3. The agreed Heads of Terms and rent are set out in the linked exempt report. The terms agreed have been strictly drafted to ensure that the MPA’s interests are protected as far as possible. There is a wide range of issues that the MPA must deal with, including ensuring no interference with operational policing security, and health and safety. Safeguards are included in the terms to ensure the MPA and MPS maintain full control over use of the site.

Protection of operational policing

4. Ongoing liaison is being undertaken with all relevant departments to ensure there are no problems resulting from this installation. This has included DoI in respect of communications systems and IT, HR Board in respect of personnel and health and safety, and the Borough in respect of their use of the building. DoI and Property Services must approve all systems before installation can begin.

Health and safety

5. The MPA requires the Director of Property Services to put each case to the Finance Committee for approval with an appropriate risk analysis. This is to be based upon a presumption of ‘remoteness’.

6. Chiswick Police Station is not a remote location, but is in an area of high demand for mobile communications. The area is predominately low height residential, with Chiswick High Road being a focus for retail and commercial activity.

7. Appendix 1 is a map of the area, showing the police station in relation to its surroundings. The blue stars show the approximate position of existing mobile telephone aerials. This information comes from a visual survey and the Radiocommunications Agency (the RA information is incomplete, reportedly only identifying two thirds of all aerials, making it likely there are additional aerials in the area). The purple star is an existing aerial site located at Gable House, Turnham Green Terrace, that Orange are keen to relocate onto the police station as the building is being redeveloped. Negotiations are continuing on this.

8. Schools are shown by the blue shaded boxes, with the health centre and hospital in the yellow shaded boxes. In each case there are other aerials much closer to them, and the area as a whole has a range of aerials for various operators (MM02, Hutchison 3G and Orange are known to occupy sites). A number of those aerials located on Chiswick High Road are transmitters placed at street level, much closer to residents than a mast on the police station roof.

9. The height of the proposed installation, its distance from the schools and health centre, plus the maximum power levels permitted will ensure that exposure levels are extremely low, and well within international guidelines, and are not considered to make a significant increase to electro-magnetic radiation levels. Recent DTI reports have shown that emission levels in schools and hospitals are many times, and in some cases millions of times, below international guidelines.

10. The presence of aerials on the roof poses no known risk to police officers and staff. Having the mast located on the top of the building means that the emissions are radiated outwards, away from the building. Inside the building the main sources of emissions will be from other aerials at street and roof level, officers’ radios and mobile phone handsets.

11. Careful reading of the Stewart Report, and confirmation from leading independent scientists, shows that the greatest potential risk to health is from telephone handsets and not masts. Using a mobile phone handset for long periods, or even keeping one close to vital organs (e.g. in a pocket) will expose users to many times greater levels of emissions than from masts, wherever they are located. The advice is to use mobile phone handsets as little as possible rather than avoid aerials, and to keep mobile phones switched off when not in use.

12. The roof-mounted aerials are directional, and are normally mounted on the edge of the roof to avoid reflection. Power levels are such that emissions within even a short distance of an aerial are within international guidelines. For an officer or other person to be at risk of excessive exposure they would need to climb out onto the edge of the roof and get in front of the aerial. At this point the main danger is falling from the roof.

13. In respect of remoteness there are few sites across the MPA estate that can meet any reasonable interpretation of remoteness but the MPA "presumption of remoteness" test is interpreted as being away from schools, hospitals and other specific sites, such as tower blocks or similar buildings of permanent residential occupancy. Several existing mast sites are located in rural areas away from buildings. To date operators seeking sites have requested none of these. The focus of demand for sites is in built up areas, which coincides with the majority of the MPA Estate.

14. Siting of aerials relative to schools and hospitals is dealt with under the planning system, which the operator, if approved to proceed with this site, will deal with under the Traffic Light model incorporated in the Office of the Deputy Prime Minister’s Code of Best Practice. The National Radiological Protection Board deals with health and safety.

Commercial issues

15. The terms agreed with Vodafone plc are contained in the linked exempt report. One key issue that does arise is that telecom operators have additional powers to remain on a site after a lease expires or is terminated under the Telecoms Code. This means that if the MPA decided to terminate a lease, which it would be able to do under the landlord and tenant legislation, the operator has the power to apply to the courts to remain on the site to protect its network.

16. Historically operators have been reluctant to use this power, as it would deter landlords from granting a lease in the first place. However these powers remain and cannot be contracted out of. Case law on this issue is virtually non-existent. If there was a clear problem relating to operational policing it is argued that the Court would not allow the operator to stay, but this is not certain. The Director of Property Services is confident that this position poses an acceptable risk to the MPA estate.

Multi-site agreements

17. The demand for sites is increasing as operators seek to roll out their 3G networks and improve their existing 2G coverage. 3G requires more sites for the same level of coverage as 2G, particularly in built up areas. With a large estate covering all of Greater London the MPA is in a position to generate substantial revenues from aerial sites. Most operators are keen to enter into Multi-site agreements (MSA) with the MPA. The MSA will set out heads of terms between the operator and MPA for aerial sites. This streamlines negotiations, gives the operator efficiency in network planning, and encourages the use of MPA sites, ensuring the further revenues. It is proposed to use the terms agreed at Chiswick police station as a template for the MSAs. MPA approval will be sought for each MSA and each location.

Consultation

18. Consultation has been undertaken with the relevant operational departments, Hounslow Borough OCU, the MPA link member and the staff unions and Police Federation. To date no response has been received from the unions or Police Federation. The Borough OCU is being consulted on the project and will be involved throughout. Public Affairs have also been advised and will deal with any press enquiries.

C. Equality and diversity implications

There are considered to be no equality and diversity implications for the MPS or MPA arising from the issues in this report.

D. Financial implications

The Efficiency and Effectiveness target for 2003/04 of £500,000 per annum anticipates half this sum being generated by aerial sites. It was suggested in the report to the Finance Committee of the 16 January 2003 that this be reduced to £100,000.

In order to meet either target the MPA needs to rapidly develop the aerial network on its estate. This site will form a template for other sites, and the development of MSA’s with operators will further speed this process.

E. Background papers

• Finance Committee – 16 January 2003
• Code of Best Practice on Mobile Phone Network Development: Office of the Deputy Prime Minister, 2002
• Department of Trade & Industry Mobile Phone Base Station Audit – School Results 2002: DTI Press Release 18th February 2003 (P/2003/100)
• London Fire & Emergency Planning Authority Reports:
  • FEP 27 - Mobile Phone transmitters – response to petition October 2001
  • FEP 64 - Mobile Phone transmitters – outcome of Barnet study February 2001
  • FEP 174 – The siting of 3G telecommunications equipment on Authority premises October 2001

F. Contact details

Report author: Alan Croney, Director of Property Services

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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