Residents upset over Craighall Park cell mast but is public participation required for installation?
JOBURG – 'It is not the City that is unsympathetic and inconsiderate of residents' complaints but rather that it cannot stand in the way of public access to reliable and necessary communication.'
The erection of communication towers, also known as cellphone masts, have caused many a stir in communities across Joburg.
Particular to Craighall Park, residents have expressed their unhappiness about a cell tower which is being built in their area.
READ MORE: Residents are unhappy about a 30m high cell tower in Craighall Park
Residents tend to be concerned about the safety of proximity to these towers or even fear that their presence will devalue the surroundings or ‘disturb the peace’.
This is what City of Johannesburg spokesperson, Virgil James, said the following about how public participation before putting up these masts, works:
In the City of Johannesburg residents in the northern suburbs have recently voiced their unhappiness with the installation of cellphone masts in their areas citing cancer, devaluing of property, blocking of the vista and unsightliness.
But is there any statutory obligation on an applicant for a cellphone mast to embark on a public participation process before such application may be approved by the municipality? On a proper interpretation of the applicable legislation, the answer is no. The only notice to be given is to the owner of the property.
South Africa’s telecommunications networks are facilitated by the Electronics Communication Act 36 of 2005 and Section 22 of the Act grants public servitudes to network licensees.
This means that network licensees may select the premises and access them for the purposes of constructing, maintaining, altering or removing their electronic communications network or facilities. The proposed access to the property must be determined in consultation with the owner.
The National Environmental Management Act only requires public participation for cell masts in excess of 15 metres and that may be in an environmentally sensitive area. The National Building Regulations and Building Standards Act regards masts as a building structure and requires that the applicant submit a building plan for approval but does not prescribe any public participation process.
The City cannot stand in the way of public access to reliable and necessary communication be it high powered cellphone masts, street light mobile telephony or aerial and underground fibre.
The City introduced a cellphone mast policy that promoted a public participation process whereby adjoining property owners and any other person who may be affected by the proposed mast must be given notice. They can then submit comments to the City within a certain time period.
The City will look at rescinding the current policy. The intention is to draft a new policy that takes into account all forms of communication installations and its impact on residents and the environment. It will also incorporate an expanded list of requirements that deal with the positioning of cell masts, proximity to bedrooms, gates, driveways, obstruction of traffic or vista, including proper camouflage.
Also read:
Wendywood residents say big ‘NO’ to plans for a cell tower in Umtata Park
