Guidance

National Parks Accord

Published 13 January 2023

Parties: National Parks England, and broadband service operators.

The purpose of this Accord is to see the proactive roll out of fixed line gigabit-capable broadband services and other technologies and their associated benefits to communities, in ways that protect and enhance the special qualities of our finest landscapes.

This Accord should be read in conjunction with the Cabinet Siting and Pole Siting Code of Practice Issue 2 published November 2016 (“Code of Practice”) which lays out guidance on who should be consulted or notified in regard to delivery of poles or cabinets as part of a network build programme.

We share the following objectives:

• To maximise the delivery of gigabit-capable broadband to rural areas of National Parks in order to facilitate business growth, support home working, support rural services, strengthen communities and improve quality of life in ways that protect the special qualities of National Parks and their settings
• To explore opportunities to deploy innovative technologies, and to maximise coverage and speed of roll out of broadband services through removing cost barriers to deployment, to explore opportunities to coordinate works with other infrastructure projects, to positively enhance the landscapes of National Parks where this is possible
• Maintaining a positive working relationship at national and local levels between all parties to allow the above to be achieved

It is acknowledged that the rollout of gigabit capable broadband in National Parks, is to a client which within England will be Local Authorities facilitating deployment of commercial and Building Digital UK (BDUK) funded rollout. This is being driven by the UK government’s target for at least 85% of UK premises to have access to gigabit-capable broadband by 2025, and as close to 100% as soon as possible thereafter.

We see effective communication between broadband service operators, and the National Park Authorities as important in supporting the objectives of this Accord. To aid the achievement of these objectives:

1. Network planning

When a new network is needed, the broadband service operators will begin by surveying existing networks to establish the best way to provide service for customers. If additions to the network are required, the broadband service operators will identify what is required and the best position for it to be placed.

The broadband service operators recognise the significant benefits of working in partnership with National Park Authorities for the rollout of broadband. They also acknowledge the statutory need to conserve and enhance the special qualities of National Parks. Broadband service operators will share copies of their fibre broadband deployment plans with each National Park Authority where network build may impact a National Park.

When designing schemes, broadband service operators should consider all design options available to them including undergrounding, site sharing and use of existing infrastructure wherever possible to reduce the need for new infrastructure. An overhead option should not be assumed to be the preferred option. In some areas where new apparatus (ie new poles, cables, ducts and cabinets where applicable) may need to be installed to facilitate timely rollout these should be kept to a minimum and involve consultation with the National Park Authorities, to identify any local constraints or sensitivities. While each scheme will be assessed individually and on its own merits, common sensitivities including the introduction of infrastructure in areas void of similar structure and where the infrastructure crosses a ridge or skyline. These instances will, where possible, only be proposed if no other solution is economically viable to deliver the service. National Park Authorities will advise broadband service operators on areas where use of apparatus will not be permitted for planning reasons, where infrastructure will need to be buried underground.

Broadband service operators should explore optimum locations for above ground apparatus and opportunities for the use of existing infrastructure, where this would represent the best possible operational, technical and environmental solution. National Park Authorities can advise on areas that are especially sensitive and where undergrounding or using existing infrastructure might be particularly appropriate. Each National Park Authority understands and acknowledges that such deployment plans are subject to change, the broadband operator will provide reasonable notice and consult with the relevant National Party Authority should the original deployment plans change.

In accordance with the Code of Practice, the broadband service operators will engage in dialogue with other operators of gigabit broadband apparatus, and electricity distribution network operators to ensure any opportunities for sharing infrastructure are explored and utilised where possible. This includes options for joint undergrounding of apparatus as part of current electricity undergrounding schemes.

2. Environmental impact assessments

The broadband service operators will make use of The Department for Environment Food & Rural Affairs very useful interactive map system Magic Maps to identify designations across the National Parks. Should work be required to be carried out in a protected area the broadband service operators will follow procedures laid out in the Habitat Regulations and The Electronic Communications Code.

3. Agreements

The carrying out of any works will be subject to the terms and conditions agreed with the landowner. National Park Authorities will recognise the contractual obligations upon those broadband service operators delivering the requirements of BDUK contracts, to achieve optimal fibre broadband coverage across the contractual areas, and the delivery plans of broadband service operators undertaking their own commercially funded network rollout. They also acknowledge the operational and technical practicalities involved in that delivery, and dependencies on other operators including electricity distribution network operators.

4. Engagement on deployment programmes

The broadband service operators will offer to discuss the provisions as set out in the Code of Practice with National Park Authority representatives in relation to the proposed fibre broadband deployment programme in order to allow for meaningful dialogue.

5. Engagement on applications and specific proposals

For schemes that involve development within a National Park, broadband service operators are required to consult with the relevant National Park Authority through the existing notification processes (see section 6 below). As part of this process, it would be beneficial for the broadband service operator to explain all reasonable steps taken to minimise the impact of the scheme on the landscape and also whether there are specific requirements for the proposal, eg where improvements or new infrastructure is required to support an emergency service network.

For schemes which involve development adjacent to a National Park, broadband service operators are encouraged to engage with the relevant National Park Authority as a stakeholder.

Early engagement and discussions with the relevant National Park Authority should be programmed into the Broadband Service Operator’s delivery timetable, particularly for schemes where there may be significant sensitivities, so that proper consideration can be given. Discussions will seek to avoid adverse impacts on the special qualities of these areas and their heritage assets whilst maximising network performance and coverage and utilising the latest technological developments. Where it is not possible to avoid adverse impacts, these will be minimised, and explained as part of the prior notification process. This dialogue will be aligned with the Code of Practice. The relevant National Park Authority, will contribute positively to these discussions in order to seek the best solution.

Broadband service operators will also seek to ensure, where stickers are placed on Cabinets, that these are sensitive to National Park landscapes and comply with relevant regulations.

Broadband service operators and network planning contractors will consider requests for site visits and additional materials, but any such additional dialogue should be in line with the existing one month notice period as referenced in the Code of Practice, unless all parties in a particular area agree a different approach or timescale locally. Where possible all parties should try to work together to reduce timescales where broadband service operators have provided advanced notification of build plans and ongoing communication.

6. Permissions and constraints

To note: For development within National Parks, the relevant National Park Authority will be the local planning authority. Broadband service operators will be required to obtain planning permission to cover the installation of broadband infrastructure. The three types of planning permission that cover the installation of broadband infrastructure are:

• Permitted development with the requirement to notify - This will apply to the vast majority of fixed line broadband apparatus. In these cases, the Broadband Service Operator must provide written notice of its intentions to install, along with a description of the apparatus and location to the National Park Authority. The Broadband Service Operator then exercises its permitted development right after 28 days of submitting the notice
  
• Permitted development with the requirement for prior approval - The installation of apparatus which is not in connection with the provision of fixed-line broadband will require prior approval and further guidance on this can be sought from the National Park Authority
  

• Planning permission - In some circumstances, planning permission from the National Park Authority or other body will be required. These instances include:

  *Where development falls within a Site of Special Scientific Interest (SSSI). SSSIs are a formal conservation designation by Natural England under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) *Where development would impact on a Scheduled Monument, Scheduled Monument Consent will be required from Historic England, on behalf of the Secretary of State

7. Innovation and enhancement

National Park Authorities and broadband service operators will work together to share good practice in design solutions and to promote good quality design.

Where routine planned maintenance is required on existing apparatus, the broadband service operators will where possible provide notice in advance to the landowner as set out in the Wayleave except in emergency circumstances.

In accordance with the Code of Practice, broadband service operators will seek to reuse, recycle or remove redundant equipment where feasible.

It is important that broadband service operators are informed if the network could be damaged or has the potential to be a danger to the general public.

8. Resources

Broadband service operators and National Park Authorities commit to work together to maximise the opportunities from a range of resources, public and private, to achieve the objectives of this Accord. This includes, but is not limited to:

• BDUK contracts
• Broadband service operators
• Other public subsidy programmes

9. Monitoring and review

To ensure that the objectives of this Accord are achieved, broadband service operators will agree to meet with local representatives of the National Park Authorities on a regular basis.

To review progress and effectiveness of the Accord, the Parties to this Accord will meet on an annual basis. The Accord will be reviewed at the instigation of any of the Parties to it.