Notitie ‘behandeling bouwaanvragen plaatsen UMTS-antenne-installaties’ – Bloemendaal UMTS Antenna Policy
The Notitie ‘behandeling bouwaanvragen plaatsen UMTS-antenne-installaties’ is a policy document issued by the Gemeente Bloemendaal (Netherlands). It establishes the municipal framework for evaluating building permit applications related to the installation of UMTS (Universal Mobile Telecommunications System) antenna masts. The document was drafted following social controversy regarding health effects and serves to clarify the legal position of the municipality in light of national regulations and scientific research available as of late 2006.
The scope of this note covers the health risks associated with electromagnetic fields, the stance of the Dutch government and the Vereniging van Nederlandse Gemeenten (VNG), and specific spatial requirements for antenna masts within the municipality. It references the Bestemmingsplan ‘Landelijk Gebied’ and Bestemmingsplan ‘Bloemendaalse Park/Duin en Daal’, as well as national standards defined by the Gezondheidsraad (Health Council) and the RIVM (National Institute for Public Health and the Environment).
This document outlines the technical criteria for permits, including maximum heights, site-sharing requirements, and landscape integration methods. It also details the limited policy room available to municipalities to refuse permits based on health concerns due to established jurisprudence from the Raad van State (Council of State).
Health Risks and Scientific Evaluation
The document evaluates the health risks of UMTS radiation based on a Swiss study published on June 6, 2006. This research, building on earlier TNO studies, examined the effects of UMTS fields on wellbeing and cognitive functions such as reaction speed and short-term memory.
- Wellbeing: The study found no evidence that UMTS fields cause headaches, fatigue, or dizziness.
- Cognitive functions: No direct link was established between exposure and reduction in cognitive abilities.
- Exposure Limits: The highest exposure used in the study (10V/m) was significantly higher than levels typically measured in public locations.
- National Stance: The State Secretary of VROM concluded that the current state of science justifies the placement of UMTS antennas from a health perspective.
Legal Framework and Jurisprudence
Municipalities must adhere to national policy and the jurisprudence of the Raad van State. The VNG maintains that there is no policy room (beleidsruimte) for local governments to refuse UMTS mast placement based on health fears, as these assessments are reserved for the national government.
- Raad van State Ruling 200508690/1: Confirmed that fears of health risks are not a valid legal ground for refusing a permit if the installation meets national exposure limits.
- Article 19 WRO: Referenced regarding exemptions for antenna installations.
- National Antenna Policy: Operators must comply with exposure limits and the Convenant vergunningvrije antenne-installaties.
Bloemendaal Local Placement Conditions
Local policy in Bloemendaal is based on the annual placement plan updated by Monet, the organization representing mobile network operators. Deviations from this plan are permitted only to a limited extent, typically up to a maximum of 100 meters.
- Maximum Height: Masts may not exceed a height of 40 meters above ground level (maaiveld).
- Landscape Integration: Installations must be integrated into the landscape. This can include a transparent structure or a mast shaped like an artificial tree (kunstboom).
- Site-sharing: The mast must be used by multiple operators to minimize the number of locations.
- Equipment Cabinets: Associated technical cabinets must be camouflaged or integrated into the surrounding environment.
- Protected Areas: Stricter integration is required in areas designated as protected village views (beschermd dorpsgezicht).
Frequently Asked Questions
Can the municipality refuse a UMTS permit based on health concerns?
No, based on national policy and Raad van State jurisprudence, municipalities cannot refuse building permits for UMTS masts solely on the grounds of health risks, provided they meet national exposure standards.
What is the maximum allowed height for an antenna mast in Bloemendaal?
Under the current zoning plans, the maximum mast height must not exceed 40 meters above ground level.
What is sitesharing?
Sitesharing is the requirement that a single antenna mast must be shared and used by multiple mobile network operators to limit the total number of masts in the landscape.
Are there specific aesthetic requirements for masts in Bloemendaal?
Yes, masts must be designed as transparent structures or, where appropriate, as artificial trees (kunstboom) to fit into the local landscape.
Which authority is responsible for health policy regarding electromagnetic fields?
The State Secretary of VROM is responsible for national health policy regarding electromagnetic fields from antennas, supported by the Gezondheidsraad and RIVM.
How does the Monet placement plan affect local permits?
The Monet placement plan serves as the starting point for permit applications; significant deviations (more than 100 meters) may lead to coverage issues and are generally avoided.
