Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: 22.08.2011 Site Visit: 22.08.2011 Expected Decision Level: Planning Committee

Officer's Report

1. It is recommended that this application be determined by the Planning Committee due to the number of objections to the proposal which has a recommendation for approval.

Introduction

1. This application seeks approval for the installation of two telecommunications antenna to the rear elevation of a commercial building located on Victoria Road. The surrounding area is generally residential in character although a number of non residential uses are in operation. To the south east of the site is a pedestrian land beyond which is and area of scrub land which borders the rear of Castle Mona Avenue.

The Site

1. The application site is Winerite, Victoria Road, Douglas. The building is a commercial premises with a car park situated on the south eastern side of the road. Castle Mona Avenue runs to the rear boundary of the site.

The Proposal

1. This application seeks approval for the installation of two telecommunications antenna on the rear of the building. Each mast would be 1.37 metres tall mounted on the upper part of the rear elevation but so as not breach the roof line.

1. The application is accompanied by a supporting statement which sets out that the site has been chosen for its ability to provide an improved service to customers whilst having a limited visual impact upon the surrounding area.

1. The applicant has submitted a declaration that the proposed antenna is in compliance with the radio frequency (RF) public exposure guidelines of the International Commission on Non-Ionizing Radiation (ICNIRP), as expressed in the European Union recommendation of 12th July 1999 "on the limitation of the exposure of the general public to electromagnetic fields."

Planning Status

1. The application site is located within an area identified as being Predominantly Residential by the Douglas Local Plan. The site is not within a Conservation Area. Within the Isle of Man Strategic Plan, Infrastructure Policy 3 is relevant. This states:

Application No.:	11/00955/B
Applicant:	Cable And Wireless
Proposal:	Installation of two telecommunications antenna on rear of building
Site Address:	Winerite Victoria Road Douglas Isle Of Man IM2 4EZ

"A balance must be struck between the need for new, evolving communications systems to satisfy residential and business demand and the impact that the necessary infrastructure will have upon the environment. Measures which may help to achieve a satisfactory balance will include a presumption against visually intrusive masts in sensitive landscapes, the encouragement of mast sharing by different operators, and the removal of redundant infrastructure. Exceptions to this policy would need to demonstrate a strategic national need, which cannot be otherwise secured by mast sharing or alternative locations."

Planning History

1. None of the previous applications for this site are judged relevant to the determination of this proposal.

Representations

1. Douglas Corporation does not object to this application.

1. The owners/occupiers of Byron Villa, Victoria Road have submitted 2 letters of objection to this application on the basis that the site notice was not displayed at first (it was subsequently displayed for 21 days) and that there has been insufficient research on the safety of antenna rays. It is stated that by approving this application the department would be acting recklessly by endangering the health of residents within 500 metres of the proposal site. It is stated that the antenna would be within 30 metres of their property. Concerns regarding the impact upon produce grown in their garden, impact upon the health of their children and visual impact are also raised.

1. The owner/occupier of 1 Stanley Terrace, Douglas objects to this application on the basis that the antenna would be too close to a residential area and that the effects of such equipment on health are not known.

1. Mrs B Cannel MHK objects to this application stating that whilst the proposal would minimise the visual impact of the proposal they will still be visible to residents of Victoria Road and Castlemona Avenue which is unacceptable. Concerns are also raised regarding the emission of radiation stating that such antennas should be sited at least 100 metres away from any living space. It is stated that in order to protect the population living close by safety standards must be applied such as the International Commission for Non-Ionizing Radiation Protection (ICNIRP). It is requested that a certificate showing antenna emission levels and proof of compliance to ICPIRP be submitted by the applicant. It is requested that the Planning Committee exercise caution with this application due to the potential negative impacts upon the community living close by. A case from France in 2009 in cited where a telecoms company was ordered to remove a mobile telephone mast due to the uncertainty about its health effects. It is requested that the application be refused on the grounds that the site is within a residential area, clearly visible to residents and has the potential to have harmful health and environmental effects.

1. The owner/occupier of 14 Victoria Place objects to this application on the basis that there proposal would result in radio waves/radiation in a residential area close to where children play.

1. Mr C Robertshaw MHK raises concerns that the site notice was not displayed immediately and therefore would have resulted in a shorter consultation period. The yellow site notice was however subsequently retained in place for more than 21 days.

1. The owner/occupier of 16 Stanley Terrace has submitted comments stating that he asserts his right of way over the footpath to the rear of the site and requests that the applicant demonstrate a safety zone in relation to the use of the footpath.

1. The owner/occupier of 62 Derby Road, Douglas has submitted a newspaper article published in the Daily Telegraph in August 2011. it is stated that this is relevant to this application.

Assessment

1. The main issues to be assessed in the determination of this application are the impact of the proposal upon the surrounding area and impacts upon public health.

Impact upon the surrounding area

1. The proposed location of the antennae to the rear of the building would limit their visibility from areas of the public realm. The size and colour of the antennae would assist in their blending with the existing building and as they would not breach the roof line, the structures would have a minimal impact upon the building and the surrounding area. Whilst the antenna would be visible from the rear of some of the properties in Castlemona Avenue, it is not considered that their visual impact would warrant refusal given the appearance and scale of the existing building.

Impacts upon public health

1. In terms of the health issues of a telecommunication mast, the Isle of Man has no specific guidelines. Paragraph 1.6.1 of the Strategic Plan states:

"The Island has a close relationship with the UK, within which there are land-use planning systems which have the same general purpose as, and much in common with our own system. We also have indirect links with the European Union. Accordingly, where unusual matters arise, or where there is no Manx guidance, it will often be appropriate and helpful to have regard to legal judgments or advice published in the UK or the EU."

1. The UK Government has produced advice which is set out within Planning Policy Guidance Note 8 Telecommunications (PPG8). PPG8 advises that where a proposed telecommunications installation conforms to the guidelines for the public exposure set by The International Commission On Non-Ionising Radiation Protection (ICNIRP) then the local planning authority should have no concerns with regard to health and safety issues. The following excerpts from PPG8 are considered relevant:

Paragraph 29. "Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case."

Paragraph 30. "However, it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them."

1. The application is accompanied by a certificate of compliance with the World Health Organisation ICNIRP guidelines for public exposure.

1. Concerns regarding radiation have been expressed by a number of local residents. It is understandable that proposals for telecommunications equipment within residential areas meet with objection. However, in consideration such applications, the Planning Authority must be satisfied that the proposal meets with relevant guidelines. In this case, the

applicant has provided confirmation that the antenna would fall within the guidance limits of the International Commission on Non-Ionizing Radiation. As such it is not considered that there are reasonable grounds to refuse this application on the grounds of risk to public health.

Conclusions

1. In taking the above considerations into account, it is judged that the proposal accords with the objectives of IP3 and as such planning approval should be granted.

Recommendation

1. Permit.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Douglas Corporation

The owners/occupiers of Byron Villa, Victoria Road, Douglas

The owner/occupier of 1 Stanley Terrace, Douglas

The following properties do not meet with the criteria set out by Planning Circular 1/06 and would not normally be granted Interested Party Status. However given the nature of the application, the Planning Committee may wish consider giving party status to these properties.

The owner/occupier of 14 Victoria Place, Douglas

The owner/occupier of 16 Stanley Terrace, Douglas

The following parties should not be granted Interested Party Status:

The owner/occupier of 62 Derby Road, Douglas Mrs B Cannel MHK Mr C Robertshaw MHK

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 05.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the installation of two telecommunications antenna on rear of building, Winerite, Victoria Road, Douglas as shown by HLK/08/0059/0, HLK/11/0155/2, HLK/155/3, Antenna Detail, and Statement received 8th July 2011 and Applicant Letter submitted 22nd August 2011.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : PERMITTED Committee Meeting Date : 13.10.2011

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO