Planning Officer Report 12/01458/B

Application No.: 12/01458/B Case Officer : Mr Ian Brooks ### Applicant: Cable And Wireless Proposal: Erection of three mobile phone communications antenna (on previously approved floodlighting masts) and associated electrical equipment cabinet Site Address: Vagabonds RUFC Playing Fields Ballafletcher Road Strang Douglas Isle of Man Recommendation:** To APPROVE the application #### Planning

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE RECOMMENDATION IS CONTRARY TO THE ADVICE OF THE LOCAL AUTHORITY

Description Of Application Site

1. The site represents part the curtilage of Vagabonds RUFC Playing Fields, Ballafletcher Road, Douglas which is to the southeast of Nobles Hospital and northwest of Ballafletcher Industrial estate.

1. The site is used as a rugby pitch and forms part of the recent re-development of the whole area, which includes works for a new club house, a total of four playing fields and a car park.

Proposal

1. The application is seeking planning permission for the installation of 3 mobile phone antennas. The application also proposed to create a stone wall enclosure to accommodate the equipment cabinet, which will be built into a sod bank.

1. The antennas and dish are to be installed on existing floodlighting masts.

Development Plan Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3, Environment Policies 1 and 2, Infrastructure Policy 3

1. General Policy 3 states that “Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work;
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest;
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment.
• (d) the replacement of existing rural dwellings;
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;

• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

1. Environment Policy 1 states that "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

1. Environment Policy 2 states that "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is supersede by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

1. Infrastructure Policy 3 states that "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 will 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."

1. The application site is within an area recognised as being an area of 'land owned by Government (open space in agricultural use)', under the Braddan Parish District Local Plan 1991. The maps to the Local Plan stats that areas not allocated for development are designated as of 'High Landscape Value and Scenic Significance'.

Relevant Planning History

1. There have been a number of applications relating to the creation of sports pitches and associated works; one of these applications is considered relevant to the determination of this application, which is:

12/00221/B - Erection of floodlighting – granted on 24 May 2012

Representations

1. Braddan Parish Commissioners have objected to the application on the following grounds: The Commissioners feel that such a facility would adversely affect the amenity of local residents as stated in General Policy 2 (g). They also feel more extensive work should be undertaken in terms of mast sharing opportunities and if not they must clearly demonstrate strategic national need as detailed in Infrastructure Policy 3.

1. Highways Division of the Department of Infrastructure have not commented on the application.

Issues

1. The main issues here are the siting and design of the antennas and the impact on health.

1. The principle aim of this proposed development is to provide coverage into Nobles Hospital, Tromode Road, Johnny Watterson’s Road, Cronkbourne Village and Williston.

1. In the site selection process the applicant has indicated there are no other telecommunication sites in the local area. The applicants have looked at various site ranging from Nobles Hospital to the Manx Telecom Earth Station. A full list of the sites and the reasons why they have been discounted are shown below:

New Nobles Hospital – DHSS have not responded to repeated request for discussion over a 3 year period

Manx Telecom site at Nobles Hospital – The current Manx Telecom site at the Hospital is not currently suitable for sharing with a second operator. Significant redevelopment of the site including a substantially taller mast would be required to accommodate a second operator. This having a significant increased visual impact on the area as the existing mast is already visible over a large area.

Mt Rule Farm – Planning Application rejected.

Creg ny baa – Would not improve coverage in the target areas.

Manx Telecom Earth Station – A site share with Manx Telecom has been rejected as this location clearly will not provide cover in the area required. This is evidenced by Manx Telecom’s need for 4 more masts in the area. In addition as this site is next to a school, Cable and Wireless internal rules would not permit development on Health and Safety grounds.

1. The proposal involves installing antennas and a microwave dish on existing floodlighting. This is probably the least intrusive design which could be developed for the purpose. The proposal would not result in the creation of any additional structures, i.e. masts, to accommodate telecommunication apparatus in the countryside.

1. In policy terms, Environment Policy 1 requires that were “Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative”.

1. It is important to consider whether the proposal would adversely affect the countryside. The antennas and microwave dish would be relatively small additions to the existing floodlighting masts and the proposed equipment cabinet enclosure would be built into an existing sod hedge within the site, it is considered the proposed development would not adversely affect the countryside.

1. Therefore the applicant is not required to demonstrate an overriding national need for their development in land use planning terms, which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

1. In respect of Environment Policy 2, a similar test is applied. The policy requires that within Areas of High Landscape Value and Scenic Significance the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or

• (b) the location for the development is essential.

1. As indicated above, it is considered the proposal would not adversely affect the countryside and therefore the proposal meets the criteria of Environment Policy 2(a).

Conclusion

1. It is recommended that planning permission be granted subject to conditions.

Party Status

1. The local authority [Braddan Parish Commissioners] are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

Recommended Conditions and Notes for Approval

C : Conditions for approval N : Notes (if any) attached to the conditions C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the installation of two mobile phone communication antennas and microwave dish and the creation of an equipment enclosure as shown in drawing numbers 1, 2, 3 and photographs date stamped 25th October 2012 and drawing number 4 dated 2nd January 2013, and Planning Application Supporting Statement prepared by Cable and Wireless dated 22nd October 2012, Declaration of Conformity with ICNIRP Public Exposure Guidelines dated 2nd December 2011 and Kathrein antenna details date stamped 25th October 2012.

C 3. In the event of the antennas, microwave dish and equipment enclosure erected under this approval becoming redundant they must be taken down along with all ancillary infrastructure and be removed from the site within 3 months of the cessation of the use and, in respect of the enclosure, the land restored back to form part of the existing sod hedge.