DEC Decision Notice

Isle of Man

Government Bullige Ellan Vannin

Sure IOM Ltd 2nd Floor 14 Athol Street Douglas Isle Of Man

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Sure IOM Ltd, Ref 13/00771/B, for the Mounting of a 1.8 m communication dish on existing tower at DHA Tower Peel Hill Mill Road Peel Isle Of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the erection of a 1.8 m communications dish as shown in drawing numbers $062 / 110$ issue $B, 062 / 112$ issue $B, 062 / 113$ issue $B, 062 / 114$ issue $B$ date stamped 1st July 2013.
3. No development shall take place until details of the colour coating of the dish has been submitted to and approved in writing by the Planning Authority; and thereafter the development shall be carried out in accordance with the approved details.

Date of Issue: 19th August 2013

M ballayhe

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

13/00771/B

Planning Officer Report And Recommendations

Case Officer :	Mr Ian Brooks
Photo Taken :
Site Visit :
Expected Decision Level :	Officer Delegation

Application No. :	13/00771/B
Applicant :	Sure IOM Ltd
Proposal :	Mounting of a 1.8m communication dish on existing tower
Site Address :	DHA Tower Peel Hill Mill Road Peel Isle Of Man

Officer's Report

Site

1. The site represents a small square piece of land situated on Peel Hill and which accommodates the telecommunications mast and associated cabin approved under PA 00/0077. The existing mast is a 20m open lattice tower.
2. The site is zoned as an Area of Landscape or Coastal Value and Scenic Significance in the Isle of Man Planning Scheme (Development Plan) Order 1982.

Proposed Development

1. This application seeks approval for the erection of a 1.8 diameter dish onto the existing telecommunications mast.
2. The dish will be installed at a height of 6.5m, which is just above the roof height of the existing Department of Home Affairs building.
3. This proposal will form one end of a link between Peel and Jurby. It should be noted that an application has been submitted for the Jurby end of the link (PA 13/00773/B).

Planning Status And Relevant 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 Policy 2 and Infrastructure Policy 3.
2. 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 agriculture 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 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 Areas will be used as a basis for development control until such time as it is superseded 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 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. The following previous applications are considered relevant in the consideration of this application:

05/01816/B - Erection of security fencing - granted 00/00077/B - Erection of replacement building, replacement mast, location of new and existing antenna and dishes - granted

Representations

1. Patrick Parish Commissioners - no comment
2. Manx National Heritage have made the following comments:

"We note that this development is proposed in a visually intrusive location and that the applicant has endeavoured to reduce its impact through the use of existing infrastructure. Whilst its low position on the mast has significantly reduced its impact from the direction of

Peel, we do note that the use of such a large 1.8 m diameter antenna dish will have a more direct impact on users of Peel Hill, who experience the development from a much closer distance. In the light of the latter point we would therefore question whether it makes complete sense to paint the antenna a colour designed to blend with the surrounding vegetation when it will be seen against the sky by users of the footpath immediately to the west.

We also note that the development is part of a wider scheme to improve the applicant's provision of a 3G service and is reliant on approval of a similar application at Jurby (PA No 13/00773 refers). It is our view that these developments, both singly and in combination, are broadly in keeping with Infrastructure Policy 3 of the Strategic Plan, in light of which we would not object to their approval."

Assessment

1. Infrastructure 3 of the Isle of Man Strategic Plan 2007 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 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".
2. The proposed site is to improve the 3G (UMTS) mobile coverage around the Northern part of the Island for Sure (IOM) Ltd. The improved coverage will support voice and HSPA (High Speed Packet Access). In order to support this, the applicants have indicated that is it is necessary to improve their core back haul transmission systems to carry this and any additional traffic generated by any new technologies due to be introduced in the near future.
3. The applicants have indicated "due to the inherent reliability issues associated with LOS (line of sight) radio it is essential this infrastructure be of a resilient nature. However appropriate termination points for this type of link on the North West coast of the IOM are very few and far between. The only suitable site being Jurby DHA mast 20 kilometres north of Peel. The combination of high data rates and long distance dictate the size of the required antenna."
4. In addition the applicants have indicated the proposed link would add resilience to their transmission links into Peel.
5. In the site selection process the applicant has indicated there are not other alternatives for this site as a major part of the plan is to provide resilience for Peel itself and so this link must terminate at the Peel Hill site. Furthermore, they have indicated "No other sites provide the necessary elevation and unobstructed views north required to make this link viable.
6. The applicant is proposing to install a new antenna onto a mast which is owned by the Department of Home Affairs. The proposal is clearly accords with Infrastructure Policy 3 of the Isle of Man Strategic Plan 2007.
7. In terms of the visual impact on the proposal, the proposed dish will be 1.8 m diameter. The applicants have designed the proposal so that the dish will not be skyline form of development. Peel Hill will act as a back drop to the dish. The applicant has suggested the dish could be sympathetically painted to blend in the natural flora of its back drop. Manx National Heritage has also suggested a similar approach as well. It considered this would reduce the visual impact of the dish, when viewed from a distance and from Peel Hill. This

can be controlled by attaching a condition to the planning approval. This would reduce significantly reduce the impact of the dish on the general locality.

1. In terms of the health issues of a telecommunication mast, the Isle of Man has no specific guidelines in how to deal with such concerns. However, the UK Government had advice in the form of Planning Policy Guidance Note 8 – Telecommunications (PPG8). PPG8 expressly advised that where a proposed telecommunications installation conforms to the recommendation of The Independent Expert Group on Mobile Phones (The Stewart Report) and 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.

1. This has now been replaced by the National Planning Policy Framework which advices that "Local planning authorities must determine applications on planning grounds. They should not seek to prevent competition between different operators, question the need for the telecommunications system, or determine health safeguards if the proposal meets International Commission guidelines for public exposure."

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

1. The Health and Safety Inspectorate is responsible for the monitoring of telecommunications installations to ensure compliance with the ICNIRP Guidelines.

Recommendation

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

Party Status

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

1. Manx National Heritage have commented on planning matters and as such should be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 16.08.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal

• C: Conditions for approval
• N: Notes attached to conditions
• R: Reasons for refusal
• O: 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 erection of a 1.8 m communications dish as shown in drawing numbers $062 / 110$ issue $B, 062 / 112$ issue $B, 062 / 113$ issue $B, 062 / 114$ issue $B$ date stamped 1st July 2013.

C 3. No development shall take place until details of the colour coating of the dish has been submitted to and approved in writing by the Planning Authority; and thereafter the development shall be carried out in accordance with the approved details.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00771/B Sure IOM Ltd Mounting of a 1.8 m communication dish on existing tower, DHA Tower Peel Hill Mill Road Peel Isle Of Man Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 03.07.2013, includes;

Dev Control Polygons: Reference Number: 06/02190/TEL Status: Deemed Consent - telecommunication appli Proposal: Installation of 2 antennas and 4 dishes onto existing mast and the installation of a radio cabinet within existing equipment room

Reference Number: 84/00908/A Status: Refused Proposal: Approval in principle to construction of radio aerial tower and transmitter building, Land adjoining existing aerial tower on Peel Hill, Patrick Reference Number: 00/00077/B Status: Permitted on Review Proposal: Erection of replacement building, replacement mast, location of new and existing antenna and dishes Reference Number: 05/01816/B Status: Permitted Proposal: Erection of security fencing Reference Number: 13/00771/B Status: Pending Consideration Proposal: Mounting of a 1.8 m communication dish on existing tower