28 October 2005 · Planning Committee on review
Westhill Farm, Jurby Road, Lezayre, Ramsey, Isle Of Man, IM7 2ea
The proposal was for an extendable amateur radio mast reaching up to 24m in height with an aerial, to be installed in the garden of Westhill Farm, a residential property on Jurby Road in the open countryside near Ramsey.
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The Planning Committee determined that the site is a residential property in an area not zoned for development under the 1982 Plan, and the substantial extendable telecommunications mast in a prominen…
General Policy 3
Prohibits development outside areas zoned on Area Plans except specific exceptions (e.g. infill, agriculture, essential services); none apply to amateur radio mast. Officer assessed proposal fails as site unzoned rural residential, not essential service or other exception.
Environment Policy 1
Protects countryside for its own sake; development must maintain/enhance or show overriding national need. Assessed as adversely affecting countryside via conspicuous feature; no overriding need for personal amateur mast.
Environment Policy 4
Protects open countryside landscape/ecology; only exceptional cases per other policies. Proposal in open countryside not exceptional, harms rural character despite applicant's claims of existing masts/power poles.
Infrastructure Policy 4 (Communications)
Balances communications needs against environment; presumption against intrusive masts, favour sharing/alternatives unless national need. Amateur mast not strategic/national, visually intrusive in sensitive rural location despite non-commercial use.
Supports appeal; no interference issues if properly installed; amateur masts present few planning problems per PPG8 para 80; offers expert attendance
This type of amateur installation operating within licence would not normally cause interference to adjacent domestic TV with proper aerial
No objection; lack of visual impact
Mixed responses to the amateur radio mast application: Highways Division and Ofcom have no objection, RSGB strongly supports, Manx National Heritage objects due to landscape and archaeological impacts, BBC expresses caution regarding interference risks.
Key concern: highly intrusive structure into an open rural landscape of considerable scenic attractiveness
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following applications, the applications having been considered and having no adverse traffic impacts.
Ofcom
No Objectionwe do not deal with planning applications in relation to the erection of radio masts.; this type of radio amateur installation, operating within its licence specification would not normally cause interference to an adjacent domestic television installation, with a properly fitted aerial system.
Manx National Heritage
ObjectionThe Planning Committee is therefore asked to consider the application very carefully; The Committee is therefore asked, if minded to approve the application... to include a condition requiring the eventual removal of the mast.; The Committee is also asked, if minded to approve, to include a condition requiring archaeological recording ahead of any groundworks.
Conditions requested: condition requiring the eventual removal of the mast; condition requiring archaeological recording ahead of any groundworks
Radio Society of Great Britain
Supportwelcomes the opportunity to support the appeal against planning permission; PPG 8... asks Local Planning Authorities to respond positively to applications for radio aerials; amateur radio masts should not present potential planning problems as regards size or other serious impact on local amenities
Radio Society of Great Britain
Supportwe wish to make the following comments in support of the appellant; poses no threat whatsoever to any other radio services; quality of HF amateur radio reception is not a valid planning consideration
BBC
Conditional No ObjectionWe generally recommend caution in approving high power, tall mast amateur radio applications.; Clearly the most conservative approach is to reject applications over a certain height and power.
Conditions requested: grant permission only subject to a trial period; subject to the user undertaking to shield the equipment to the satisfaction of local authorities
Planning permission was refused by the Planning Committee on 28 October 2005 and confirmed on review on 27 January 2006 for reasons of visual impact in open countryside contrary to emerging policies GP3, EP1, EP4 and IP4. The appellant argued the mast was similar to an existing nearby mast, visually insignificant due to screening and distance, supported by UK guidance (PPG8, NPPG19), and offered removal conditions. The Council defended the refusal on countryside protection and visual incongruity. The Inspector found no material harm to visual amenities from public viewpoints, especially if conditioned to retracted position when not in use, outweighed any minor harm by the householder's hobby needs, and recommended allowing the appeal subject to conditions including retraction when not in use and removal on cessation of occupancy.
Precedent Value
This appeal sets precedent that amateur radio masts in rural residential curtilages can be allowed if visual harm is minor/conditionable and no interference evidence, even absent zoning or policy exception, balancing householder leisure needs. Future applicants should prioritise distance/perspective evidence, offer strict conditions, and cite UK telecom guidance.
Inspector: Andrew D Kirby RD* MA MSc FRTPI
