Officer Planning Report

Planning Report And Recommendations {{table:156688}} {{table:156689}} {{table:156690}} {{table:156691}} ### Considerations {{table:156692}} ### Written Representations ### Consultations

Officer's Report

Site

• The application site is a telecommunication mast site at Ballacollister Farm. The site comprises of an existing 40m lattice mast which accommodates broadcast equipment plus emergency services equipment and mobile phone apparatus on behalf of Manx Telecom.
• At ground level there are 3 equipment cabins.
• The site is zoned as an Area for Government or Service Department Purposes and the site is identified as mast on the 2005 Area Plan.

Proposed Development

• The application is proposing to install three cabinets within the existing compound.
• These will measure as follows:

Electrical meter cabinet – 1.2m x 0.5m x 1.4m

Planning Status And Relevant Policies

• The Lazey and Lonan Area Plan Order 2005.
• Isle of Man Strategic Plan (Modified Draft) (November 2004)

Planning History

• 98/01902 - Installation of 3 No. dual polar antenna to replace existing Manx omni antenna and ancillary development – granted 23.03.1999

Representations

• Laxey Village Commissioners have no objection to the proposal.
• The Occupier of 2 Glen View wishes to object to the application and has made the following comments:
• Firstly the applicant states that he has been advised by planning that he does not require specific consent for the erection of an antenna/dishes on the mast itself. I believe this information is totally erroneous. The Town and Country Planning (Permitted Development) Order 2005 Schedule 1 Class 12 g (ii) states in effect that permitted development order does not "in the case of antennas other than dishes antenna the operation would result in the presence on the building or structure of more than three antenna systems"
• Quite whist is meant by a system and mast (the various uses of the word in the clause are ambiguous) and precisely who operates on the structure is not clear; however there are at present at least 5 antenna all above 15m in height (information supplied as part of PA 00/1603). The current proposal adds 3 antenna and 4 dishes to these. Moreover I imagine the cumulative size of the dishes given 4 are proposed must be over 3.5m oven if anyone dish is not over 1.3m (clause g(i)).
• Secondly the cumulative effect of the proposal on it own let alone in combination whit those existing even on a mast the size of South Cape is extremely ugly.
• Moreover, why may not all the different systems unite under one housing – as at Snaefell where it is understood 6/7 operators utilise the larger of the buildings and a smaller number the lower building. Why should a flock of huts be acceptable just because the site is not particular visible from the nearest public highway – they can be seen from across the valley and such long distance sight has been utilised to refuse permission for a single gas tank before now so why should yet another utilitarian hut be acceptable.
• Thirdly the cumulative effect on nearby properties (not forgetting that the adjacent field has some zoning for development) will be very negative in terms of their reception as well as visual impact. The more systems one puts up the worse FM reception in particular grows.
• All this when there is absolutely no proof of need. I have become aware that the growing existence of antenna and dishes for additional mobile phone systems is being used as an excuse to remove essential public phone boxes; perhaps not yet in Laxey but certainly this has occurred in Government Offices. Yet additional mobile phone systems in close proximity to houses may themselves pose a public health risk.
• The provisions of The Telecommunications Act 1984 are "to secure that there are provided throughout the Island, save in so far as the provision thereof is impracticable or not reasonably practicable, such telecommunications services as satisfy all reasonable demand for them including in particular services linking the Island with countries outside the Island, emergency services, public call box services and services in rural areas"

• The proposal is not required to meet this need – it is already met. Moreover no doubt if permitted is may be utilised to justify the removal of phone boxes which are still essential for those who cannot afford or do not wish to have mobile phones imposed on them.

• The nearest houses at South Cape are 110m from the mast not 120m and there are 45 dwellings within 200m. There should be much greater justification given before approving more antenna within such short distance of such a large number of properties.

• As the antenna are not justified there is no reason to permit a further hut on site and this should be refused.

Assessment

• In May 2006, the Communications Commission licensed two operators to offer mobile telephone service in the Isle of Man. These were Cable & Wireless Isle of Man Ltd and Wire9, through its Manx subsidiary Cloud9.

• In November 2006, the applicant on behalf of Cable and Wireless approached the Directorate for a determination whether the proposed antennas, dishes and equipment cabinets required planning permission.

• It was determined that the equipment cabinets where the only installations which require planning permission, as it was considered the installation of the antennas and dishes would not materially change the external appearance of the mast and therefore would not constitute development.

• This application is one of three recently submitted applications for external cabinets at various locations across the island.

• The proposed cabinets will be located within an existing compound area where other buildings and cabins exist, which are in association with the 40m high mast.

• The proposed equipment cabinets are of standard design and size. The applicant has indicated that the cabinets will be colour coated green. 2 of the existing equipment cabins are green. I therefore consider the proposed colour coating would be appropriate and helps to reduce the impact of the cabinets within the locality.

• The objector is more concerned about the antenna system. This is not part of the planning application. Therefore it is not appropriate to question the need of the antenna system and its health effects on nearby residents. Furthermore, it is not appropriate to question the impact of the antenna system on radio and TV receptions. The application is just for the installation of equipment cabinets for an antenna system which does not require planning.

• The objector also refers to the installation of a cabin/hut in her letter to the Directorate. For a point of clarity the application is not proposing the installation of a equipment cabin. The application is proposing the installation of cabinets which are smaller and can only accommodate equipment. Unlike a cabin where it can accommodate all the equipment within a service room for an engineer to enter and service the equipment.

Recommendation

I therefore recommend that planning permission be granted subject to conditions in the attached schedule.

Party Status

The Department of Transport 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.

The resident of 2 Glen View is not an adjoining landowner and therefore does not accord with Government Circular 1/06 and therefore should not be granted party status in this instance. Furthermore, the objector raises point which fall outside the scope of the planning application and therefore can not be considered by the planning authority.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 15.02.2007

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 permission relates to the installation of equipment cabinets and ancillary development as shown in drawing numbers 18843.004/1, 18843.005/1, 18843_28_150_M02_02, 18843_28_100_M02_02, 18843_28_101_M03_03 date stamped 21st January 2007, Letter from National Grid Wireless dated 20th December 2006 and email from National Grid Wireless dated 13th March regarding the colour coating of the cabinets.

C 3. Within one month of the installation of the equipment cabinets hereby approved, they shall be colour coated in full accordance with the approved details. Any replacement or modification shall be colour coated to match within one month of being carried out.

C 4. In the event of the equipment cabinets erected under this approval becoming redundant it must be taken down and removed from the site within 3 months of cessation of use.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date : 14/7/07

Signed : M. I. McCauley Director of Planning and Building Control