DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01171/B Applicant: Mr James Reilly Proposal: Installation of 3No antenna, 1No dish, erection of 1No equipment enclosure and installation of ancillary apparatus Site Address: Field 334703 Communications Cabinet Raby Farm Main Road Glen Maye Isle Of Man IM5 3AU Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.12.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposals are considered to be acceptable in principle by providing additional on-site telecommunications equipment to be mounted on and within equipment infrastructure, without detriment to the visual amenities of the locality or highway safety. The proposals are therefore deemed compliant with General Policy 2 (b) & (c), General Policy 3 (e) and Infrastructure Policy 3 of the Strategic Plan (2016).

Plans/Drawings/Information;

This approval relates to drawings referenced; 140793-00-000-MD004, 140793-00-002-MD004, 140793-33-100-MD004, 140793-33-150-MD004, 140793-00-010-ML001, 140793-00-004-ML001 and covering letter, received 26.09.22.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises an existing telecommunications compound at the southern end of field no. 334703, which includes a 20m high triangular lattice tower and associated equipment and cabinets, surrounded by a 1.2m high timber fence. - 1.2 The site is enclosed by trees on the southern and western sides, with additional trees dotted to the immediate north-east. The existing compound is accessed by a winding track working its way eastward towards Raby Farm and the main road (A27), and lies approximately 0.4 miles to the north-west of the small village of Glen Maye. The site is well isolated with no residential properties within close proximity.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the installation of 3 no. antenna, 1 no. dish on the existing tower and associated equipment at ground level. This would include a small enclosure on a gantry pole with 150mm cable trays above and below to cover power and cable route, the installation of new low level trunking from the duct exit to a new external switchless fused spur on an existing gantry pole, and an additional cable to be connected to a new breaker installed within an existing shared meter cabinet. - 2.2 The application has been submitted by Cellnex UK which requires the equipment to be installed as part of a broadband network especially designed for the shipping industry where built-in antenna tracking technology communicates a wireless signal from ships to the land, and thus keeping vessels connected to the site at all times. The existing facility at the site has been chosen as this will provide the required location for the new broadband network.

3.0 PLANNING HISTORY - 3.1 08/01045/B - Installation of equipment cabin - Permitted - 3.2 08/00769/B - Installation of equipment cabinets - Refused - 3.3 07/00053/B - Installation of equipment cabinets and ancillary development - Permitted

4.0 PLANNING POLICY - 4.1 The application site is identified on the 1982 Development Plan as 'white land' and within an area of countryside that is not designated for development. The site is not within a Conservation Area.

4.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages
• 4b Protection of the landscape and biodiversity
• 5 Design and visual impact Spatial Policy

5 New development will be located within defined settlement. Development in the countryside will only be permitted in accordance with General Policy 3

General Policy 2b,c,g General Development Considerations

• 3e Exceptions to development in the countryside

Environment Policy 1 Protection of the countryside 22 Safeguarding the environment and/or the amenities of surrounding properties

Infrastructure Policy

• 3 Need for communications infrastructure versus environmental impacts
• 4.4 It is also pertinent to consider the prior approval allowing for certain works under the Town and Country Planning (Telecommunications) Development Order 2019.
• 5.0 REPRESENTATIONS

5.1 Patrick Parish Commissioners - It is unclear from the application whether the existing antenna will remain as well or be remove. Concerns raised over access arrangements, and feel that further and better information is required on this to assess full scope of the installation (27.10.22)

5.2 Highways Services - No Highways Interest (07.10.22) - 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (GP3, IP3)
• - Design and visual impact (GP2 b and c)
• - Highway safety (GP2, h)
• - Other matters

- 6.2 PRINCIPLE

• 6.2.1 The site falls outside of a defined settlement boundary within the open countryside. General Policy 3 advises that whilst development will not normally be permitted outside of those areas which are zoned for development. One such exception to this however comprises location dependent development in connection with the provision of necessary services.
• 6.2.2 Equally, Infrastructure Policy 3 and its supporting text advises that the maintenance and improvement of the Island's telecommunications systems will necessitate a balance to be struck between the need for new and evolving communications systems, particularly to satisfy the needs of residential and business demand, and the impact of such required development 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.
• 6.2.3 The application is submitted by Cellnex UK on the basis of providing a new broadband apparatus to be used by the shipping industry, and would share an existing telecommunications mast and facility with Manx Telecom which is operated by Arqiva.

• 6.2.6 Given the above, the proposals are considered to gain support in principle, subject to compliance with other relevant policies of the Development Plan, particularly in relation to visual and highways impact, as discussed further below.

- 6.3 DESIGN AND VISUAL IMPACT

6.3.1 From a visual perspective, the additional equipment proposed at the site is considered to be minimal and such that it would be read within the context of the existing mast and associated ancillary structure/equipment within the compound. The proposals are not considered to result in a material visual impact upon the wider landscape, and are therefore acceptable from a visual impact perspective, in compliance with General Policy 2 (b) & (c).

- 6.5 HIGHWAY SAFETY

• 6.5.1 Whilst concerns have been raised on access by the Local Authority, no issues have been raised by Highways Services with respect to the impact of the proposals on highway safety, with the level of installation proposed considered to be minimal in the context of the existing site and its present operational output. The development is therefore acceptable in this regard in accordance with General Policy 2 (h).

6.6 OTHER MATTERS

• 6.6.1 In terms of health issues associated with a telecommunication mast, the Isle of Man has no specific guidelines in how to deal with such concerns. However, guidance in the United Kingdom (since replaced with less specific guidance) 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.

• 6.6.2 Whilst no information has been provided has identifying the safe operating limits of the antenna to ICNIRP tolerances, it is recognised that the equipment would be installed on an existing telecommunications tower which is extremely isolated and surrounded by a secure compound. No concerns are therefore raised in this regard.
• 6.6.3 Whilst the Local Authority has queried as to whether existing antenna would be retained or removed, it does not appear from the submitted plans that existing equipment would be removed from the site, with the proposals seeking to introduce additional equipment for the purposes of providing a new broadband network to be used by the shipping industry whilst making use of existing infrastructure on site.

- 7.0 CONCLUSION

7.1 The proposals are considered to be acceptable in principle by providing additional onsite telecommunications equipment to be mount on and within equipment infrastructure, without detriment to the visual amenities of the locality or highway safety. The proposals are therefore deemed compliant with General Policy 2 (b) & (c), General Policy 3 (e) and Infrastructure Policy 3 of the Strategic Plan (2016), and recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 16.12.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.