Officer Report 12/00944/GB

Officer's Report

Application No.:	12/00944/GB
Applicant:	Cable And Wireless
Proposal:	Removal of four decorative block work panels and the installation of GRP decorative panels (In association with 12/00945/CON)
Site Address:	All Saints Church Alexander Drive Douglas Isle Of Man IM2 3QH
Case Officer:	Mr Ian Brooks
Photo Taken:
Site Visit:
Expected Decision Level:	Planning Committee

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION DUE TO THE NUMBER OF OBJECTIONS RECEIVED

Description Of Application Site

1. The application site is All Saints Church on Alexander Drive. The Church is a Registered building (RB.188). To the north west of the application site is the public highway of Alexander Drive and to the south west is the public highway of Primrose Avenue. To the south east of the application site is a service lane. On the opposite side of the service lane are the residential properties of 16 Primrose Avenue and 17 Selborne Road. To the north east of the application site is the public highway of Selborne Road.

1. The application site is located within the Woodbourne Road Conservation Area. The site is zoned as predominantly residential within the Douglas Local Plan 1998.

Proposal

1. The application is seeking planning permission for the removal of four decorative block work panels and the installation of GRP decorative panels.

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: GP2 and Environment Policy 32

1. Environment Policy 32 states that "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural interest will not be permitted"

1. Section 16(3) of the Town and Country Planning Act 1999 states that:

"In considering –

• (a) Whether to grant planning approval for development which affects a registered building or its setting, or
• (b) Whether to grant registered building consent for any works,

the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."

Relevant Planning History

1. There have been previous applications on the site, which are as follows:

12/00945/GB – Registered Building Consent for the installation of four telecommunications antenna inside existing bell tower and replace four decorative block work feature panels – Pending consideration

00/01754/B – Erection of a vestry – Granted 98/00329/D - Erection of advertising notice board – consent granted 90/00321/D - Signage on All Saints Church – consent granted 90/00014/B - Removal of section of parapet wall – granted

Representations

1. Douglas Borough Council has no objection

1. Cllr. J. Skinner has written in support of an objection from the occupier of Roslyn House, Alexander Drive and hopes the Planning Committee will take his comments and indeed those made by Ballakermeen School into consideration.

1. The occupiers of the following address have objected to the application on the following grounds: 1) Impact on Health, 2) Proximity of the mast to schools and 3) House value diminution:

The Ferns, 52 Alexander Drive, Douglas 38 Westbourne Drive, Douglas 24 Farrant Street, Douglas 29 Hildesley Road, Douglas 7 Alexander Drive, Douglas 13 Devonshire Road, Douglas 4 Marlborough Terrace, Douglas 8 Ballabrooie Way, Douglas 1 Westminster Drive, Douglas 16 Westminster Drive, Douglas 26 Westminster Terrace, Douglas 11 Primrose Avenue, Douglas

1. The occupier of the 7 Snaefell Crescent, Onchan have objected to the application on the following grounds: 1) Proximity of the mast to schools

1. The occupiers of White Lodge, Eleanora Drive have objected to the application on the following ground: 1) Impact on health.

1. The occupiers of Ballacoar, Eleanora Drive have objected on the following grounds:

1) Proposal is inconsistent and inappropriate in terms of the Douglas Local Plan, 2) Impact on health, 3) House Value diminution, and 4) The applicant has failed to give sufficient detail as to why the site is a suitable location.

1. The occupiers of Roslyn House, Alexander Drive have objected to the application on the following grounds: 1) whether they is the need for an antenna in the area, 2) Impact on health and 3) close proximity to a school.

1. The occupiers of 10 Queens Terrace have objected to the application on the following grounds: 1) The area is primarily residential, 2) Mobile strength doesn't need enhancing, 3) the site is inappropriate for commercial use, 4) close proximity to a large secondary school, 5) Impact on health, 6) Lack of information to justify why the site is acceptable, 7) possible effect the proposal will have on property prices and 8) their human rights to have peaceful enjoyment of their property.

1. The occupiers of 42 Albany Road have objected to the application on the following grounds: 1) Impact on health, 2) Mobile phone reception is perfectly fine and 3) The Church is a building of special architectural interest, and is in a Conservation Area – It should remain as it is.

1. The occupiers of 23 Primrose Avenue have objected to application on the following grounds: 1) They have no idea why this installation is necessary and have managed very well up to this point and 2) health and safety of those nearby must be considered as priority.

1. The occupier of 8 Selborne Drive have objected to the application on the following grounds: That telecommunications antennae should not be placed in the heart of a residential area.

1. The Estates Director of the Department of Education and Children has written in to record their concern to the application. The Estates Director makes the following comments:

• The bell tower is sited only some 200m from the Ballakermeen High School boundary.
• Concerned with the potential risk to school population being within such close proximity of the proposed installation.
• Note the application makes reference to conformity with ICNIRP Public Exposure guidelines – however the risk to the public and in particular those of school area will only be established over time. What is clear is that based on evidence collected, certain jurisdictions outside the UK have banned such installations in the proximity of the school grounds, and we consider that where there is such doubt and concern, a cautious approach to the siting should be taken.
• A recent similar application for a telecom antenna to be located adjacent to the new St Ninian's Lower School site at Bemahague was withdrawn by the applicant following the raising of similar concerns by the community – the mast would have been located a similar distance from the new school buildings, to that proposed under this application

1. The Head Teacher of Ballakermeen High School expresses the following concerns: 1) the close proximity of the antenna to school, 2) the effect it could have on students and those in primary schools, 3) the effect on other radio equipment within the school.

1. The Chair of the Governing body of Ballakermeen High School has objected to the application on the following grounds: 1) Close proximity to Ballakermeen High School and 2) Impact on health

1. The occupier of 1 Selborne Drive has objected to the application on the following grounds: 1) Actual and Perceived Impact on health, 2) the siting of antennas inside the All Saints Church would be contrary to their human rights under Article 8 of the Human Rights Act.

1. Also the occupier of 1 Selborne Drive supports the submissions of the occupiers of Ballacoar, Eleanora Drive.

1. The occupier of 15 Primrose Avenue has objected to the application on health grounds.

Procedural Matter

1. The application was originally advertised as the 'Installation of four telecommunication antenna inside existing bell tower and replace four decorative blockwork feature panels'.

1. However, on closer inspection of the application, it has become apparent the installation of the antennas is internal works which do not materially change the external appearance of the building, and thus, falls outside the definition of development defined in the Town and Country Planning Act 1999.

1. The objector's comments relate to the proposed installation of the antennas into the building and their comments cover the following issues.

• Impact on Health
• Devaluation of property
• Need for the antennas to be installed in the area
• Human Rights - Enjoyment of their property.
• Close proximity of the antennas to a High School

1. However, the application has since been re-advertised with a revised description of development to cover elements of the scheme that only require planning permission, i.e. the installation of GRP panels.

1. None of the objectors who have commented on the application have made any further representation on the revised proposal.

1. In the determination of this application, the Planning Authority is unable to take into account any of the comments submitted in relation to the proposed antennas as do not require planning permission. The assessment of this application is limited to whether the proposed GRP panels impact on the character and appearance of the Conservation Area and the setting of the Registered Building.

Conservation Officer'S Supplementary Report

1. As the property is a Registered Building (RB 188) and located within the Woodbourne Road Conservation Area, designated on the 1st September 2003, the content of this application has been considered with particular regard to General Policy 2, Environment Policies 32, 34 and 35 of the Isle of Man Strategic Plan (20th June 2007) as well as RB/3: general criteria applied in considering Registered Building applications and Policy RB/5 Alterations and Extensions and CA/2 Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

1. The actual impact on the Registered Building will be minimal involving the replacement of the concrete decorative blockwork lattice work with a GRP facsimile to allow the antennae located within the tower to work. The materials used in this aspect of the Registered Building are not overly historic or of such high quality as to suggest that their replacement is unacceptable. In itself, this should not have a detrimental impact on the character of the Registered Building, or the Conservation Area within which it is located as it should not look substantially different to that there. The installation of the equipment associated with the antennae is readily reversible and should not have a detrimental impact on the character of the Registered Building and are therefore acceptable.

Issues

1. The applicant has provided a sample of the GRP panel to be used along and photographs of existing blockwork. The applicant has achieved a near match with the

existing panel. It is considered the proposed panel would not look appear out of place when viewed from ground level or from a distance. The Conservation Officer also considers the internal works proposed will have minimal impact on the Registered Building.

1. In summary, it is considered the proposed would have minimal impact on the character and setting of the Registered Buildings and minimal impact on the character and appearance of the Conservation Area.

Conclusion

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

Party Status

1. The local authority [Douglas Borough Council] 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.

1. Cllr. J. Skinner is Ward Councillor for the area. This is very similar to MHK's who comment on planning applications and are not afforded party status. Following this practice, it is recommended that Cllr. J. Skinner is not afforded party status.

1. The following occupiers do not adjoin the application site and therefore should not be afforded party status:

• The Ferns, 52 Alexander Drive, Douglas
• 38 Westbourne Drive, Douglas
• 24 Farrant Street, Douglas
• 29 Hildesley Road, Douglas
• 7 Alexander Drive, Douglas
• 13 Devonshire Road, Douglas
• 4 Marlborough Terrace, Douglas
• 8 Ballabrooie Way, Douglas
• 1 Westminster Drive, Douglas
• 16 Westminster Drive, Douglas
• 26 Westminster Terrace, Douglas
• 11 Primrose Avenue, Douglas
• 7 Snaefell Crescent, Onchan
• White Lodge, Eleanora Drive
• Ballacoar, Eleanora Drive
• Roslyn House, Alexander Drive
• 10 Queens Terrace
• 42 Albany Road
• 23 Primrose Avenue
• 1 Selborne Drive
• 15 Primrose Avenue
• 8 Selborne Drive

1. The Estates Director of the Department of Education and Children and the Head Teacher of Ballakermeen High School and the Chair of the Governing body of Ballakermeen High School are concerned about the impact on the School; however, the school does not adjoin the application site and therefore these persons should not be afforded party status.

Recommendation

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 permission relates to the installation of GRP panels as shown in drawing numbers HLK/11/0381/1a, HLK/11/0381/2 and HLK/11/0381/3 date stamped 28th July 2012, Supporting Statement from Cable and Wireless date stamped 28th June 2012, Additional Information from Cable and Wireless date stamped 8th October 2012

C 3. Prior to the installation of the GRP Panels, a detailed plan showing the blockwork detail on the face of the panel and a cross-section of the panel showing the depth of the panel must be submitted to and approved in writing by the Planning Authority; and thereafter the panels must be constructed in accordance with the approved plans.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: ... Committee Meeting Date: ...

Signed: ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO