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17/00082/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00082/B Applicant : SES Satellite Leasing Ltd Proposal : Erection of four satellite ground antennas with related buildings and security fencing (comprising amendments to PA 16/00266/B) Site Address : Carnane Radio Site Adjacent To Upper Howe Farm Old Castletown Road Douglas Isle Of Man
Case Officer : Mr Edmond Riley Photo Taken : 22.02.2017 Site Visit : 22.02.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 INTRODUCTION 1.1 The application the subject of this report is very similar to one approved just under a year ago in the same area (PA 16/00266/B), albeit with a different red line application site. As the proposed works were considered to comply with the Local Plan zoning, the application was determined under delegated authority; that remains the case here.
1.2 PA 16/00266/B gained approval for the "Erection of four satellite ground antennas with related buildings and security fencing", subject to conditions limiting the implementation to four years, defining the colour and make-up of the fencing and access track, and finally requiring the antennas' removal in the event that they become redundant.
1.3 The general premise of the current application is identical to that approved under PA 16/00266/B, but with the following alterations:
o The application site, which previously included solely the area where works were proposed, now includes the roughly 1.5km access track to the site from the Castletown Road highway (this is how the application site should have been drawn under the 16/00266/B and while it is not a major issue it is appropriate that this oversight be addressed); o The westernmost antenna is to be lowered in altitude by 0.7m; o Reduce the footprint of the associated power building, which will also be pushed slightly further into the natural slope of the site; o Some changes to the building's elevations are also proposed in terms of the removal of metal grilles and their replacement with brick to match the remainder of the walls, as well as new external doors along with an associated staircase; o A retaining wall to the rear of the site is no longer proposed, and instead either natural rock facing or a block or wooden wall is proposed "as technically required". It should be noted that no such wall is shown on the application drawings; o The two equipment cabins and the access track internal to the site will sit slightly higher than the approved cabins and track. The applicant explains that less rock will be excavated to enable this.
1.4 The applicant contacted the Department for advice and was advised that while the alterations proposed were likely to be considered acceptable they still reflected a material change
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from the development approved in 2016. This application was accordingly submitted. With the principle of the works accepted so recently, it is perhaps unsurprising that the number of representations received in respect of the previous application (which were all in favour) is not repeated in respect of the application the subject of this report.
1.5 Some limited ground works have been undertaken on the site, but any development is at a very early stage indeed.
2.0 THE APPLICATION SITE 2.1 The substantive part of the application site is an almost triangular-shaped parcel of land situated immediately south of the shorter of the two towers at Carnane. Connected to this is a roughly 1.5km-long unadopted access track that connects the site to Castletown Road. No works are proposed within this track.
2.2 The triangular parcel of land is at present entirely open and slopes down in a southern direction noticeably but fairly consistently. Elsewhere are the isolated towers operated by Arqiva and the Department for Home Affairs - measuring 77m and 40m in height respectively - for various transmitting purposes, along with small associated buildings housing equipment.
1.2 The site is visible from a number of public locations but from each of these at a fairly significant distance. Aside from the towers, the building associated with the DHA tower is the most visible of the associated structures in the area, but it would also be fair to say these structures tend to be read against the low level vegetation that is found on the edges of the site. Moreover, it is the towers themselves that are the most dominant of the built features here, from wherever they are viewed. It is true that the closest views of the site are achievable from the nearby Upper Howe Farm, to the southeast, but this as well as the entirety of the access track to the site (from Castletown Road) are within private ownership.
3.0 PLANNING HISTORY 3.1 Of clear material relevance here is the approval issued to PA 16/00266/B. The case officer described that proposal as follows:
"Full planning approval is sought for the erection of four satellite antenna dishes on the site, along with two buildings to host the antenna electronics, a back-up power generator and a meter cabinet. The dishes are the largest element of the proposal: each would measure just less than 10m above ground level in their most elevated positions, though because they can (and will need to) be tilted the height is understood to be likely between 8.5m and 9.6m above ground level. They are shown coloured white in the two photomontages. Each would be erected on a roughly 50sqm concrete pads of roughly 40cm in height, though the land would need to be levelled for these to be laid. The Statement submitted with the application is clear that any extraction from the site would be used for filling thereon, and so no import or export of material will occur. The antennae, which are understood to have a lifespan of roughly 15 years, would be evenly spaced across a roughly 80m area of land, with the buildings inbetween.
"An access track is shown on the approach to the land, which would connect to the existing track that services the existing buildings. Also proposed is a 2m-high fence made from welded mesh and with barbed wire atop to surround the site; this is described as being "e.g. green" in the accompanying Statement. In addition to this there would be some landscaping and retaining walls within the newly created compound. Finally, a single CCTV camera is shown atop a 4m-high pole at the northeastern edge of the site adjacent the access gates.
"The equipment buildings would be finished with brick to match the existing DHA building nearby.
"The helpful Statement explains the need and purpose behind the proposal. The antennae will control satellites and thereby provide broadband access to remote locations, such as at sea (oil rigs) and also in the air; in essence, they are communications satellites. At present, the applicant uses
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third party earth station services in other jurisdictions: the proposal would enable them to "grow by insourcing this business".
"The Statement goes on to explain that the site was chosen because it represents the least visually obtrusive option of those sites meeting the technical requirements of line-of-sight to the horizon. This requires an obstacle-free line-of-sight to the whole horizon, which in turn requires an elevated position as well as a south-facing one on the Island - the hilly centre of the Island would block south-facing antennae in the north of the Island. The application site was chosen because only it and Creg-ny-Baa on the Island benefit from unobstructed views, and the latter was discounted "because of its landmark character and the widely visual presence", in addition to access difficulties during the motorsport events and the lack of a redundant power supply on the site were issues.
"Following on from this, the applicant has prepared a visual impact analysis of the proposal's implementation from various sites, and photographs and photomontages are provided within the Statement. He concludes that "the vegetation and buildings prevent views of the public to the antennas" with only "some road sections provid[ing] unobstructed views to the Carnane site", arguing that "the parabolic dishes will appear as 'bumps' of recognised at all as human-made objects against the visually dominating high Arqiva and DHA towers", further noting that the site will not be illuminated at night - again unlike the Arqiva tower.
"In separate correspondence, the applicant noted that the antennae will be coloured white. They have dismissed grey because this could make them look old and tired at the outset and also give them the touch of a military facility. He further notes that the sky is always brighter than any object, and therefore the dishes should also be as bright as possible so that when they are read against it the contrast between the two levels of brightness is limited. They also note that there is a significant extra cost to colour the antennae, and that the international standard colour is plain white."
3.2 The conditions on the decision notice read as follows:
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. For the avoidance of doubt, the two metre-high fencing shown on approved Plan ES1-013, date- stamped as having been received 4th March 2016, shall be dark green in colour unless otherwise agreed in advance with the Department.
Reason: In the interest of reducing the visual impact of the fencing in view of its prominent location on this hillside.
C 3. The hardstanding to be used for the access track shall be formed of local acid rock unless otherwise agreed in advance with the Department.
Reason: In the interest of protecting the heathland habitat in the area, which requires an acidic basis.
C 4. If any of the antennae are no longer required or used for the purpose stated in the application, they must be removed from site and the ground restored to its current condition within six months of the cessation of use.
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Reason: to protect the countryside from unwarranted development.
3.3 It is perhaps also worth noting the comments received from private sector organisations in favour of that application, summarised in the previous report as follows:
"The owner of OceanWeb Ltd., 10 Church Road, Port Erin, in comments received 29th March 2016, writes in support of the application. He comments that the satellites would enable his business to provide better service for existing and new maritime customers, benefitting the Isle of Man economy."
"The Chairman of Beckmann Group and Managing Director of Connect Media, Kionedrighad Farm, Orrisdale, in comments received 14th March 2016, writes in support of the application. He notes that a number of major channel owners have showed interest in relocating their businesses to the Island once Earth Stations and maybe "playout facilities" are operational. They also identify that the applicants are "a cornerstone of the island's future connectivity infrastructure to attract and grow the creative industry sector"."
"The CEO of the Manx ICT Association, Barrule House, Ronaldsway Estate, in comments received 23rd March 2016, writes in support of the application. He identifies that the development proposed has a very long payback period and so this gives credibility to the applicants' desire to provide a long-term investment and support the case for construction. The letter also identifies that the application would support the Vision 2020 Government Strategy, with communications underpinning all of the e-business activity the MICTA undertake, with the addition of Earth Stations supporting onward growth."
"The founder and owner of isis digital Ltd., 13 North Quay, Douglas, in comments received 31st March 2016, writes in support of the application for the following reasons: (1) SES is a significant market operator and the significant uplink and downlink data traffic capabilities that would be provided from the four antennae are currently unavailable on the Island; (2) the proposal will allow for uplink original or rebroadcast content directly from the Island, allowing new content producers and aggregators to fully base their operations here; (3) the combination of satellite and internet distribution will encourage further operators to the Island; (4) the new antennae will reduce the cost burden for TV and content business becoming profitable; (5) a new professional sector to support this growth can be encouraged on the back of the proposal, and (6) the proposal represents a serious long-term investment by a world leader and the proposal endorses both their and the Island's ambitions for this sector."
"The Sales Director of Manx Telecom, Isle of Man Business Park, in comments received 5th April 2016, writes in support of the application. She states that the applicant is a world-renowned global leader in the field of satellite communications and increased activity and presence will help business activity across all sectors in the Island. She further identifies that the antennae will help Manx Telecom along with the Government deliver on the 2020 Strategy, and also sends a statement of intent that SES are committed to the Island."
3.4 No objections were received to the application from the Communications Commission, Braddan Commissioners or from the Senior Biodiversity Officer following the submission of a document by the Manx Wildlife Trust into the queries raised. The self-same report now forms a part of the current application submission.
3.5 The case officer's assessment of that application is set out below:
"The site is zoned for the kind of development proposed; it is also designated as a Wildlife Site, which Environment Policies 4 and 5 combine to clearly indicate that any development approved in such an area should either be subject to mitigation measures or be demonstrated as having no
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negative impacts thereon. As such, the proposal's impact on biodiversity as well as the visual impact arising thereof are the key issues for assessment.
"The helpful Statement provided by the applicant shows from where the site is currently visible from public positions: these are generally from a significant distance and, as noted at the outset of the report, are such as to mean that the buildings at Carnane are not especially visible while the towers themselves are, and have been, a feature of the landscape for decades. The most sensitive locations for viewing the site are perhaps those from the Douglas Promenade, from one point in Peel Road in Douglas, and also from the roundabout of the A5 and A6.
"Each of these is sufficiently far away to mean that the additional development, though discernible, will not be so markedly different from the existing situation as to result in a harmfully adverse impact on the character of the area. The new antennae will break the horizon when viewed from certain of the distant locations, but not in a manner that has not already been undertaken with the existing buildings, against which the antennae will be read far more appreciably than against the wholly different scale of the towers. The same is concluded in respect of the associated equipment cabinets proposed. The fact that the new structures will, when viewed, largely be seen as sitting in between the existing towers and associated buildings is such that the site will not be perceived as 'spreading out' and instead will remain satisfactorily 'contained' in visual terms.
"One area from where visual impact has not been assessed in the Statement is from the sea: the ferry navigation route brings it fairly close to the coast and the site is certainly visible from here. However, and similarly to the above, the distances involved as well as the existing structures are such that an objection on this point would be difficult to sustain.
"In view of the above, it is considered that the proposal is acceptable in visual impact terms and will consequently not unduly affect the character of the countryside in this location; it therefore is concluded to comply with General Policy 2 as well as Environment Policy 2.
"In terms of the impact on the biodiversity offer on the site, a report has been commissioned from the Manx Wildlife Trust by the applicant to quantify this. The report, which was subsequently provided to the Department and now forms a part of the application, identifies the heathland habitat as being fairly limited in quality here, although the potential (in respect of invertebrates and reptiles) is quite high. At present, however, the MWT seem fairly comfortable with the proposal, with their report concluding that the "the proposed development is unlikely to seriously impact the ecological interest of the lowland heath here". They also suggest that the access track should be of acid rock rather than recycled aggregate or limestone. This is something that should be controlled by condition since the acid rock will be more appropriate to the landscape and also the heathland, which requires an acidic basis on which to establish.
"The report highlights that the proposal would not affect the wildlife value of this site, while also recommending some management techniques appropriate for the site as a whole. While these would fail the lawfulness tests required of Planning conditions, the statement that the access track offers an "important area of open habitat in the heathland", and as such the application comes with something of an in-built mitigation measure by adding to this openness a little. As such, it is considered that the proposal would therefore comply with Environment Policies 4 and 5, subject also to a condition relating to the finish of the access track.
"It is therefore considered the case that the application proposes a sustainable form of economic development on the Island in a well-considered location. The support from other business owners in respect of what the proposal can offer is not altogether surprising yet does highlight the economic development benefits that may very well arise from the scheme. This is an important material consideration and helps give the application extra weight in its favour.
"Turning to other matters, the submitted plans include reference to a number of small, man-made and natural landscape features - retaining walls, fencing, landscape strips - and there is limited
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detail on this within the application. However, the visual impact of the site has been concluded to be such, in addition to the fact that the height of these features are shown, that a condition seeking further details on this would be unnecessary in this instance. Were public access more readily achievable nearby, such a condition would almost certainly be sought. Requiring the fencing be green unless otherwise agreed in advance with the Department would be appropriate, however, in view of the fact that what is proposed is significant in height and length and, even from a distance, a brighter colour would be readily discernible against the fairly neutral / natural colours of the hillside."
4.0 THE PROPOSAL 4.1 As already outlined, planning approval is now sought for essentially the same works subject to the alterations as described in paragraph 1.3 of this report. The full details of the proposal have been submitted along with an updated Supporting Statement.
5.0 THE DEVELOPMENT PLAN 5.1 The part of the site where works are proposed is located within an area zoned as "Transmitting Station Carnane" on the Braddan Parish District Local Plan (South) 3 map. It is on the very southwestern boundary of the zoned land, but even though the Plan is old its zoning remains quite clear and, from the site visit, was clearly related to an existing stone wall and clear landscape features. It is similarly zoned as "Radio Transmitting Station" on the 1982 Development Plan, where it is also designated as being of High Landscape Value.
5.2 The site is also within a designated Wildlife Site. This is not a statutory designation, but is a site assessed for its value and given protection by the Manx Wildlife Trust, who were responsible for the designation in the first place on the basis of a clear understanding of the value of the site. This is discussed further in the Assessment section of this report.
5.3 In view of this, it is considered that General Policy 2 and Environment Poliies 4 and 5 of the Strategic Plan apply. The wording of Environment Policy 2 and Infrastructure Policy 3 are helpful, but it is to be remembered that the site is zoned for the development proposed.
5.4 The existing access track falls within an area not zoned for any particular purpose - but it is again to be remembered that no development is proposed within this part of the application site.
6.0 REPRESENTATIONS 6.1 Highway Services of the Department of Infrastructure offered no objection in comments received 24th February 2017.
6.2 Braddan Parish Commissioners offered no objection to the application in comments received 17th February 2017.
7.0 ASSESSMENT 7.1 The extent approval on the site is a clear material consideration in favour of the proposal. While all applications must be treated on their own merits, it remains reasonable to give particular regard in this instance to the changes between the current and approved schemes.
7.2 The applicant, who prepared the Supporting Statement, is of the view that all of the alterations proposed would result in a visual improvement relative to the approved scheme. This argument is accepted for the majority of the changes proposed, which as a whole would result in a lower amount of built development on the site and in a manner that would be largely lower or less obvious than the approved scheme. The sole exception to this is with respect to the equipment cabins, which would sit slightly higher under the current scheme. However, the cabins being roughly 0.4m higher under would not have a materially harmful effect in terms of the resulting visual impact.
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7.3 As with the previous scheme, the main issue is the long-view visual impact of the site. The minor changes proposed will, it is considered, result in a neutral impact from these longer views. Up close, the changes proposed will probably result in a slight betterment and this is to be welcomed. The removal from the scheme of the long retaining wall is probably of most benefit.
8.0 CONCLUSION AND RECOMMENDATION 8.1 Overall, then, the scheme is considered to represent a slight improvement over what is a well-considered proposal that complies with the zoning of the site and appears likely to bring economic benefit to the Island. There is no reason to take a different view to that previously reached on this site, and the conditions previously attached remain appropriate on this occasion. A slight alteration to the wording of Condition 3 is appropriate given that there is now a significantly larger access track within the application site than was the case under PA 16/00266/B.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; o The Highways Division of the Department of Infrastructure; and o The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.02.2017
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. For the avoidance of doubt, the two metre-high fencing shown on approved Plan ES1-013 Rev C, date-stamped as having been received 25th January 2017, shall be dark green in colour unless otherwise agreed in advance with the Department.
Reason: In the interest of reducing the visual impact of the fencing in view of its prominent location on this hillside.
C 3. Any hardcore or gravel material used to make up or maintain the access track within the application site shall be formed of local acid rock unless otherwise agreed in advance with the Department.
Reason: In the interest of protecting the heathland habitat in the area, which requires an acidic basis.
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C 4. If any of the antennae are no longer required or used for the purpose stated in the application, they must be removed from site and the ground restored to its previous condition within six months of the cessation of use.
Reason: to protect the countryside from unwarranted development.
The development hereby approved relates to the Drawings ES1-010 Rev D, ES1-011 Rev D, ES1-012 Rev C, ES1-013 Rev C, ES1-014 Rev C, ES1-015 Rev C, ES1-016 Rev B, ES1-017 Rev C, ES1-018 Rev B, all date-stamped as having been received 25th January 2017.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 01.03.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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