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19/00129/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00129/B Applicant : Bluewave Communications Ltd Proposal : Erection of a 40m high mast with supporting structure, boundary fence and ancillary buildings Site Address : Old BBC Transmitting Site Old Castletown Road Douglas Isle Of Man
Head of Development Management: Mr S Butler Photo Taken : 07.03.2019 Site Visit : 07.03.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.06.2019 __
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. Notwithstanding drawing number no 19/14/A (date stamped as having been received 08/02/19) prior to the development hereby approved being brought into use, Paladin fencing shall be erected around the site to a height of no more than 2.15 metres and powder coated dark green. The fencing shall be retained as such thereafter, unless required to be removed by condition 5.
Reason: In the interest of visual amenity.
C 3. The building hereby approved shall be coloured to match the existing building on the site unless otherwise approved in writing by the Department.
Reason: In the interest of visual amenity.
C 4. No generator shall be installed on the site unless in accordance with details which have first been approved in writing by the Department.
Reason: For the avoidance of doubt and to protect the visual amenities of the area.
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C 5. Unless otherwise approved in writing by the Department, the mast, fencing, building, generator and slab hereby approved shall be removed from the site within 6 months of the site no longer being in use.
Reason: To protect the visual amenities of the countryside from unwarranted development.
Plans/Drawings/Information;
This approval relates to the following drawings and information:
Interested Person Status - Additional Persons
It is recommended that the Department of Health and Social Care (Public Health) should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations.
It is recommended that the Manx Wildlife Trust should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Operational Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL DIRECTORATE
1.0 THE APPLICATION SITE 1.1 The site is located within an area of countryside to the south of Douglas. There is a 20 metre high mast on the site and associated building. Access to the site is via a half kilometre long metalled track from the highway. Two other masts occupy the vicinity within their respective compounds each approximately 40m in height. Also present are large satellite antennae nearby.
1.2 The site is potentially visible from a number of public locations but from each of these at a fairly significant distance. The closest views are from the access track to the site (from Castletown Road) which is within private ownership. Other distant public views may be found along the Old Castletown Road in the area of Quine's Hill and in and around the area of Kewaigue Hill/Cooil Road roundabout (A5/A6). However, the associated buildings structures tend to be read against the low level vegetation that is found on the edges of the site. The weather is also likely to have a considerable difference in what can and can't be seen from the views outlined.
2.0 THE PROPOSAL 2.1 The application seeks approval for:
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2.2 The applicant is BlueWave who have been present on the Island since 2010. They indicate that they moved from Internet Service Provider Status to full operator status in April 2018 and wish to invest further in telecommunications, including high speed broadband technology using an existing mast site, the "Old BBC Transmitter Site". Their supporting information states, "As a point of operational necessity, we currently require mast space in order to transmit telecommunications through our licenced spectrum on the Isle of Man to Isle of Man residents, companies and communities. We currently site share on various different masts around the Island, however after investing heavily in line of sight calculation software and LIDAR maps of the island we found that the existing site at Carnane provided the best coverage to the largest populous of the Island and two significant business hubs, both the East and South of the Island, including but not limited to many rural areas currently lacking in adequate connectivity speeds. Not only will the new mast be safer and fit for purpose, it will also have the correct load bearing capability for the modern telecoms equipment we will be installing, ensuring the demands of future technologies. BlueWave wishes to retain its low-cost pricing structure for homes and businesses on the Island. It is currently not possible to stay competitive based on the rental of mast space on third party masts".
2.3 The applicants have indicated that they have selected the application site because, "the land currently has one building and a 20m mast housed in fencing. The proposed redevelopment is an improved development and replacement of an existing redundant mast. This land was considered due its historical use as a telecommunications mast site".
The applicants are aware that the site has been classified as part of a wildlife site and state, "After discussions, we feel that there will be minimal disruption to this part of the larger wildlife site. We would only clear any vegetation that is necessary for works and when considering the overall impact in terms of the integrity of the wider site, it can be seen as is low impact. BlueWave considered the culminative impact on the surrounding area and the mast site will be no more or less impactful than the other masts on the same hilltop and have no impact on wildlife. However, as we are considerate of Wildlife zoning, BlueWave will commission a wildlife report and take account of the recommendations therein when proposed redevelopment works are undertaken".
3.0 PLANNING HISTORY 3.1 There are a number of similar applications for similar development nearby, including:
3.2 The above were subject to four conditions (start within 4 years, colour of fencing, nature of rock used in access track and removal if no longer required)
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4.0 PLANNING POLICY
4.1 The site 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.
4.2 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.
4.3 In view of this, it is considered that there are a number of relevant polices from the Isle of Man Strategic Plan 2016 in the determination of this application. In particular, Infrastructure Policy 3 is relevant and which states: "A balance must be struck between the need for new, evolving communications systems to satisfy residential and business demand and the impact that the necessary infrastructure will have 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".
4.4 It is also considered that the following policies are relevant (but it is to be remembered that the site is zoned for the development proposed):
Other Material Planning Considerations 4.5 Programme for Government 2016 - 2021 (approved in Tynwald) states the Governments strategic objectives for the next five years and identifies the initial priorities. One of the three main objectives being "An Island of Enterprise and Opportunity"
4.6 There are a number of objectives within this document which could be considered relevant to this application, as set out below. o "We have an economy where local entrepreneurship is supported and thriving and more new businesses are choosing to call the Isle of Man home" o "We have a diverse economy where people choose to work and invest" o "We have an infrastructure which supports social and economic wellbeing" o "We have utilities that support our Island communities and businesses" o "We have a planning system which supports sustainable growth"
4.7 In terms of policies within this document, those set out below could be considered relevant. o "Create an environment that allows businesses to thrive and flourish" o "Continue to invest in and support businesses at all stages of growth and work to attract new enterprise" o "Maintain our reputation at the forefront of innovation and emerging technologies and respond quickly to new business models" o "Ensure we are a digital Island, ready for new technologies like 5G, so we remain competitive now and in the future"
5.0 REPRESENTATIONS
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5.1 Braddan Parish Commissioners and Manx Utilities have been consulted and no observations received at the time of writing.
5.2 DOI Highway Services commented on 12/06/19 that there was no highways interest, but that the applicant should contact Highway Services if necessary to discuss access to/from the site from the public highway during the works for large construction vehicles.
5.3 The Director of Public Health commented on 02/05/19 and confirmed - In terms of evidence for health impacts of RF EMF, from a PH perspective we accept the evidence based recommendations of ICNIRP in respect of exposure thresholds. This application has a Declaration of Conformity with ICNIRP guidelines and we have no concerns to raise regarding impact on health. We are aware that ICNIRP is currently reviewing the exposure guidelines. However, we have not been advised by Public Health England (or any other specialised health protection agency) that there is any new evidence which should lead to our taking a more cautious approach to the current guidelines whilst the update is awaited.
5.4 The Manx Wildlife Trust commented on 03/04/19 and raised a number of concerns, as they feel the information is not clear, namely:
5.5 The applicant has provided a supplementary statement in response to the above comments, which was circulated to those who had commented. Any comments received after this report will be reported as a verbal update to the committee.
6.0 ASSESSMENT 6.1 The key issues to consider when determining the application are;
6.2 Principle of Development 6.2.1 There is a broadly supportive policy framework for telecommunications development and the proposal would also meet some of the Polices and Objections of the Programme for Government 2016 - 2021. Furthermore, the site is zoned for telecommunications equipment and is currently used as such. The proposal will enable the reuse/replacement of an existing site. It is therefore considered that the principle of the development is acceptable.
6.3 Visual Impact 6.3.1 It must be noted that the application is not supported by detailed consideration of landscape impact. However, the amount of information required in relation to an application is proportionate to the nature of the proposal. In this case, it is noted that the proposal is to redevelop an existing site where there are other (currently larger) masts in existence. It is likely that the buildings, generator and fence will not be especially visible while the tower itself would replace (albeit it doubling in height), a feature of the landscape for some time.
6.3.2 Towards the north end of Douglas Promenade and towards Port Jack views are most likely to be apparent, albeit distant views. There are of course the others towers which are partially apparent, as well as an older second world war structure, Douglas Head Apartments building, The Point Apartments and Douglas Lighthouse all of which already break the same skyline, most more so then the proposal would.
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6.3.3 Views of the tower will be achievable from a number of locations within the vicinity, mainly the North and West of the site. However, these would be views from distances and read against existing structures in the area. Furthermore, this proposal would replace an existing structure. Therefore, on balance it is not considered that visual impact is sufficient to justify refusal of the application.
6.4 Wildlife Impact 6.4.1 Again, the proposal includes limited information in relation to wildlife. It is noted that Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to (a) minimise disturbance...". The proposal reuses an existing site with new infrastructure to some extent on the footprint of existing, and this in itself minimises the impact, compared to developing a new site. On balance this is not considered to justify refusal of the application.
6.5 Health 6.5.1 In support of this application, the applicant has furnished a Certificate of Conformity of ICNIRP Guidelines based of the evidence based exposure levels of this equipment in respect of RF & EMF from a public health perspective to the satisfaction of the Governments Department of Health and Social Care.
7.0 CONCLUSION 7.1 Infrastructure Policy 3 advises that a balance needs to be struck between the continuing requirement for new, evolving communications systems to meet current and future residential and business demand and the impact that the necessary infrastructure will have upon the environment. This policy also advises that a balance be achieved to avoid visually intrusive masts in sensitive landscapes, by the encouragement of mast and site sharing together with the removal of equipment as it becomes redundant. In this respect, the proposed mast would reuse an existing site and be located within an area containing other similar masts as well as ground based satellite antennae and would, in effect share an established telecommunications 'campus' without any significantly increased detriment to the character and integrity of the local landscape. However, the equipment, if approved would be conditioned to be removed should it fall out of use.
7.2 The proposal would assist in providing for essential telecommunications infrastructure to serve the Island in compliance with guidance contained within the Strategic Objectives as indicated in the Isle of Man Strategic Plan 2016 and Infrastructure Policy 3. The overall character and visual integrity of the surrounding Area of High Landscape or Coastal Value and Scenic Significance would not be adversely affected by this development.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) 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; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 24.06.2019
Signed : S BUTLER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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