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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00257/TEL Applicant : Sure IOM Ltd Proposal : Prior Approval application for the erection of a 15 meter shrouded monopole and associated telecoms cabinets under schedule 3 of Telecoms Order 2019 Site Address : Vacant Plot Woodbourne Lane Douglas Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 21.04.2020 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1 It is considered that it cannot be determined that the development would not have a harmful impact on the visual impact on residential amenity; the visual impact on the character and appearance of the area; the impact on any designated conservation area and thus fails to accord with Schedule 7 a (part), b and c and Schedule 8 of the Order.

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Interested Person Status - Additional Persons N/A __

Officer’s Report

PROCESS 1.1 The Town and Country Planning (Telecommunciations) Development Order 2019 sets out different processes by which proposals for the installation of telecommunications equipment can be considered. In some circumstances, development can be considered to be "permitted" if it is to be installed by or on behalf of a licensed operator and complies with particular criteria. If a licensed operator cannot comply with these requirements, they can apply for Prior Approval if the development complies with another set of criteria. If the installer cannot comply with these requirements, or if the installer is not a licensed operator, a full, detailed planning application must be sought and granted before the development may lawfully be installed.

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1.2 In all cases for permitted or prior approval, the development must be in accordance with the installer's licence, be in full compliance with the requirements of the radio frequency public exposure guidelines of the ICNIRP. The development may also not contravene any condition lawfully imposed on a grant of planning approval for the use or development of the land or building concerned, may not involve the creation or alteration of an access to a highway used by vehicular traffic or create an obstruction to the view of persons using such a highway or the access itself. The development may not interfere with the operation of the Airport or any harbour. The development may not be within a footway which is narrower than 1,500mm including any street furniture or would reduce the available width to less than 1,500mm. The development may not take place in, on, over or under a Registered Building or Ancient Monument, land within the curtilage of a Registered Building or land which is designated as an ASSI. Development may not involve or result in the felling, lopping or limbing of any tree nor interfere with the root system of any tree.

1.3 If approved, any such equipment or structure must be removed within 6 months of it no longer being required for telecommunications purposes.

THE PROPOSAL 2.1 The application seeks prior approval for the installation of a 15m tall Shrouded Monopole including antenna and 5 small cabinets along with a 1.8m tall wooden fence. The installation is intended to improve mobile telephone coverage for residents and businesses in the area. The pole is to be erected on the ground and will be approximately 7m taller than the nearest buildings according to the drawings submitted.

2.2 The structure itself (the pole) is 15m tall with a 400mm high finial type element on top of this. 6 antennae which have an area of 4m by 1m wide, are attached at a height of 11m and encased in a shroud so that the antennae themselves are not visible.

2.3 The fencing is 1.8m high and close mesh construction.

2.4 The cabinets are in two parts - one is a row of four and are 0.6m by 0.48m by 0.9m (h) positioned to the north west of the pole and the other is positioned to the east of the pole and is 1m by 0.34m and 1.13m (h).

2.5 All of the structures are to be positioned in the northern section of the site.

2.6 The application contains information which explains that the site has been chosen to that it is least visible to the public other than from a 60m stretch along Woodbourne Lane. If this application is approved, the applicant does not foresee any further applications for the Selborne Road or Woodbourne Road area as this installation will meet the needs of the residents in this area. The application responds to a very poor coverage and without it there is no prospect of 5G or even reliable 2G, 3G or 4G services for the residents of the area. They have been looking for a potential site in this area for 12 years and this is the best technical solution they have found. The installation will reduce the load congestion on the heavily congested Sure Mobile sites on Circular Road, Pulrose Power Station and the Police Headquarters on Glencrutchery Road. The Government's Digital Inclusion Strategy 2016-2021 recognises the importance of online access and also the benefits to employment, training, and addressing wider social issues and supporting economic growth. Up to 800 homes will benefit from the improvement in coverage that this installation will provide.

2.7 The application includes a Declaration of Conformity with ICNIRP Public Exposure Guidelines.

THE SITE 3.1 The site is an open piece of land which is backed onto by a number of dwellings, some of which front onto Tennis Road, some onto Alexander Drive (Woodbourne Villas) and the nearest

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units are 1-8, Tennis Court which sit 5.5m from the proposed boundary fence. There are also some light industrial and commercial uses in the area including some next to the site off Woodbourne Lane.

3.2 The site is generally open, it formerly having accommodated a large building which is since been demolished. An application for use of the site as a car park was refused 16/01298/C at appeal for reasons relating to highway safety and the scale which would be harmfully out of character with the local area and uses and thus contrary to GPc and g (character and appearance of the area and amenities of local residents) and EP22 (pollution - vibration, odour or light pollution) and EP35 (Conservation Areas).

3.3 Planning approval was granted for the conversion of an office to residential use at Woodbourne House which lies adjacent to the site, to the east, annotated as "Existing building" on submitted drawing IOM_XX/012.

PLANNING POLICY 4.1 The site lies within the Selborne Drive Conservation Area. The Woodbourne Hotel which is around 65m to the south east of the site. This is described in the Conservation Area Appraisal as one of the "most distinctive and distinguished buildings in the Area". Whilst not directly applicable to this application for Prior Approval, development within a Conservation Area is generally required to preserve or enhance the character or appearance of the Area as set out in Environment Policy 35 and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man). The site is within an area of Predominantly Residential use on the Douglas Local Plan 1998.

4.2 The Order requires that no part of the structure is 15m in height, or 0.3m in diameter. There are no criteria for equipment mounted on telecommunications structures

Matters for consideration 4.3 SCHEDULE 4 (7) The Department must only consider the following factors in determining an application-

(a) the visual and noise impact on residential amenity; (b) the visual impact on the character and appearance of the area; (c) the impact on any designated conservation area; and (d) the impact on any designated watercourse.

(8) The Department must only approve an application if it considers that the development would not have a material negative impact in relation to any of the factors specified in sub-paragraph (7).

(9) The Department must adopt a precautionary approach and in cases of doubt it must assume a material negative impact.

ASSESSMENT 5.1 The Telecommunications Order makes no provision for the erection of fencing. As such, this element of the application would need planning approval unless it complies with any element of the Town and Country (Permitted Development) Order 2012. As the site lies within a Conservation Area, there is no Permitted Development for the erection of fencing. As such, planning permission is required for this element of the scheme and Prior Approval cannot be granted for it.

5.2 The development otherwise accords with the General Conditions 1-8 inclusive in Schedule 1 of the Order and the individual criteria for cabinets (taken individually) and structures sets out in Part 1 and Part 2 of Schedule 3 of the Order. The development is therefore eligible for consideration for Prior Approval.

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5.3 The proposed development comprises elements which will have a minimal impact (the cabinets) and ones which will have a more significant impact (the pole and shrouded antennae). The cabinets have no purpose unless the pole and antennae are also erected. As such, it is not considered appropriate to separate each of the elements and consider and determine each separately.

5.4 The pole and antennae will be very close to residential property - 9m from Tennis Court and a similar distance from Woodbourne House. They would also be directly behind 5, Tennis Road and 6, 7 and 8, Woodbourne Villas. As such, it is not considered that it is possible to determine without doubt that the proposal will not result in an harmful impact on the visual impact of the residential amenities of these dwellings.

5.5 The previous application for the car park was refused on the basis that it would be harmfully out of character with the local area. As such, it is not considered possible to determine that in this case, the development for a structure and a significant one at that, would not adversely affect the visual impact on the character and appearance of the area.

5.6 The pole and antenna will be taller than the surrounding buildings and would be likely to be visible from the surrounding roads which are within a Conservation Area. As such, it is not possible to determine that the development would not have a harmful impact on the character and appearance of the Conservation Area.

5.7 The development would not have any impact on a watercourse.

5.8 It is likely that the cabinets themselves would comply with the requirements of the Order and would not have an effect which could be considered to be objectionable. However, given their inextricable asociation with the elements which are not considered to be acceptable, it is not recommended that these elements should be considered acceptable in this case.

CONCLUSION 6.1 The Order requires consideration to be given to a number of factors and in this case it is considered that it cannot be determined that the development would not have a harmful impact on the visual impact on residential amenity; the visual impact on the character and appearance of the area; the impact on any designated conservation area and thus fails to accord with Schedule 7 a (part), b and c and Schedule 8 of the Order. As the Department is recommended to adopt a precautionary approach (Schedule 9) this application is recommended for refusal. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date : 21.04.2020

Determining officer Signed : S BUTLER Stephen Butler

Head of Development Management

Customer note

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