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28 August 2014 14/00855/TEL Page 1 of 5 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00855/TEL Applicant : Manx Telecom Proposal : Installation of a replacement 8m high telecommunications monopole accommodating three antennas within a glass reinforced plastic shroud Site Address : Manx Telecom Transmitter Methodist Church Hall Baldrine Hill Baldrine Isle Of Man IM4 6DQ

Case Officer : Mr Edmond Riley Photo Taken : 27.07.2014 Site Visit : 27.07.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is part of the land area occupied by the Baldrine Methodist Church Hall adjacent Baldrine Hill; aside from part of the church hall, the site, which is flat, also includes a telecommunications transmitter. The transmitter is visible above the roof of the church hall and, although from some angles it sits within the context of a small group of trees that sit alongside it, those trees are also shorter than the mast itself. This relatively significant prominence is balanced a little by the presence of telephone poles and wires running along Baldrine Hill against which the transmitter blends somewhat.

2.0 PROPOSAL

2.1 The application is seeking approval for the installation of a replacement 8m high telecommunications monopole accommodating three antennas within a glass reinforced plastic shroud. The new monopole would be painted in a dark brown colour (BS08B29 ("Bitter Chocolate")), and would sit at exactly the same height as the existing monopole but roughly 0.5m further northwest. The antennae are shown within the monopole.

2.2 The application is accompanied by a certificate of compliance with the World Health Organisation's ICNIRP guidelines for public exposure. (ICNIRP is the initialism for the "International Commission on Non-Ionising Radiation".)

3.0 DEVELOPMENT PLAN POLICIES

3.1 The site is zoned as "predominantly residential" in the Laxey and Lonan Area Plan Order 2005. The sole relevant policy within the Order is L/TRT/PR/5, which reads: "No development will be permitted where this would have an adverse impact on the appearance, character, setting or amenities of any railway building, facility or along the track where any view from the Manx Electric, Groudle or Snaefell Mountain Railways would be adversely affected".

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28 August 2014 14/00855/TEL Page 2 of 5 3.2 Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2 and Infrastructure Policy 3.

General Policy 2 "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

Infrastructure Policy 3: "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."

4.0 PLANNING HISTORY

4.1 Approval was granted under PA 07/00179/TEL for "Installation of an 8m high monopole mast, with associated equipment cabin". This was approved contrary to the officer recommendation, with the recommended reason for refusal being: "The prior notification proposes the installation of a substantial telecommunications mast with associated development in a prominent location and would result in a conspicuous and incongruous development out of keeping and scale with the surrounding area. More specifically the proposal:-

"(a) would be contrary to Policy L/TRT/PR/5 of the Laxey and Lonan Area Plan Order 2005 in that by virtue of its siting and height it would result in the introduction of a conspicuous and incongruous feature which does not respect the appearance, character and setting of the Manx Electric Railway to the detriment of the visual amenities of the Manx Electric Railway and

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28 August 2014 14/00855/TEL Page 3 of 5 "(b) would by virtue of siting, and height in that it would result in the introduction of a conspicuous and incongruous development which is out of keeping and scale with the surrounding locality when viewed from the A2 and from the public footpath set to the west of the application site to the detriment of the visual amenities of the area.

Furthermore, the applicant has failed to demonstrate that there are no technically feasible less harmful alternative to the scheme proposed."

4.2 The recommendation was overturned by the Chairman of the Planning Committee.

5.0 CONSULTATION / REPRESENTATIONS

5.1 A site notice was displayed by the Department on 27th July 2014.

5.2 Consultation letters were sent to the local authority and the Director of Public Health.

5.3 Lonan Parish Commissioners has no objection to the planning application.

6.0 ASSESSMENT

6.1 Under the Town and Country Planning (Permitted Development) (Telecommunications) Order 2013, permission is granted for the erection of masts under 15 metres high for telecommunication purposes.

6.2 Telecommunication companies who wish to exercise this development right have to inform the Department via a prior notification procedure. This notification then gives the Department the opportunity to consider the siting and design of the proposed installation, which is the circumstance here.

6.3 The Department, having concluded that prior approval to the siting and design is required, must determine whether or not the details submitted are acceptable (leading to an approval) or not acceptable (leading to a refusal).

6.4 A telecommunications prior notification application such as this one limits the Department's consideration of the proposals to the siting and design of the proposed installation. Infrastructure Policy 3 is perhaps the key policy.

6.5 In this regard, it must be noted that the principle of the monopole has been established by the approval in 2007; the new pole would be of a broadly identical size and shape - slightly larger at the top, but otherwise identical - compared to the existing. The dark brown colour is considered appropriate for the site's treed backdrop and relatively prominent location (which was addressed as part of the 2007 application). On this basis, it is considered that the siting and design is unobjectionable.

6.6 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.

6.7 The application is accompanied by a certificate of compliance with the World Health Organisation ICNIRP guidelines for public exposure, and the 'Health and Safety at Work Inspectorate' is responsible for the monitoring of telecommunications installations to ensure

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28 August 2014 14/00855/TEL Page 4 of 5 compliance with the ICNIRP Guidelines. It is also noted that the Director of Public Health raises no objection, albeit he did not make a representation to this application.

7.0 CONCLUSION AND RECOMMENDATION

7.1 It is concluded there are no sustainable grounds to oppose this proposal and therefore the recommendation is that, since the details submitted seeking prior approval of the siting and appearance of the development are acceptable, the application should be approved.

7.2 A time limit of five years is set out within the Telecommunications Order 2013 and, as such, no condition to this end is required to be attached to any approval notice that may be forthcoming.

8.0 INTERESTED PERSON STATUS

8.1 The local authority (Lonan Parish Commissioners) is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, Article 6(5)(d) and Paragraph 3(10) of the Town and Country Planning (Permitted Development) (Telecommunications) Order 2013, considered "interested persons", and as such should be afforded interested person status.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

15.08.2014

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. In the event of the monopole and cabinets erected under this approval become redundant they must be taken down along with all ancillary infrastructure and be removed from the site within 3 months of the cessation of use and the land restored back to its previous state.

Reason: In the interests of the character and appearance of the site and surrounding area.

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This approval relates to the following plans and information, date-stamped as having been received 18th July 2014: BALDRINE/100 Rev.1; BALDRINE/201 Rev.1; BALDRINE/202 Rev.4; BALDRINE/301 Rev.2; BALDRINE/302 Rev.4, and the Supporting Information document.

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28 August 2014 14/00855/TEL Page 5 of 5 I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 18th August 2014

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed : Michael Gallagher Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management