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23/01118/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01118/B Applicant : Sure (IOM) Ltd Proposal : To improve the existing Sure mobile site at the Colby Football Club, Colby, to move to a new area of the site and include a dedicated 15 m tower to support next generation Mobile phone network equipment Site Address : Colby AFC Clubhouse Main Road Colby Isle Of Man IM9 4LR
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : 01.02.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.01.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Unless otherwise approved in writing by the Department, any telecommunications cabinet, mounted equipment or telecommunications structure must be removed from the land on which it is situated, within 6 months of it no longer being required for telecommunications purposes, and such land must be restored to its condition before the development took place, so far as is practicable.
Reason: To ensure that any redundant infrastructure is removed and to comply with Strategic Plan Infrastructure Policy 3.
C 3. The development hereby approved shall not commence until further details of the antennas, dishes and remote radio heads to be installed have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and shall be retained as such thereafter unless a variation or alteration is permitted under Schedule 2 of the Town and Country Planning (Telecommunications) Development Order 2019 (or any alteration/replacement of that order).
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Reason: To ensure appropriate use of the mast for telecommunication equipment.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any amendment or replacement of that order) no fencing, walling or gates shall be erected at the site other than as shown on the approved plans shall be erected.
Reason: to ensure the development is carried out in accordance with the approved plans in the interests of the visual amenity of the area.
C 5. The proposed 1.25m high post and rail fence shall be painted dark green and maintained and retained in perpetuity.
Reason; To be inkeeping with a rural area.
C 6. No development shall be commenced on site until a planting scheme has been first submitted to and approved in writing by the Department showing details of existing and proposed type of native trees and bushes to bolster the existing levels of planting to those areas of open parts of the site, and a programme of implementation. All planting shall be carried out in accordance with the approved details.
Reason: In the interests of the wooded appearance of the development and the surrounding area.
C 7. The proposed telecoms mast and affixed communication equipment here by approved shall be no higher than the stated 15m when measured from the concrete base as shown on plan referenced; IoM_13/013 Rev.C
REASON To respect the existing heights of the flood lights.
C 8. The proposed antennas, dishes and RRU shall be coloured to match the monopole tower mast to which they are affixed.
REASON: To mitigate any visual impact.
This application has been recommended for approval for the following reason. The proposed application is not considered to harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, specifically those sections of Environmental Policy 22; General Policy 2 (b,c,g); and Infrastructure Policy 3 is recommended for approval.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 25th October 2023, referenced; IoM_13/010 B - Location Plan IoM_13/011 C- Site Plan IoM_13/012 C - Site Layout IoM_13/013 C - Site Elevation __
Interested Person Status - Additional Persons It is recommended the following Government Departments should be given Interested Person Status as they are 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 4(2):
o DoI Railways
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
THE SITE 1.1 The application site is a small parcel of land identified in red that sits within the wider curtilage of Colby football club and sports pitches. The site sits to the south of the railway line and to the south east of Station Park residential estate. To the wider north of the site is the residential catchment area of Colby and to the east is Ballabeg.
1.2 The site is currently a piece of unused scrub land that is grassed over adjacent to the hardstanding area used for car parking which serves the sports club and pitches. To the north of the site is a boundary hedge with some mature planting along its length but generally un- kept.
1.3 At present the current communication equipment is mounted onto two of the six 15m high flood lighting columns that surround one of the all-weather sports pitches. The columns and street lighting are all bare galvanised metals.
THE PROPOSAL 2.1 Planning permission is being sought for the erection of a new 15 meter high telecommunications tower, to which would be mounted: 3x panel antennas; 2x dishes; 6xRRU with associated ground equipment cabinets and two equipment cabinets (0.7x0.7x1.8m) on a concrete base. None of the equipment would be higher than the top of the 15m pole.
2.2 The proposed works would be enclosed within a new fenced off area with 1.25m high wooden post and rail fencing with wire mesh creating a compound area that would measures a footprint of 4.0m x 4.6m, essentially a concrete pad foundation.
2.3 The agent notes; "This application is to improve the existing Sure mobile site at the Colby Football Club, Colby, to move to a new area of the site and include a dedicated 15 m tower to support next generation Mobile phone network equipment." The existing communications equipment would be removed from the two existing monopoles but the poles would remain in place to support the existing flood lighting of the sports pitches below.
2.4 At present the specification of the 'antennas' and 'RRU's' specification are not known but the agents confirm; "Equipment Cabinets & Antenna sizes/locations and quantities are indicative as the final vendor decision has not yet been made, sizing will be confirmed with planning ahead of installation"
2.5 The application has been submitted by one of the Island's licensed operators (Sure Mobile) and is accompanied by a certificate of compliance with the World Health Organisation's ICNIRP guidelines for public exposure. (ICNIRP - "International Commission on Non-Ionising Radiation")
2.6 The applicant notes; "The proposed new mast will support up 3 x GSM/3G/LTE antenna plus next generation antenna equipment, up to 3 Line of site dishes and mast mounted Remote radio units (needed to support high orders of MIMO*)...The current structures are incapable of supporting newer equipment required to support the next generation of 4G network technologies. They are also incapable of support some current technologies, 2G, which will be prominent in future networks to support legacy voice services. 2G is not currently available at Colby due to the large size of the antenna required to support it".
PLANNING HISTORY
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3.1 12/01214/B - Erection of two mobile phone communications antenna and 300mm diameter microwave dish to existing floodlighting masts and creation of an enclosure to house associated electrical equipment. Approved.
3.2 11/01781/B - Lighting Scheme for the access road to new clubhouse and sports pitches. Approved & Approved at Appeal.
3.3 09/00340/B - Creation of a football ground with associated facilities to include club house, parking, tractor shed, drainage system, landscaping, lighting and fencing, including new vehicular access with entrance from Main Road and controlled railway barrier crossing. Approved & Approved at Appeal.
PLANNING POLICY 4.1 The application site is identified on the Area Plan for the South (Map 6 Colby & Ballabeg) as 'Open Space' with the specific use identified as a "Playing fields".
4.2 The site is not within a Conservation Area nor is it identified as being in an area at risk of flooding from surface water, river or tidal.
4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Development should make the best use of resources (c)
Spatial Policy 5 New development will be located within defined settlement.
General Policy 2 General Development Considerations (b,c,g) 3 Exceptions to development in the countryside (e)
Environment Policy 1 Protection of the countryside 22 (iii) Safeguarding the environment and/or the amenities of surrounding properties
Infrastructure Policy 3 Need for communications infrastructure versus environmental impacts
Transport Policy 3 not compromise the attraction of former or current rail routes
The text preceding Infrastructure Policy 3 is an important consideration where it states in paragraph 11.9.2; "The maintenance and improvement of these systems is likely to require the provision of new infrastructure; infrastructure required by private telecommunications operators is likely to be more extensive. It is important that a balance 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. New communications development should be in accordance with the provisions of this plan".
4.4 The Isle of Man government has an overarching series of strategies and policies that are considered materially relevant to the assessment of this application. This includes the Isle of Man Government Climate Change Plan 2022-2027; which promotes a more sustainable approach to living and working, one of which is remote working.
REPRESENTATIONS (this report only contain summaries - full reps can be read online) 5.1 Arbory and Rushen Parish Commissioners do not object (17.11.23)
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5.2 Highways Services do not object (03.11.23)
5.3 DOI (Public Transport) (14.12.23) queries the height and if the mast fell, would it land on the railway lines.
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
PRINCIPLE 6.1 The application is submitted by Sure Mobile, essentially due to the lack of available 3G/4G coverage in the wider residential area of Colby and Ballabeg, with customers presently having difficulty in accessing the mobile network. The proposed installation will have the capabilities to address both indoor and outdoor coverage demands within the surrounding area, whilst significantly increasing the level of coverage within the Colby area as demonstrated as part of the submission. The proposals also reflects the investment and modernisation of communications equipment on site.
6.2 In favour of the proposals is Infrastructure Policy 3 and its supporting text which advises that the maintenance and improvement of the Island's telecommunications systems will necessitate a balance to be struck between the need for new and evolving communications systems, particularly to satisfy the needs of residential and business demand, and the impact of such required development upon the environment.
6.3 The principle of development also further receives support from the Climate Change Plan 2022-2027 through improved network infrastructure that would allow for increased levels of home/remote working within the wider residential area. The residential catchment here is an important consideration, particularly given the Government's strategy for remote workings and the agent notes; "Good connectivity is vital to support this strategy and ensuring that areas of the island, such as a Colby, have high-capacity reliable mobile services to access the latest in technology is therefore key".
6.4 The "need" for the proposal can be substantiated in this instance given the existing telecoms infrastructure located in the immediate vicinity and this proposal seeks to enhance this through the investment with new technology and consolidate the equipment to one new mast that would work towards IP3.
LOCATION 6.5 The site sits immediately just outside of the defined residential settlement boundary of Colby, so technically would be contrary to SP4 as Colby and Ballabeg are identified as "village developments". For reference the railway line to the north of the site is the boundary of the settlement area for Colby. However the proposals are to serve those identified villages and adjoining rural area and there is allowance in Sp5 for development out outside of those identified settlements that are within the countryside that cross references GP3.
6.6 It must further be noted that this area where the site (identified in red) is located, is identified for development, specifically relating to sport fields and club houses in the APS. In terms of development outside of defined settlements General Policy 3 allows for such exceptions through part 'e', mainly for location dependant development in connection with the provision of necessary services. The proposal could find compliance in this instance through GP3e.
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6.7 In terms of relocating the mast and centralising all the communication systems to one pole the Agent notes; "The proposed new mast will have significant advantages over the current mast. The Proposed antenna will be mounted higher on the structure this will be a significant improvement and will lead to better user experience in this area. The proposed mast has the structural strength to support twice the number of antennae, over the existing mast, allowing more antenna to be added, therefor increasing the capacity of the site (combined with the addition of more electronics in the existing equipment cabin). The proposed mast will also have the capacity to support next generation network development.
6.8 The applicant has provided information on other sites which were considered in order to deliver the necessary infrastructure to increase network coverage, however it has been demonstrated that the selected site would provide the greatest coverage to the intended area of population with minimal topographic effect on signal propagation. Moreover, the existing mono-poles to which the flood lights are affixed, whilst being considered, was noted as not being able to cater for the quantity of equipment to support multiple communications equipment.
6.9 The agent notes; "The proposed Development is an upgrade of our existing Site, as the existing one can no longer support the demands of the local community in Colby. The physical structure of the existing flood light towers is not capable of supporting next generation antenna". Given this there relocation away from the exiting poles is warranted and would sit in an area of land currently not utilised as such this aspect would conform to Sp1, Sp5, GP3 and IP3. Arguably the man focus here for the determination is the potential for visual impact upon the character of the area being a 15m high mast on the landscape.
DESIGN AND VISUAL IMPACT 6.10 General policy 2 ensures any visual impact is considered and equally Environmental Policy 1 ensure there is no adverse visual harm to the wider countryside, especially given a mast at 15m could be visible from afar. The proposed design and specific siting of the proposed mast and its associated equipment will be visible on the landscape but needs careful consideration to ascertain whether this would be more detrimental than the current situation or would result in a visual improvement.
6.11 The opening sentence of Infrastructure Policy 3 is helpful when balancing the need and any visual impact, where it notes: "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." IP3 also encourages mast sharing, as there is no other network mast in this vicinity, it would not be possible, and a balance needs to be struck to ensure there is no visually intrusive masts in sensitive landscapes.
6.12 However it must be noted that when travelling along the main road from Ballabeg to the roundabout at Ballafesson Road (and vice -versa), when looking south, there is an overhead high voltage power cables and supporting telegraph poles on the landscape and is also identified on the Constraints Map 1 of the APS.
6.13 The proposed mast, of galvanised steel, would be one tapered frame work with an affixed access ladder with the communications equipment attached, would be no higher than the top of the pole (15m) and can be conditioned. The proposal would be visible, and not forgetting most of the mast would be affixed with various equipment (multiple mobile panel antennas/dishes/radio kit) towards the upper proportions, which would certainly be seen from nearby and also further afield. However this would be no higher (15m) or any more prominent than the existing poles to which equipment is currently mounted. The untreated colour of galvanised steel / grey would match with the existing masts for the floodlighting and street lighting and would be appropriate given the height that could be read against the skyline. It is important that any communications equipment is colour coded to match the mast to mitigate any visual impact and they are a unified colour. This can be secured through an appropriate worded condition.
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6.14 With that said, the telecoms tower being the most visible element of the proposal would clearly have some degree of visual impact over and above the existing telecom configuration affixed to floodlighting masts given the new location and dedicated mast. However, the magnitude of the development's intrusion upon the wider landscape setting here could be visible but the existing six 15m flood lighting columns (approved under 09/00340/B) were visible from a variety of areas to the north of the site at the time of the site visit. Namely, the junction with the Main road and Cronk Cullen, the same for the junction with Ard Wooilley, the junction with Ballacriy Park and the junction with Glen Road, essentially here the boundary treatment with the highway is a low (approx. 1m high sod hedge in parts) with views above facing south. Undoubtedly there would also be views from some of the dwellings in the area facing south.
6.15 From the upper elevation of Ballacriy park there will be views facing south, across and down towards the existing flood lights and the proposed location of the 15m mast. When standing opposite dwelling no.74 and 101 on the highway, you can see when looking south the existing flood lighting columns, so the 15m mast would equally be visible (approx. 670m away) but would not be read in isolation but amongst the exiting 6 flood lighting columns. As such in terms of visual intrusion from afar it would not be seen as an incongruous feature on the wider landscape.
6.16 Views of the mast would be partially visible with the junction to the application site from the main road and those properties fronting onto the main road in the immediate vicinity and also visible from the platform of the Colby train stop. Here a degree of additional planting / landscaping could assist in this instance for the lower proportions. However, the upper proportions would be visible and equally the same could be said from fleeting views from within the residential estate of Station Park (immediately to the north west). Additional planting to the north of the proposed site between the Mast and the railway line would be of benefit to mitigate the views when passing on the train and would also help ensure there is a degree of bio-diversity net gain from the proposals, especially if planted with Manx hedging and indigenous trees.
6.17 With regard to the associated cabinets their visual impact would be negligible and would not be seen as in conflict with policy leading to an adverse visual impact, over and above given the levels of existing development (fields, club house) on the wider site.
6.18 On balance, the benefits of providing the required equipment to increase network coverage are considered to outweigh the limited visual harm resulting from the development, particularly in the context of the Government's ambition to improve public infrastructure and promote remote/home working as part of the Government's plan to achieve net zero status for the Island by 2050. Equally it is also noted the local authority / commissioners here supported the application.
6.19 On this basis, it is considered that the proposal would not create any additional visual harm or intrusion into the site and surrounding area and would conform to those parts of Strategic Policy 1, General Policy 2(b,c) Environmental Policy 1 and Infrastructure Policy 3.
RESIDENTIAL AMENITY 6.20 The site is located approx. 60m to the north west, (namely; 36-39 Station Park, Colby) from the closest residential properties and at a slightly different level with the application site being lower which ensures that their residential amenities would not be materially affected through any loss of light, overbearing impact or loss of privacy and as a result of the proposals. Whilst noted above there will be views of the proposals from dwelling houses, this would be a view and the loss of a view or interruption of a view is not a material planning consideration, despite their being no objection to the proposals. The development is therefore compliant with General Policy 2(g) and Environmental Policy 22.
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6.21 The land to the north is designated for Strategic Reserve for residential development with further guidance in the APS written statement on when it should be released and general guidance for development on site. In terms of the proposal, it would not be seen to be detrimental to the use of the land for future residential development.
RAILWAY ROUTE 6.22 The proposals are located adjacent to the heritage Steam Train and tracks, approx. 10.6m to the north of the site. DOI raised a concern should the mast fall whether it would impact upon their rail route. The applicants have noted this and advised on 19/01/24 (which was circulated to DOI for comment);
6.23 "The proposed Monopole is 15 m high with the proposed position 10.6 m from the boundary with the Railway line. So there is a possibility that should the Mast fail, we have not had a single failure of this type of mast 18 years, then it could possibly encroach on the path of a train. There are currently a large number of potential structures and trees that should they fall, have a potential to encroach on the railway, we do not feel that our proposed Mast would significantly increase this risk. In addition, Proposed the Monopole wind survival is over 120 Km and if we have experienced winds in that range, I would expect our mast to be one of a large number of obstacles fallen on the railway". The applications also provided trade literature on the tower that notes their installation adjacent to railway lines.
6.24 The information and correspondence was circulated to the DoI and at the time of writing no further comments were received. On balance, this would not be perceived a detrimental issue arising on site and would not be seen to conflict with Transport Policy 3.
OTHER MATTERS 6.25 In terms of health issues associated with a telecommunication mast and the proximity to residential dwellings, 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.
6.26 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 compliance with the ICNIRP Guidelines. No concerns relating to the safety of the general public are therefore raised.
6.27 The proposed equipment to be affixed to the mast are shown on the plans with indicative sizes. As such, whilst the principle of the telecom functioning equipment affixed to the mast has been shown and the quantity of units, those specific details can be conditioned to ensure specifics and dimensions are submitted prior to commencement on site to ensure the mast is appropriately utilised for telecommunication equipment as shown on the plans.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf);
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(b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 12.02.2024
Signed : J SINGLETON 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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