17 March 2004 · Minister for Local Government and the Environment on appeal (Inspector R E Wilson report)
Plot Of Land 50m Off Left Hand Side Of Estate Road Clock Tower Industrial Estate Foxdale Douglas
The proposal involved erecting a 12.5m high slim-line grey galvanised steel monopole with integral antennas and a dark green equipment cabin on unused land within the light industrial zoned Clock Tower Industrial Estate in Foxdale, Patrick parish, to provide 3G mobile coverage.
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Inspector distinguished this industrial site from rural appeals 03/1853 and 03/1855, noting it is in light industrial zoning per Foxdale Local Plan 1999, close to industrial buildings and conifers red…
Draft Strategic Plan - Communications
Requires balancing communications infrastructure need against environmental impact, with presumption against visually intrusive masts in sensitive landscapes, encouraging sharing and redundant removal. Officer assessed industrial location as low visual impact but CoTA aims supported prematurity refusal pending wider need assessment; no sharing possible locally.
no adverse traffic impact
Manx National Heritage objects strongly to the visual intrusion and lack of proven demand for the 3G mast; DAFF requests a condition regarding Japanese Knotweed; Patrick Parish Commissioners raise parishioner concerns and request information; Highways Division has no objection.
Key concern: visual intrusion on landscape from telecommunications mast
Manx National Heritage
Objectionthe visual intrusion caused by these features is significant; further unplanned and unchecked proliferation of such features in the 220-square mile landscape must be avoided; Manx Telecom may not actually be operating a 3G system at this time; 3G has only so far been tested as a trial system, and that the equipment has not only been switched off, but actually transferred to Ireland
Department of Agriculture Fisheries and Forestry
Conditional No ObjectionJapanese Knotweed (Fallopia japonica) has been recorded at the proposed application site; it is an offence under the Wildlife Act to introduce this species to a new site
Conditions requested: if the application is approved a notification should be attached to the agreement to the effect of "Japanese Knotweed Fallopia japonica is present on this site. This is a highly invasive and destructive species and is controlled by both the Wildlife Act 1990 and is listed on the Weeds Act 1957 as injurious. This must be dealt with in an appropriate and responsible manner and the advice of the Department of Agriculture, Fisheries and Forestry should be sought in this respect"
Patrick Parish Commissioners
No CommentConcerns have been expressed by a number of parishioners about the mast; request that Manx Telecom supply the following information: 1. What is the colour of the mast 2. Give information about the EMF's and signal strength and supply a polar diagram
Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts
The Planning Committee approved three applications for telecom masts: a 12.5m monopole in an industrial estate (03/1852), a 12m pole behind residential properties (03/1853), and an 8m monopole near a farm (03/1855). Manx National Heritage (MNH) appealed all three, arguing insufficient need justification, prematurity given emerging CoTA policies against mast proliferation, and visual harm especially in scenic areas. The applicant (Manx Telecom) and Committee defended the approvals citing low visual impact, no mast-sharing options, proven demand, and compliance with draft policies. The inspector found 03/1852 acceptable in its industrial location but deemed 03/1853 and 03/1855 premature in high landscape value countryside pending CoTA review of coverage needs. The Minister accepted the recommendations, confirming approval for 03/1852 and refusing the others.
Precedent Value
Appeals can succeed against approvals in scenic areas if prematurity via emerging mast policies demonstrated; industrial sites remain favourable, but rural/high landscape proposals need robust multi-site justification.
Inspector: R E Wilson
