DEC Decision Notice

Arch-Tec (IOM) Ltd Architectural Design Consultants Architectural Studio 7 Olafs Close Governors Hill Douglas Isle Of Man IM2 7AR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by BlueWave Communications Ltd, Ref 21/00917/B, for the Installation of RaDome telecommunication equipment, access track and perimeter fencing (retrospective) at Bluewave Complex Transmitter Site Carnane Transmitter Site Old Castletown Road Douglas IM4 1AF.

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. No fencing shall be erected at the site other than that shown on approved plans 1576.RD1 and RD2, and whilst retained on site that fencing shall remain dark green in colour.

Reason: In the interest of reducing the visual impact of the fencing in view of its prominent location on this hillside.

• 2. Any hardcore or gravel material used to make up or maintain the access track within the application site shall be formed of local acid rock unless otherwise agreed in advance with the Department.

Reason: In the interest of protecting the heathland habitat in the area, which requires an acidic basis.

• 3. If any of the radomes are no longer required or used for the purpose stated in the application, they must be removed from site and the ground restored to its previous condition within six months of the cessation of use. Reason: to protect the visual amenities countryside from unwarranted development. This decisions relates to the following plans/drawings:

• - Documents - Cover Letter from Blue Wave (applicant)

• - Drawing Register, which indicates the location plan shows all of land under applicant's control (which does not include the access track)
• - Application Form
• - Site Survey and Location Plan (drawing 1576.RD1)
• - Plan Entitled Location Plan (which only shows land in applicant's ownership)
• - Site Plan, Elevations and Photos (drawing 1576.RD2)
• - E-mail from applicant (05.10.21) and attached certificate

This decision has been made for the following reasons(s) The proposal is considered to comply with the land use zoning in the Area Plan for the East (2020) and to be in accordance with Strategic Plan Infrastructure Policy 3. It will contribute to the wider aspirations to develop telecommunications infrastructure as set out in those plans and the National Telecommunications Strategy (2018). No unacceptable impacts, including in terms of visual amenity, landscape or biodiversity, have been identified.

Date of Issue: 5th November 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £295); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.