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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01535/B Applicant : BlueWave Communications Ltd Proposal : Installation of additional telecommunication equipment - creation of site access track & erection of compound fencing Site Address : Carnane Transmitter Site Old Castletown Road Douglas Isle Of Man IM4 1AF
Head of Development Management: Mr S Butler Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.06.2022 __
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. 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.
C 3. No fencing shall be erected at the site other than that shown on approved plans or approved under condition 4 (designed to allow access by small mammals), and whilst retained on site that fencing shall remain dark green in colour.
Reason: In the interest of visual amenity.
C 4. The development shall not commence unless in accordance with a Construction Environmental Management Plan which has first been submitted to and approved in writing by the Department and that sets out how the mitigation measures set out in the Manx Wildlife
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Trust's Preliminary Ecological Appraisal Report (PEAR) dated May 2022 will be implemented in relation to:
Reason: to ensure that the mitigation as identified in the application is implemented in the interests of the ecology of the area.
C 5. Notwithstanding the detail set out in the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR) dated May 2022, the development shall only take place in accordance with the reasonable avoidance measures set out below.
Reason: to ensure adequate measures are in place to avoid unacceptable impact on protected species.
C 6. Prior to the commencement of development a long-term site/habitat management plan shall be submitted to an approved in writing by the Department in accordance with page 15 (3rd and 4th bullets) of the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR) dated May 2022, the site/habitat shall be thereafter be managed in accordance with the approved plan.
Reason: to ensure that the mitigation as identified in the application is implemented in the interests of the ecology of the area, including to mitigate for the loss of the loss of semi-natural habitat.
This application has been recommended for approval for the following reason. 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.
Plans/Drawings/Information; This decision relates to the following plans/drawings/information: Application Form
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Covering Letter/Applicant's Statement EU Declaration of Conformity Drawing no 1614.1: Existing Site Arrangement - December 2021 Drawing no 1614.2: Proposed Layout - December 2021 Drawing no 1614.3: Site Sections / Photo's - December 2021 Site location plans demonstrating land under control of applicant Preliminary Ecological Appraisal Report (May 2022) __
Interested Person Status - Additional Persons
Douglas Borough Council (DBC) have made comment. As a Local Authority they are afforded IPS, "where that adjoining authority has made written representations that the Department considers material".
The representation from DBC stated, "Although the following application is not within the Borough of Douglas I can confirm that the Council has given consideration to the application and can find no material planning grounds to raise an objection against the proposed works".
Given the nature of the comment it is considered that DBC should be afforded IPS. __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is part of a larger area used for various telecommunications infrastructure, with unused areas being made of scrub land. The site is accessed via a track from Old Castletown Road.
1.2 The site is potentially visible from a number of public locations but from each of these at a fairly significant distance. The site may be visible from the access track to the site (from Castletown Road) which is within private ownership. The site may be visible from farms in the area (Upper Howe Farm to the South East, Walberry Farm to the South West and Nunnery How Farm to the North West). The closest of these is Upper Howe Farm, the group of buildings being approximately 200m away.
1.3 Other distant public views may be found along the Old Castletown Road in the area of Quine's Hill and in and around the area of Kewaigue Hill/Cooil Road roundabout (A5/A6). However, the associated buildings structures tend to be read against the low level vegetation that is found on the edges of the site. The weather is also likely to have a considerable difference in what can and can't be seen from the views outlined.
2.0 THE PROPOSAL 2.1 Installation of additional telecommunication equipment - creation of site access track & erection of compound fencing. The covering letter sets out the background to the applicant, proposal and reason for expansion, it includes,
"The site currently has planning approval (19/00010/B) for six (6) parabolic antennas, four (4) of which are 11.1m in diameter with a height measuring 12m off the ground, and two (2) 3.8m diameter antenna with a height of 5m above the ground and ancillary building. Instead of building this, in 2021, we submitted planning (21/00917/B) for nine (9) smaller radomes. Our continued approach is to support new satellite technologies which can be serviced by means of a larger array of smaller, less visually intrusive radomes, we now propose to use the current telecoms zoned site to increase this by a further (32) radomes, as per the attached plan".
2.2 Applicant also notes that,
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"This system will allow downlink and uplink of high capacity data. This additional infrastructure investment will further increase the resilience of the connectivity of the Island and also will allow more subscribers to be able to purchase high speed satellite connectivity anywhere on the island, accelerating island productivity and contributing to social wellbeing by bridging the rural digital divide"
2.3 The applicant (BlueWave) is a fully licenced telecommunications company, with recently granted Code Powers. The applicant notes that they are planning to add to the Isle Man's digital infrastructure by: "- Increasing ability for the Isle of Man to support diverse digital connectivity via the space industry - Increasing resiliency in the communications network, via satellite - Expanding an innovative future network - Further increasing demand for data on the Island - Contribute to the economy by creating employment for build and maintenance of the site, and supporting operations - Continue to reduce the cost of broadband connectivity on the island through market forces".
2.4 Proposed is the extension of the existing security fencing around the additional area at a height of 2m. The application form indicates changes to site levels and states,
"The area intended for the alterations will require slight adjustment in order to create a level area - over the 3 compounds proposed. The areas will be excavated accordingly with any material being used to fill the land & raise levels to suit - also to form the base of the access track - any surplus excavated (sic) material will be exported by road to an authorised transfer station".
3.0 PLANNING HISTORY 3.1 Approval was given on the adjacent site for 21/00917/B for, "Installation of RaDome telecommunication equipment, access track and perimeter fencing (retrospective)". This was a retrospective application for Installation of RaDome telecommunication equipment - access track & perimeter fencing. 9 white domes are installed, each c2.8 metres tall, c2.2m wide in a c11m square. 2m high palisade fencing powder coated green, 5 wide hinged gates with gravel access track c3.2m wide. The applicant noted,
"The site currently has planning approval (19/00010/B) for six (6) parabolic antennas, four (4) of which are 11.1m in diameter with a height measuring 12m off the ground, and two (2) 3.8m diameter antenna with a height of 5m above the ground and ancillary building. Instead, within this application, the nine (9) much smaller radomes will be placed rather than the six (6) large antennas, which would each measure 2.8m above the ground".
This was approved subject to the following conditions: C1. 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. C2. 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. C3. 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.
3.2 (21/00510/B) from the same applicant on another part of the wider Carnane Site for, "Retrospective application regarding the erection of mast and other structures in connection
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with PA 19/00129/B". 19/00129/B was for "Erection of a 40m high mast with supporting structure, boundary fence and ancillary buildings" and was approved subject to the following conditions.
C1. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. Notwithstanding drawing number no 19/14/A (date stamped as having been received 08/02/19) prior to the development hereby approved being brought into use, Paladin fencing shall be erected around the site to a height of no more than 2.15 metres and powder coated dark green. The fencing shall be retained as such thereafter, unless required to be removed by condition 5. Reason: In the interest of visual amenity. C3. The building hereby approved shall be coloured to match the existing building on the site unless otherwise approved in writing by the Department. Reason: In the interest of visual amenity. C4. No generator shall be installed on the site unless in accordance with details which have first been approved in writing by the Department. Reason: For the avoidance of doubt and to protect the visual amenities of the area. C5. Unless otherwise approved in writing by the Department, the mast, fencing, building, generator and slab hereby approved shall be removed from the site within 6 months of the site no longer being in use.
4.0 POLICIES 4.1 Area Plan for the East (2020)
... The telecommunications system must be designed in accordance with the requirements of the relevant telecommunications servicing agency and should be consistent with any approved strategy, policy or plan for the provision of advanced telecommunications infrastructure, including fibre optic technology. It is expected and required that all new development be connected at the best standard possible..."
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Telecoms Proposal 1 states, "Telecommunications Proposal 1 New developments should: a) Make provision for fibre optic cables directly to each dwelling or commercial premises. b) Within Comprehensive Treatment Areas (see Chapter 13), be phased so as to ensure that telecommunications structures are installed efficiently and will avoid ongoing disruption to site foundations. c) Design facilities so as to be able to host equipment from more than one operator, and that such sharing be encouraged. d) Demonstrate that the proposal has taken into account radio networks in particular those used by the emergency services (TETRA).
4.1.2 In the assessment of 19/00129/B it was identified that the site is within a designated Wildlife Site. This is not a statutory designation, but is a site assessed for its value and given protection by the Manx Wildlife Trust, who were responsible for the designation in the first place on the basis of a clear understanding of the value of the site. This designation has not been reflected on the Area Plan for the East constraints map however, given the planning history of the site, the MWT were contacted to clarify whether the site was a Local Wildlife Site. Details of the site citation were provided by MWT (09.09.21). CABO were contacted to confirm why the site was not included in the Area Plan, and they responded (10.09.21) and noted that the MWT did not flag the site up to them as part of the area plan process but the omission from the plan should not prevent their consideration as part of planning applications.
4.2 Strategic Plan (2016) 4.2.1 It is considered that there are a number of relevant polices from the Isle of Man Strategic Plan 2016 in the determination of this application. In particular, Infrastructure Policy 3 is relevant and which states:
"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".
4.2.2 It is also considered that the following policies are relevant (but it is to be remembered that the site is zoned for the development proposed):
4.3 Other Material Considerations 4.3.1 The National Telecommunications Strategy (2018) promotes the development of infrastructure, including new investment and competition. In relation to planning it sets out a goal of, "Telecommunication infrastructure is straightforward to install and maintain for the
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benefit of the Islands residents and businesses". It sets out some principles including "Current and future infrastructure should be shared where appropriate, ensuring the maximum use and reuse of resources to optimise delivery potential" and "Planning policy should explore the use of code powers (for telcos) and mandatory mast sharing where possible".
4.3.2 The conclusion states, "To be recognised as a place that is at the forefront of innovation and fully connected the Island must embrace the opportunity before it. An opportunity to deliver sustainable subsea infrastructure and on-Island ultrafast fibre broadband to every home and business. High value, high quality telecoms at an affordable cost in a well- regulated regime, delivered in a partnership approach".
4.3.3 The Digital Inclusion Strategy (2016) sets out how government and partners from the public, private and voluntary sectors will increase digital inclusion. This means helping people become capable of using and benefiting from the internet and digital technologies.
5.0 REPRESENTATIONS 5.1 Representations can be viewed in full on line, the following is a summary.
5.2 DOI (Highways) comment (13.01.22), "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking".
5.3 Braddan Commissioners (10/01/22) confirmed no objections.
5.4 Douglas Borough Council (14/01/22) confirmed no objections.
5.5 The DEFA (Ecology) Officer commented (20/01/22) that,
"The proposed development site is within Douglas Head and Marine Drive Wildlife Site. This Wildlife Site was designated, amongst other reasons, for its lowland heathland, which is present in the development footprint. Wildlife sites, though not statutorily designated or recognised by law, are nonetheless sites of high wildlife value which should be recognised through the planning system. Further information about this wildlife site can be obtained from the Manx Wildlife Trust. Additionally, within the UK, lowland heathland is a priority habitat for nature conservation because it is rare, threatened and declining. Noting that the area is zoned for telecommunications use, developments in this area should nonetheless be undertaken responsibly, with full consideration of the site's ecology, and mitigation should be provided for any negative impacts. Therefore, prior to determination of this application, the Ecosystem Policy Team request than an ecological assessment of the area is undertaken by a suitably qualified ecological consultancy and a report detailing the findings alongside suitable avoidance and mitigation measures should be provided to Planning for written approval. The presence of the Wildlife Site will not stop development from taking place, but provision must be made for its ongoing protection".
Following the receipt of additional information, the Ecologist further commented (01.06.22),
"The Ecosystem Policy Team can confirm that the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR) dated May 2022 is all in order and a suitable level of assessment has been undertaken. However, we believe that the Reasonable Avoidance Measures (RAMs) for common lizard contained in Appendix I need to be updated to take account of the potential for nesting birds.
Attached is an updated RAMs statement which we request is secured as a condition on approval. The recommendations section of the PEAR includes the following mitigation measures: retention of grassland around the radons as opposed to expanses of gravel, use of acid rocks
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for the construction of the road, construction of a rubble pile for lizards and construction of a security fence which will allow access by small mammals. The applicants have not yet submitted details about how they will satisfy these mitigation measures, we therefore recommend that a condition is secured on approval for a construction environmental management plan to be provided to planning for written approval which contains details of how these mitigation measures will be implemented.
The Manx Wildlife Trust also concluded that mitigation is required for the loss of the loss of semi-natural habitat and therefore we also request that a condition is secured on approval for a long-term site/habitat management plan to be provided to Planning for written approval. The surrounding semi-natural habitats in Bluewave ownership must then be managed in accordance with this plan
APPENDIX I: RAMs for Common Lizard and Breeding Birds The following Reasonable Avoidance Measures (RAMs) should be adhered to during construction and enabling work: o Prior to work on the grassland, grass should be cut to a height of no less than 10cm. This should be done in a north-east to south-west direction to allow any lizards to relocate to suitable adjacent habitat. This should be done on warm sunny days (12 degrees C + ambient temperature) during the active season (April to September) but avoiding the vulnerable period of July and August, when lizards may have young. o Prior to clearance, a check for ground nesting birds should be undertaken by an individual who is qualified to identify breeding behaviour and species of such habitats, including Meadow Pipit and Skylark o If any nesting birds, or anything suspected of being nesting birds, are observed during clearance work, work must stop immediately, and advice sought from MWT Consultancy (844432) or DEFA (651577). o Checks for lizards should be undertaken within the working area every day prior to works commencing. o The rubble pile should be cleared carefully by hand to avoid harm to any lizards which may be sheltering there. o If any lizards (or anything thought to be a lizard) is found during works, work must stop immediately and advice sought from MWT Consultancy (844432) or DEFA (651577)".
5.6 The Director of Public Health's standing advice is that health concerns should not prevent the erection of telecommunications infrastructure as long as the application is accompanied by a certification that complies with ICNIRP (the International Commission on Non-Ionizing Radiation Protection).
5.7 No representations have been received from members of the public at the time of writing.
6.0 ASSESSMENT 6.1 The key issues to consider when determining the application are; the principle of development on the site; the potential visual impacted the development; potential impact upon the Wildlife Site.
THE PRINCIPLE OF DEVELOPMENT ON THE SITE 6.2 Given the wider support for the development of telecommunications infrastructure, the land use designation and the site history it is considered that the principle is acceptable.
THE POTENTIAL VISUAL IMPACTED THE DEVELOPMENT 6.3 The Officer report for 19/00010/B included the following
"6.15 The fact the proposals are sited on the side of a hill side and their size and design; as identified with this assessment, it is likely from certain locations they will be noticeable. It is of course very difficult to pin point every single position where they could or couldn't be viewed
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from. However, it is considered the above locations are likely to be the main public vantage points and certainly in terms of where the majority of people would view them from, given they are in the main settlement of Douglas and from views along the main roads into Douglas.
6.16 What is clear the public views are all from distant views and if they are apparent they would either be seen partially breaking the skyline or be read against the backdrop of Carnane itself/existing dishes. It is also noted that the skyline of Carnane is already broken by built structures i.e. two larger towers and associated building, tree copses, and other buildings highlighted in paragraph 6.10.
6.17 It is also noted that for a number of decades the site is associated with masts and more recent with satellite dishes. Therefore it could be argued that such structures given this association and the number of years they have been in place essentially blend in with the landscape, even though the two towers especially, are two of the largest structures on the IOM.
6.18 Overall, the fact that the new proposals will, when viewed, largely be seen as sitting in between the existing towers/dishes and associated buildings is such that the site will not be perceived as 'spreading out' and instead will remain satisfactorily 'contained' in visual terms.
6.19 In view of the above, it is considered that the proposal is acceptable in visual impact terms and will consequently not unduly affect the character of the countryside in this location; it therefore is concluded to comply with General Policy 2 as well as Environment Policy 2".
6.4 Although located on adjacent land and a larger development, given the overall nature and location the findings in terms of visual impact remain broadly unchanged and are not considered to be a reason for refusal.
POTENTIAL IMPACT UPON THE WILDLIFE SITE 6.5 The comments and advice from the DEFA Ecologist are noted and relied upon. It is considered that, given the site's designation for development and the wider policy support for the development that, subject to suitable conditions, no unacceptable impact is identified that would justify a refusal.
7.0 CONCLUSION 7.1 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 in terms of visual amenity, landscape or biodiversity have been identified.
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); (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.
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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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 07.06.2022
Determining officer Signed : A MORGAN Abigail Morgan
Principal Planner
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