**Document:** DEC Decision Notice
**Application:** 20/01538/B — Erection of a 15 metre telecommunication pole with associated equipment cabinets and fencing
**Decision:** Permitted
**Decision Date:** 2021-07-19
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/7039-braddan-vacant-plot-woodbourne-lane-fence/documents/927564

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# DEC Decision Notice

Sure (IOM )Ltd Atlantic House Circular Road Douglas IM1 1AG

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 Sure (IOM )Ltd, Ref 20/01538/B, for the Erection of a 15 metre telecommunication pole with associated equipment cabinets and fencing at Vacant Plot Woodbourne Lane And To Rear Of 7 - 11 Woodbourne Villas Douglas Isle Of Man IM2 3LJ .

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. 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.

- 2. Prior to the development hereby approved being bought into use, the parking and manoeuvring areas shall be provided in accordance with the approved plans (as amended by condition 3) and retained as such thereafter. Reason: in the interests of highway safety.
- 3. No development shall commence until details of the surfacing of parking and manvoeuvring areas, ensuring that there is no gravel within 6 metres of a vehicular entrance onto a public highway, shall be submitted to and approved in writing by the Department and thereafter retained as such. Reason: in the interests of highway safety.
- 4. No development shall commence until details of both the hard and soft landscaping works have been submitted to and approved in writing by the Department. These details shall include, as a minimum, where applicable; planting plans; planting schedule; means of enclosure;

boundary treatments; hard surfacing materials; and an implementation programme. The landscaping works shall be carried out in accordance with the approved details and thereafter retained. Any tree or shrub which dies or is removed within 5 years of being planted shall be replaced. Reason: to ensure that the hard and soft landscaping is provided and retained.

- 5. No lighting may be installed within the site and no fans may be installed at the site with a noise output higher than as defined in the application details (supporting statement).

Reason: to ensure that the application takes place in accordance with the approved details, in the interests of local amenity.

- 6. In the event of the mast and cabinets erected under this approval becoming redundant, they must be taken down and removed from the site within 6 months of the cessation of the use.

Reason: To ensure that any redundant infrastructure is removed and to comply with Strategic Plan Infrastructure Policy 3.

- 7. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department of the colour of the pole (including shroud) hereby approved and the development shall not be carried out unless in accordance with these details and retained as such thereafter.

Reasons: to control the colour of the pole and shroud in the interests of minimising impact on visual amenity and the character of the Conservation Area.

This decision relates to the following plans/information all date stamped as having been received 21/04/21 unless indicated otherwise:

- - Declaration of Conformity with ICNIRP Public Exposure Guidelines - received 18.12.20
- - Location Plan (IOM_52/010 Issue C)
- - Site Plan (IOM_52/011 Issue E)
- - Site Layout (IOM_52/012 Issue E)
- - Site Elevation (IOM_52/013 Issue E)
- - Equipment Cabinet Plan & Elevations (IOM_52/014 Issue A) - received 18.12.20
- - Compound Elevations (IOM_52/015 Issue B)
- - Perimeter Timber Fencing Elevations (IOM_52/016 Issue B)
- - Supporting Statement dated 06.11.20 (received 18.12.20)

This decision has been made for the following reasons(s) The proposal is considered to comply with Strategic Plan (2016) Infrastructure Policy 3. Although the proposal does not fully comply with those policies that seek to protect the Conservation Area and residential amenity, given the lack of alternative suitable sites, the fact that the proposed site is previously developed land which is in an untidy state and the wider support for provision of telecommunications infrastructure, on balance the proposal is supported.

Date of Issue:

19th July 2021

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/7039-braddan-vacant-plot-woodbourne-lane-fence/documents/927564*