Planning Officer Report

Application No.:	11/01058/B
Applicant:	Manx Telecom Ltd
Proposal:	Installation of an additional antenna on existing mast
Site Address:	Telecommunications Mast Site Lhergy Vreck Farm Douglas Road Kirk Michael Isle Of Man

Officer's Report

The Site

1. The application site is the Telecommunications mast at Lhergy Vreck Farm, Douglas Road, Kirk Michael.

The Proposal

1. This application seeks approval for the installation of an additional antenna on the existing mast. The antenna would be for the use of a third party and as such the provisions of Class 12 of the Permitted Development Order do not apply.

Planning Status

1. The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Strategic Plan, the following policy is relevant:

Infrastructure Policy 3, 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."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

00/01610/B Installation of 3 antennae with new mast head amplifiers, existing mast. Permitted on the 20th April 2001.

Representations

1. Michael Commissioners do not object to this application.

Case Officer:	Mr Steve Stanley
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

1. The owner/occupier of High Tilt, Douglas Road, Kirk Michael objects to this application stating that the additional antenna would increase radiation levels which would be detrimental to health.

ASSESSMENT

1. The main issues to be assessed in the determination of this application are the visual impact of the proposed additional antenna and whether this would result in the existing mast becoming more apparent within the landscape to an extent that it would warrant the refusal of the application. Secondly, consideration should be given to public health.

Visual Impact

1. The proposed additional antenna is relatively small compacted and would not result in the existing structure becoming taller or more visible within the wider view of the landscape. It is therefore concluded that the proposal is acceptable in this regard.

Impacts upon public health

1. In terms of the health issues of a telecommunication mast, the Isle of Man has no specific guidelines. Such circumstances are anticipated by Paragraph 1.6.1 of the Strategic Plan, which states:

"The Island has a close relationship with the UK, within which there are land-use planning systems which have the same general purpose as, and much in common with our own system. We also have indirect links with the European Union. Accordingly, where unusual matters arise, or where there is no Manx guidance, it will often be appropriate and helpful to have regard to legal judgments or advice published in the UK or the EU."

1. The UK Government has produced advice which is set out within Planning Policy Guidance Note 8 Telecommunications (PPG8). PPG8 advises that where a proposed telecommunications installation conforms to 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. The following excerpts from PPG8 are considered relevant:

Paragraph 29. "Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case."

Paragraph 30. "However, it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them."

1. The applicant has provided information which confirms that the proposed antenna is a receiver only and as such does not emit any radiation in addition to that emitted through the existing installation. A letter received 14th October 2011 from the Mobile Network Development Manager of Manx telecom (the applicant) states:

"As a result of the change of antenna and re-configuration of the radio equipment to 'receive only', as confirmed by email on 11th October 2011, I wish to confirm there will be no additional radio emissions from the site. Consequently the overall site design remains in accordance with the

radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation (ICNIRP) as expressed in EU Council recommendations of 12 July 1999, on the limitation of exposure of the general public to electromagnetic fields (GHz to 300 GHz)."

1. In consideration applications such as this, the Planning Authority must be satisfied that the proposal meets with relevant guidelines in terms of public health. In this case, the applicant has provided confirmation that the antenna would not increase radiation levels. As such it is not considered that there are reasonable grounds to refuse this application on the grounds of risk to public health.

RECOMMENDATION

1. Permit.

PARTY STATUS

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Michael Commissioners

1. Accordingly the following parties are not granted Interested Party Status:

The owner/occupier of High Tilt, Douglas Road, Kirk Michael

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the installation of an additional antenna on existing telecommunications mast, Lhergy Vreck Farm, Douglas Road, Kirk Michael, as shown by MT15-JB13-21-01-Rev A, MT15-JB13-21-02-Rev A, LVKMC/002 Rev 1 and A1615 received 28th July 2011.

C 3. The approved antenna shall be used only as a receiving antenna in accordance with the specification information submitted by email 11th October 2011 by Selex Systems.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Permitted Date : 20/10/11

Signed : S. M. Gallagher Michael Gallagher Director of Planning and Building Control

OR

Signed: Jennifer Chance Development Control Manager