DEC Decision Notice

Sure (Isle Of Man) Ltd 4th Floor 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 (Isle Of Man) Ltd, Ref 24/00277/B, for the Installation of a 10 meter slimline lattice with multiple mobile panel antennas/dishes/radio kit with associated ground equipment cabinets and boundary fence at Transmitter North East Corner Field 114443 Kimmeragh Farm Bride Isle Of Man IM7 4AR .

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. Unless otherwise approved in writing by the Department, any telecommunications cabinet, mounted equipment or telecommunications structure must be removed from the land on which it is situated, within 6 months of it no longer being required for telecommunications purposes, and such land must be restored to its condition before the development took place, so far as is practicable.

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

• 3. The development hereby approved shall not commence until further details of the antennas, dishes and remote radio heads to be installed have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and shall be retained as such thereafter unless a variation or alteration is permitted under Schedule 2 of the Town and Country Planning (Telecommunications) Development Order 2019 (or any alteration/replacement of that order). Reason: To ensure appropriate use of the mast for telecommunication equipment.

• 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any amendment or replacement of that order) no fencing, walling or gates shall be erected at the site other than as shown on the approved plans shall be erected.

Reason: to ensure the development is carried out in accordance with the approved plans in the interests of the visual amenity of the area.

• 5. The proposed 10m slim line lattice tower and the 1.25m high post and rail fence shall be painted dark green and maintained and retained in perpetuity. Reason; To be in keeping with a rural area.
• 6. The proposed telecoms mast and affixed communication equipment here by approved shall be no higher than the stated 10m when measured from the concrete base as shown on plan referenced; IOM_09/0114_C REASON To ensure the mast height is installed in accordance with the approved plans
• 7. The proposed antennas, dishes and RRU shall be coloured to match the monopole tower mast to which they are affixed and retained in perpetuity. REASON: To mitigate any visual impact.
• 8. No development shall be commenced on site until a planting scheme has been first submitted to and approved in writing by the Department showing details of existing and proposed type of native gorse bushes or as otherwise advised by the department, to bolster the existing levels of planting to those areas of open parts of the site, and a programme of implementation. All planting shall be carried out in accordance with the approved details.

Reason: In the interests of the wooded appearance of the development and the surrounding area.

This decision relates to drawings and supporting information received on 14th March 2024, referenced; IoM_09/110 B

• IoM_09/112 C
• IoM_09/113 C
• IoM_09/114 C
• IoM_09/115 A
• IoM_09/116 A
• IoM_09/117 A

This decision has been made for the following reasons(s) It is considered that the height of the lattice tower will have a limited visual impact in the existing rural setting and would not create any additional visual harm or intrusion into the site and surrounding wider rural area. The benefits of providing the required equipment to increase network coverage are considered to outweigh the aforementioned limited visual harm in the context of the Government's ambition to improve public infrastructure and promote remote/home working as part of the Government's plan to achieve net zero status for the Island by 2050 and would comply with Spatial Policy 5, General Policy 3, General Policy 2 (b,c,g,m) Environmental Policy 1, 2, 22, and Infrastructure Policy 3 of the IoM Strategic Plan.

Date of Issue: 10th May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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 £335); 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 £125). 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 (should one have been received) 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.