Planning Officer Report Recommendations

Case Officer: Mr Ian Brooks Photo Taken: Site Visit: Expected Decision Level: Planning Committee

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE AND THE HEALTH CONCERNS OF THE LOCAL AUTHORITY.

Description Of Application Site

1. The application site is the new Colby Football Club located to the south of the Isle of Man Steam Railway line. The site lies within an area designated on The Arbory and East Rushen Local Plan as High Landscape Value and Scenic Significance. On the Final Modified Draft of the Area Plan for the South, the site is identified as proposed Playing Field.

Proposal

1. The application is seeking planning permission for the installation of 2 mobile phone antennas and 300mm microwave dish. The application also proposed to create a stone wall enclosure to accommodate the equipment cabinet, which will be built into the existing stone wall.

1. The antennas and dish are to be installed on existing floodlighting poles.

Development Plan Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3, Environment Policies 1 and 2, Infrastructure Policy 3

1. General Policy 3 states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work;
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest;
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment.
• (d) the replacement of existing rural dwellings;

Application No.:	12/01214/B
Applicant:	Cable & Wireless
Proposal:	Erection of two mobile phone communications antenna and 300mm diameter microwave dish to existing floodlighting masts and creation of an enclosure to house associated electrical equipment
Site Address:	New Colby Football Club Ground Fields 424828, 424827,424826, 421573 Colby Isle Of Man

• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

1. Environment Policy 1 states that "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

1. Environment Policy 2 states that "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is supersede by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

1. Infrastructure Policy 3 states that "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 will 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."

Relevant Planning History

1. There have been a number of applications relating to the creation of a football ground; however, none of these applications are considered relevant to the determination of this application.

Representations

1. Arbory Parish Commissioners have no objections to this proposed development, provided that the Planning Committee is satisfied that there are no health risks to juveniles and others taking part in sporting activities in the immediate vicinity.

1. Highways Division of the Department of Infrastructure have not commented on the application.

1. The occupier of Thorstein, Mount Gawne Road, Colby (as previous owner of the application site and owner of land surrounding the site) has advised "there is a covenant and Cable and Wireless and its antenna are part of a commercial industry and is an industrial unit disallowed by me under this covenant."

Issues

1. The main issues here are the siting and design of the antennas and the impact on health.

1. The proposal is to improve their 3G mobile coverage around the villages of Colby and Ballabeg. This improved coverage will support voice and High Speed Packet Access mobile data services.

1. In the site selection process the applicant has indicated there are no other telecommunication sites in the local area. The applicant have indicated that “due to the scenic nature of the local area and costal facing [sic] we accept that this is not a suitable location for a standard telecommunication tower”. The applicants have looked at other sites which include Balladoole Quarry, Colby Glen Hotel, Ballakilpheric and Colby Train Station. These were discounted due to visual impact of a mobile tower and close proximity to residential properties.

1. The proposed installation of antennas and microwave dish on existing floodlighting poles is probably the least intrusive design which could be developed for the purpose. The proposal would not result in the creation of an additional structure to accommodate telecommunication apparatus in the countryside. For that the applicant deserves recognition.

1. In policy terms, Environment Policy 1 requires that were “Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative”.

1. It is important to consider whether the proposal would adversely affect the countryside. The antennas and microwave dish are relative small additions to existing floodlighting poles on a recently developed football pitch and the proposed equipment cabinet enclosure would be built into an existing sod hedge within the site, it is considered the proposed development would not adversely affect the countryside.

1. Therefore the applicant is not required to demonstrate an overriding national need for their development in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

1. In respect of Environment Policy 2, a similar test is applied. The policy requires that within Areas of High Landscape Value and Scenic Significance the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential.

1. As indicated above, it is considered the proposal would not adversely affect the countryside and therefore the proposal meets the criteria of Environment Policy 2(a).

1. The proposed antenna would be set approximately 130m away from the residential properties of 42-46 (inclusive) Station Park. The properties do not directly overlook the proposed mast. It is considered the proposed mast will not reduce the residential amenity of the occupiers of these properties.

1. In terms of the health issues, it should be noted that Arbory Parish Commissioners have no objections to this proposed development, provided that the Planning Committee is satisfied that there are no health risks to juveniles and others taking part in sporting activities in the immediate vicinity. Officers are not able to give assurances that the development will

not have any health risks, as the available evidence to-date is inconclusive about whether there are any long term health effects from mobile phones and their masts.

1. The Isle of Man has no specific guidelines in how to deal with such concerns. However, the UK Government had previously produced such advice in Planning Policy Guidance Note 8 – Telecommunications (PPG8). PPG8 expressly advised that where a proposed telecommunications installation conforms to the recommendation of The Independent Expert Group on Mobile Phones (The Stewart Report) and 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.

1. However, this has now been replaced by the National Planning Policy Framework, which advises UK Local Planning Authorities that they should not seek to prevent competition between different operators, question the need for the telecommunications system, or determine health safeguards if the proposal meets International Commission guidelines for public exposure.

1. The application is accompanied by a certificate of compliance with the World Health Organisation ICNIRP guidelines for public exposure.

1. The Health and Safety Inspectorate is responsible for the monitoring of telecommunications installations to ensure compliance with the ICNIRP Guidelines.

1. The occupier of Thorstein has raised issues about a covenant on the land which would prevent the installation of the antennas. However, issues relating to covenants are not a material planning consideration. This issue is a civil matter between the occupier of Thorstein and the Colby A.F.C Limited.

Conclusion

1. It is recommended that planning permission be granted subject to conditions.

Party Status

1. The local authority [Arbory Parish Commissioners] are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. The occupier of Thorstein, Mount Gawne Road, Colby (as previous owner of the application site and owner of land surrounding the site) has not commented on non-planning matters, which would normally result in recommending that interested party status should not be afforded. However, the occupier of Thorstein owners adjoining land and there under Planning Circular 1/06 has sufficient interest in the application. It is recommended that party status should be afforded in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 07.11.2012

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 permission relates to the installation of two mobile phone communication antennas and microwave dish and the creation of an equipment enclosure as shown in drawing numbers 1, 2, 3 and photographs date stamped 31st August 2012, Planning Application Supporting Statement prepared by Cable and Wireless dated 30th August 2012, Declaration of Conformity with ICNIRP Public Exposure Guidelines dated 30th August 2012.

C 3. 27.11.12

In the event of the antennas, microwave dish and equipment enclosure erected under this approval become redundant they must be taken down along with all ancillary infrastructure and be removed from the site within 3 months of the cessation of the use and, in respect of the enclosure, the land restored back to form part of the existing sod hedge.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ... Committee Meeting Date : ...

Signed : ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO