DEC Officer Report

Application No.: 21/00510/B Applicant: BlueWave Communications Ltd Proposal: Retrospective application regarding the erection of mast and other structures in connection with PA 19/00129/B Site Address: Carnane (former) BBC Transmitter Site Old Castletown Road Douglas Isle Of Man IM4 1AB Head of Development Management: Mr S Butler Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.02.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. No fencing shall be installed at the site other than the fencing which is shown on the approved plans, which shall be retained powder coated dark green unless required to be removed by condition 2. Reason: In the interest of visual amenity.
• C 2. Unless otherwise approved in writing by the Department, the masts, building, fencing, generator and slab shall be removed from the site within 6 months of the site no longer being in use. Reason: in the interests of visual amenity.

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 in terms of visual amenity, landscape or biodiversity have been identified.

Plans/Drawings/Information; Plans: This decision relates to the following plans/drawings/information:

• - Photographs (received 18.05.2021)

• - Drawing 1576.1 - As Built - Regularisation (received 18.05.2021)
• - Location Plan (received 18.05.2021)
• - E-mail from Applicant and attached Information on Proposed Generator (22.12.21)

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

PRE-AMBLE This application is an amendment to a previous application which was determined by the Planning committee, and overall proposes a lesser level of development and is in accordance with the recently adopted Area Plan for the Area. It is therefore not considered that it need be put before the Planning Committee.

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 closest views are from the access track to the site (from Castletown Road) which is within private ownership. 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 Planning Approval 19/00129/B was for: "- the erection of a 40m high metal lattice telecoms mast with supporting structure to replace the existing 20m high mast;

• - the enclosure of a 50sqm compound with a 2.15m high metal paladin fence coloured dark green;
• - the erection of a supporting building (the applicants indicate that the proposed building is prefabricated off-site and made from sustainable timber materials with cladded exterior and will be assembled quickly on site by a local contractor); and
• - the construction of a concrete platform to provide for a base for the generator (which would supply back-up power should the mains grid fail, for the purposes of keeping this key network site running - the set is a 100kva canopied ultra-quiet set and used for standby only)"

2.2 What is now proposed is

• - Erection of mast of different design - Transmitter mast - 3 sided galvanised post system with central access ladder, 40 metres high (this differs from the four sides tower with guy ropes)
• - Retention of existing 20m high to retain the existing supporting building (as per 19/00129/B) but with additional air handling unit and service framing added from building to mast
• - Installation of generator
• - To not to construct the additional support building previously proposed (the base of the building is reflected on the site plan, but no mention is made of it and no elevations are included).

• - Fencing/gates/Access (access arrangements being different to 19/00129/B)

2.3 The form indicates - no trees on site, not within 9m of a water course no change to site levels. The application form indicates that the number of parking spaces would remain as 6 and the application would not involve the creation of, or alteration to, a vehicular or pedestrian access to any public highway/footpaths. - 2.4 It is understood from a meeting with the applicant (10.02.22) that the application does not include details of the equipment to be attached as anything to be installed would be in accordance with the provisions of the TOWN AND COUNTRY PLANNING (TELECOMMUNICATIONS) DEVELOPMENT ORDER 2019 which states at schedule 2 part 3, "Class 5 Mounted Equipment on Telecommunications Structures on Land - The installation, alteration or a replacement of mounted equipment on a land-based telecommunications structure" with the conditions/limitations, "1 The development must be shrouded. 2 The development must not exceed — (a) the height of the structure plus 1 metre in height; and (b) 1 metre in diameter" or without such restrictions under schedule 3 (prior approval). In any case, general conditions apply including, "The development must be carried out by or on behalf of a licensed operator for the purpose of the operator's telecommunications system and in accordance with the operator's licence" and, "The development must be in full compliance with the requirements of the radio frequency public exposure guidelines of the ICNIRP". - 2.5 The applicant confirmed at the same meeting that they intended to retain the existing mast, subject to an inspector to confirm structural status. As the current mast is a separate structure, its demolition would not in-itself require approval, however if the application was approved on the basis of the mast not being retained (i.e. the new mast was a replacement as was the case with the previous application for the site) and the mast was then retained this could be a potential breach (as the site would not match the proposed elevations). Therefore agreed to determine application on the basis of mast being retained (which is what the current proposed plans show).

3.0 PLANNING HISTORY 19/00129/B on the application site was for "Erection of a 40m high mast with supporting structure, boundary fence and ancillary buildings" and was approved subject to the following conditions.

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
• 2. 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.
• 3. 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.
• 4. 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.
• 5. 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.

There is a separate concurrent application from the same applicant for development elsewhere within the wider Carnane Site (21/00917/B), which relates to a previous approval (19/00010/B).

- 4.0 POLICIES

4.1 Area Plan for the East (2020)

• 4.1.1 The site is within an area zoned as, "Telecommunications Sites (Carnane & Crookall House TETRA sites)" within the Area Plan for the East. The Area Plan contains the following content in relation to this site and/or telecoms.

• - The Douglas Head Landscape Strategy notes the following in key views, "Telecommunications tower on hill top forms highly visible landmark in surrounding areas".
• - Landscape Proposal 6 (Douglas Head) Douglas Headland states it, "is exposed and prominent from many viewpoints. This is considered an outstanding natural feature and one which should be conserved. In order to conserve this vista of seascape and coastal views, applications for planning approval for new development in this area will generally not be supported. It is acknowledged that maintenance and need for upkeep may lead some existing development to seek planning approval from time to time, such as the radio transmission/telecoms site at Carnane. In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and include considering siting, colours, materials, finishes and the general scale".
• - Objective at 7.4(iv) states, "v. To provide and support the best quality telecommunications networks and to support the economy by doing so"
• - Para 7.10.2 states, "The transmitter site on the top of Carnane plays a vital role in the delivery of the wireless network. It is important that proposals do not compromise the developability of the site and providers have the confidence to invest in the network and deliver the goals set out in National Telecommunications Strategy"
• - Utilities Proposal 3 states (in part), "Utilities Proposal 3 - Electricity, Telecommunications and Gas which shall be taken to represent a policy statement on Utilities in the East
• - … 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…"
• - Para 7.13.2 states, "In order to ensure business connectivity and enhance the provision of local community facilities and services, this Plan supports the expansion of telecommunications networks across the Island. This includes radio networks (TETRA, 4G and forthcoming 5G telephone and data services and point-to-point data links) as well as fixed networks (copper, co-axial and fibre-optic cable networks)".
• - Para 7.13.5 states, "In order to optimise the existing network, replacement and upgraded systems should seek to utilise existing infrastructure, however, this is not a reason to discourage or prevent investment in different types of networks and network infrastructure. It is recognised that the operational requirements of telecommunications networks and the technical limitations of the technology may make this impossible. Where new network sites are required, it is further acknowledged that height and clear line-of-sight are essential to make a radio telecommunications network operate. Therefore design considerations must be creative and ensure that support structures can be shared by different operators".
• - 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 a phone call to the MWT (03.09.21) confirms it does have this wildlife value

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):

• - General Policy 2 (General Development Control Considerations);
• - Environment Policy 2 (Protection of Landscape); and
• - Environment Policies 4 and 5 (Biodiversity Protection).

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 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 wellregulated 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 (07.06.21) - no Highways Interest. - 5.3 Braddan Commissioners (08.06.21) - no objections.

5.3 No representations have been received from members of the public. - 5.4 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).

- 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. Given the proposal, relation to permitted development and standing advice from public health, there are no concerns in relation to health impacts. 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 19/00129/B included the following,

"It must be noted that the application is not supported by detailed consideration of landscape impact. However, the amount of information required in relation to an application is proportionate to the nature of the proposal. In this case, it is noted that the proposal is to redevelop an existing site where there are other (currently larger) masts in existence. It is likely that the buildings, generator and fence will not be especially visible while the tower itself would replace (albeit it doubling in height), a feature of the landscape for some time.

Towards the north end of Douglas Promenade and towards Port Jack views are most likely to be apparent, albeit distant views. There are of course the others towers which are partially apparent, as well as an older second world war structure, Douglas Head Apartments building, The Point Apartments and Douglas Lighthouse all of which already break the same skyline, most more so then the proposal would.

Views of the tower will be achievable from a number of locations within the vicinity, mainly the North and West of the site. However, these would be views from distances and read against existing structures in the area. Furthermore, this proposal would replace an existing structure. Therefore, on balance it is not considered that visual impact is sufficient to justify refusal of the application".

6.4 It is not considered that the differences in the design, nor the cumulative impact of retaining the existing tower (which is significantly smaller than the new tower) is sufficient to alter the above conclusion. POTENTIAL IMPACT UPON THE WILDLIFE SITE - 6.5 The Officer report for 19/00129/B included the following,

"Again, the proposal includes limited information in relation to wildlife. It is noted that Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to (a) minimise disturbance…". The proposal reuses an existing site with new infrastructure to some extent on the footprint of existing, and this in itself minimises the impact, compared to developing a new site. On balance this is not considered to justify refusal of the application".

6.6 Again, this assessment is unchanged.

- 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.

7.2 Of the conditions attached to the previous approval, the commencement, details of building and details of generator conditions are not required (as it is retrospective, the building is no longer proposed and details of the generator have been provided). - 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.

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

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: 17.02.2022 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

Customer note

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