4.

TCP/25587   P/00904/03  Parish/Name:  Seaview

Registration Date:  13/05/2003  -  Full Planning Permission

Officer:  Mrs. J. Penney           Tel:  (01983) 823593

 

Telecommunications installation comprising 25m high monopole structure, 3 no. four-stack dipole antennae & 1 no. GPS antenna, 1 no. 600mm microwave dish & associated equipment enclosed by stock proof fence

land at Woodlands Vale Farm, Oakhill Road, Seaview, PO34

 

REASON FOR COMMITTEE CONSIDERATION

 

Report requested by Team Leader in consultation with Local Member.

 

PROCESSING INFORMATION

 

This is an "other" application.  The processing of this application has taken 13 weeks to date, this being the earliest Committee date following Team Leader's consultation with Local Member.

 

LOCATION AND SITE CHARACTERISTICS

 

Proposed site of installation is located in north east corner of field which forms part of Woodlands Vale Farm situated on the western side of Oakhill Road, Seaview.  The field slopes down from south to north and east to north west.  Immediately to the rear of the proposed installation is a mature high backdrop of trees and a mature hedge exists on part of the south eastern boundary to the rear of residential properties.

 

It will be noted from attached plans that location of installation will immediately adjoin intersection of mature tree belts which run along northern and eastern boundaries of farm holding.

 

There is tree protection by way of Area Order on the site.

 

RELEVANT HISTORY

 

None

 

DETAILS OF APPLICATION

 

The proposal comprises a 25 metre high monopole structure supporting 3 four - stack dipole antennae and 1 GPS antenna  with 1 600mm microwave dish - overall height 27.4 m.  Associated equipment cabin would be located at base of tower, surrounded by a 1.8 m high chain-link fence, encompassed by a wooden stock proof fence. 

 

DEVELOPMENT PLAN/POLICY

 

The application site is outside any defined development envelope boundary within a designated local park/garden.  Policies G5 - Development Outside Defined Settlements, B10 - Parks and Gardens and Landscapes of Historic Interest,         U17 - Telecommunications Facilities are considered relevant.  The Crime and Disorder Act 1998 (Section 17) and PPG8 - Telecommunications are also relevant.

 

CONSULTEE RESPONSES

 

Highway Engineer confirms no highway implications.

 

Senior Countryside Officer confirms that the siting of the mast is unlikely to adversely impact on the trees but it is important to ensure that the roots are not damaged during construction.

 

Isle of Wight Gardens Trust comment no objection in principle but draws attention to inaccuracies in application details, proximity to residential property, should it be located further north west and suggest conditions to include maintenance of existing trees and planting of new trees to ensure continuous tree cover.

 

PARISH/TOWN COUNCIL COMMENTS

 

Seaview Parish Council object: proximity to residential properties, visual impact with excessive height - no plans to disguise, proximity to Priory Bay mast.  Foregoing excludes consideration of health issues; request guidelines if available.

 

THIRD PARTY REPRESENTATIONS

 

Pondwell Residents Association concerned regarding visual intrusion but recognise masts necessary.  Requests mast be disguised as effectively as possible.

 

CPRE raises concern of lack of strategic plan, sensitive site, excessive height.  Refers to ODPM Code of Best Practice and requests Traffic Light Rating.

 

Seven letters of objection from local neighbours on grounds of proximity to residential, visual intrusion, excessive height and size, effect on neighbouring security and privacy, loss of view, health risks, effect on trees/landscape/red squirrels, devaluation of properties.  Out of character and inappropriate to parkland setting.  Effect on nearby tourism attraction.  Inaccuracies in application details, questions height of adjacent trees and questions whether proper search of area taken place.  Tree design more appropriate.  Special dispensation should not be given because application for police.  Request site visit by Members.

 

Supports improvement in communications by emergency services.

 

Further letter from one of the objectors following meeting with Local Member; maintains general objection to proposal and confirms in order to find a practical solution would not object to application provided mast relocated approximately 30 metres northwest from original proposal, minimal branch lopping to be supervised by Council, surrounding trees be protected by Preservation Orders.  Suggest tree design mast, height of mast to be less than one metre above the existing tree line so that only antennae visible, base station should be surrounded by plants and wooden fencing, structure removed when no longer required, future use of mast to be controlled by Council so that peak radiation power is no greater than maximum shown in current application.

 

Letter received from landlord of Woodlands Vale Farm stating that access may be required through farm complex and questions whether or not such arrangements will be acceptable to tenants.

 

CRIME AND DISORDER IMPLICATIONS

 

Proposal is for police communication system.  The Crime and Disorder Act 1998 (Section 17), places a duty on all Local Planning Authorities to consider crime and disorder implications in carrying out their duty.

 

EVALUATION

 

The siting of the mast is set against a backdrop of mature trees.  The nearest residential property's garden boundary is approximately 20 metres from the installation site.  The determining factors in considering this application are whether the proposed installation would be visually intrusive to the detriment of the amenities and character of the area and whether the technical constraints associated with this type of development and the obligations imposed on the operator outweighs any planning objection to the proposal.  

 

Policy U17 of the Isle of Wight Unitary Development Plan confirms that the Council need to be satisfied that the sharing of any existing installation is not technically feasible and that within designated areas of landscape, nature conservation, scientific or historic interest, such developments will not be permitted unless there is a compelling technical justification and no suitable site or sites outside the designation.  The Council will expect the site chosen and design to be visually technically the least harmful that can be achieved.

 

Advice and guidance on telecommunications development is contained in Planning Policy Guidance Note 8 (Telecommunications).  The guidance advises that planning authorities are encouraged to develop an understanding of the needs and technical problems of telecommunications development and are advised to take into account all material considerations and that applications should not be refused on the basis of policies which take insufficient account of the growth and characteristics of modern telecommunications.

 

Proposals of this nature invariably attract concerns regarding radiation safety and this has been the subject of extensive research.  It is accepted that the perceived health risk associated with type of development could be a material consideration when determining any planning application.  In view of Government guidance, the advice from the National Radiological Protection Board and the Health and Safety Executive and other associated bodies and the fact that there is no conclusive scientific evidence that mobile phones and the base stations propose a long term public health hazard, it is one which should be given appropriate weight but would not presently provide a sustainable reason for refusal.  The current application conforms with the ICNIRP Guidelines.  These guidelines limit public exposure to electromagnetic fields.  PPG8 reaffirms the advice that the planning system is not the appropriate mechanism for determining health safeguards. 

 

The application was accompanied by information in support of the proposal including predictions of coverage and the coverage provided from the existing site at Priory Bay and the consequence of having no site in the area.  Initial investigation was carried out into the possibility of site sharing but no other appropriate sites were located in area.  The other sites that were looked at were Crusader Centre, Westbrook, Oakhill Road, Seaview and another siting within Woodlands Vale Farm.  Details submitted with application indicate that the public safety network is extremely site specific, with high coverage levels required to ensure that the police in this area have constant radio coverage.

 

During processing of application Local Member requested that installation be moved 24 metres westwards away from field boundary and also that mast be disguised as tree.  An assessment of the site by Officers has shown that the proposed siting as submitted is the least harmful visually that can be achieved and it is considered that a tree mast would be more visually prominent and out of keeping with the character of the area. 

 

Detailed matters relating to access arrangements are not material considerations in the determination of the application.

 

With regard concerns about inaccuracies in application details, these have been rectified by the agent and clearly plans showed proximity to residential property.  The agent has confirmed that the tree height has been accurately measured using a clinometer and the Traffic Light Rating in accordance with ODPM Code of Practice is green.

 

Having regard to the characteristics of the area and the landscape features described above, I am satisfied that the agent has demonstrated a need for the installation in this area and that the siting is visually the least harmful that can be achieved.  I do not consider that refusal of the application on grounds of impact of the installation on the landscape, proximity to residential properties and health risks would be justified.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed.  Insofar as there is an interference with the rights of others it is considered necessary for the protection on the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that this installation will not have a significant impact in the landscape or detract from the visual amenities and character of the locality.  Information accompanying the application confirmed that it would operate within ICNIRP Guidelines for Public Exposure to Electromagnetic Fields.  Proposal accords with policies contained in the Isle of Wight Unitary Development Plan and I recommend accordingly.

 

            RECOMMENDATION - APPROVAL

 

Conditions/Reasons:

 

1

The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

 

Reason:  To comply with Section 91 of the Town and Country Planning Act 1990.

2

Prior to the installation hereby approved being brought into use, the external surfaces of the equipment, cabin and mast shall be painted and thereafter maintained in a matt green colour to be agreed in writing with the Local Planning Authority. 

 

Reason:  In the interests of the amenities and character of the area and to comply with policy D1 of the Isle of Wight Unitary Development Plan.

3

Before the development commences a landscaping and tree planting scheme and details of other hard surfacing shall be submitted to, and approved in writing by, the Local Planning Authority.   Such scheme shall specify the position, species and size of trees to be planted, the phasing and timing of such planting and shall include provision for its maintenance during the first five years from the date of planting.

 

Reason:  To  ensure  that  the  appearance  of  the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

4

Any apparatus or structure provided in accordance with this permission shall be removed from the land on which it is situated as soon as reasonably practicable after it is no longer required for the telecommunications purposes and the site shall be restored to its former condition.

 

Reason:  In the interests of the amenities and character of the locality and to comply with policy U17 of the Isle of Wight Unitary Development Plan.