egenda.dumgal.gov.ukegenda.dumgal.gov.uk/aksdumgal/images/att9653.pdfcapable of housing additional...

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0 Crown Copyright all rights reserved Dumfries & Galloway Council LA 100013348 2006

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COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 18 DECEMBER 2006

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0 Crown Copyright all rights reserved Durnfries & Galloway Council LA 100013348 2006

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* .,, .+ * ,Grassed. Field * *

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wide access gate

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* * * * * ___ Proposed 0, I Om gl om

lease demise are7

Proposed plantiw around compounq

Proposed 0, 1 .* vide access gate

Proposed 0, electrical merei cabinet on concrete foundation within fenceline

Proposed 3No. 0, 2G equipment cabinets

Proposed 0, 17. lm hlgh Swan Hrav duty Lightweight lattice tower .'nth access ladder and anti-climb d&ct on 3.6m x 3.6m concrete four+wo

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Future 0, 3C equipment- cabinet on concrete foundation

Proposed Oz compound -- (51 00 x 5 100) enclosed by 1.2171 high timber post and rail stockproof fence

Proposed 0, overhead cable

Proposed Oz 1 SOm long temporaty -4 panelled access track for duration of Construction period. Tree 5.0m high approx

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Proposed field drain along Southern edge of proposed Oz compound

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.,, .I, .I, \,, 4, * * COMPOUND LAYOUT


3.5 0 Crown Copyright all rights reserved Dumfries & Galloway Council LA 100013348 2006

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crrciriea by Name Signature O2WK) Radlo Planner

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A I 40')

Proposed 0, access I ladder Future 0, 2No. _J

3000 transmission dishes

EQUIPMENT PLAN ON TOWER Scale 1 :SO

Proposed 0, overhead cable tray and gantw s u p ~ ~ ~ poles wlth ASTP box attached

Trees height S.Om AGL approx.

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Ground Level

Proposed 0, compound ___ (5 IO0 x 51 00) enclosed by 1.2117 high timber post and rail stockproof fence

Proposed 0, 1.2m high -- timber post and rail stockproof fence with 1 .Om wide access gate

Proposed 2No. 0, antennas r---- Top of antennas 17.1 m A.G.L. -2 C of antennas

approx. 15.9m A L L .

Tower height 15.0m A L L . 2

Future 0, 2No. 3000 transmission dishes

Proposed 0,17.1 m high Swan Heavy duty Lightweight lattice tower with access ladder and anti-climb device

--

on 3.6m x 3.6m concrete foundation

Proposed 3NO. 022G equipment cabinets

Proposed planting around compound

Proposed 02 Antenna / Dmh shduk Anennal Anlenna Si21 HIlghtF Antenna Cable Cable Dish Ref T V P I-) A C Urn1 Bearing Type Length

Future 02 Antenna I Dish Schedule Antennal Anlcnna 512. Helphi< Antenna Cabk Cabk t-I OlrhRd TYDC lmml G Limb k a r m l 1- Lcnplh

Note: Refer to Site Selection Sheet SSF Issue 0.1 dated 14th July 2006 for details of proposed 0, antennas

Trees height 7.0m AGL approx.

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v- EAST ELEVATION

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David Bell - Operations Manager Development Control Kirkbank, English Street, Dumfries, DGI 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

PLANNING APPLICATION FOR ERECTION OF 17.1 METRE HIGH TELECOMMUNICATIONS LATTICE TOWER SUPPORTING 2 ANTENNAS AND 2 DISHES; INSTALLATION OF 3 GROUND CABINETS AND ANCILLARY GROUND BASED EQUIPMENT ENCLOSED IN A 1.2 METRE HIGH POST AND RAIL FENCE AT BACK 0 HILL FARM, LAND ADJACENT TO LOVER'S WALK, ANNAN

APPLICANT: 0 2 LIMITED REF. NO.: 06/P/40446

I BACKGROUND

1 .I The application site is located due south of Annan in the centre of a field used for grazing. The field boundaries are adjoining public roads, including Lover's Walk on the north side. The application site covers an area of 1 00m2. The proposed 17.1 m lattice tower, supporting 2 antennas and 2 dishes, and ground-based equipment would be enclosed within a 1.2m high timber post and rail fence compound area.

1.2 A copy of the agent's additional information indicating the list of sites considered and the reasons they have been discounted is set out in Appendix 2. The agent has submitted the International Commission on Non-lonising Radiation Protection (ICNIRP) declaration with their application. Consequently, health concerns cannot be considered as a material planning consideration .

1.3 Pre-application discussions have taken place with numerous alternative sites being Considered. Annan Old Parish Church, an industrial site and a scrap yard were considered and preferred to the current site but failed to progress for the reasons explained in Appendix 2 Site Selection Process.

1.4 Local residents have objected to this proposal on various grounds, including non- planning matters which shall not be considered in this report. Such matters related to health and property prices.

2 CONSULTATIONS

2.1 screening of the compound area are acceptable. He accepts the justification for a lattice

Council's Landscape Architect - The screen planting proposals and specification for


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tower on this site and the potential for other operators to share the tower in the future (which could not be achieved using a monopole).

2.2 Scottish Natural Heritage - No objection although recommend that alternative locations be considered for this development in order to reduce the impact upon the local landscape character. SNH welcome the proposed addition of planting within the compound with native species. SNH advise that any pruning of the existing trees to allow planting or fencing works be kept to a minimum.

3 REPRESENTATIONS

3.1 Objections to the application were received from the following:-

Annan Community Council and 55-signed petition; Mr J Hawkins, Achill, Back of the Hill, Annan; Mr & Mrs Woodman, Hilltop House, Back of the Hill, Annan; Ms M C Christie, Fairfield, Hilltop, Annan; Ms T M E Woodman & Mr R McMinn, 9 Argyll Terrace, Back of the Hill, Annan.

The issues raised in the letters can be summarised as follows:-

a) walkers and such a large construction would not blend into the landscape.

The site is inappropriate as the site is an area of natural beauty, popular with local

b) danger to school children walking to and from the three schools in the area (Annan Academy, Elmvale school & Hecklegirth school).

An increase in heavy traffic on Elm Road during construction phase will be an added

c) without so many obtrusive masts. This region will be the first in the UK to receive digital TV signals and the BBC claims that they can cover every community using simple dish aerials.

With the developments of satellite technology, it must be possible to cover an area

d) The access in the site layout is different to that in the location plan: which is correct?

e) winter months when leaves have fallen.

Existing trees will be insufficient to disguise the mast, which will be more visible during

3.2 Agent acting on behalf of 02, offers the following comments in support of the application:-

a) residential housing. The proposal involves the installation of a Swan Lattice Tower and associated equipment within the field adjacent to Lover's Walk, Annan. The design of the proposed tower is reasonably transparent as it allows the passage of light through the main structure. For this reason, it is anticipated the installation will be visually discreet.

The proposed site is situated on the outskirts of Annan and away from the majority of

b) A new base station is required in Annan to provide 2G-network coverage to the town, as the current level of coverage within the area is insufficient. In addition, the installation is capable of housing additional 3G equipment, which may be required to provide 3G-network


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coverage into Annan at a later stage. The proposed site adjacent to Lover's Walk is elevated above the town of Annan and should provide a good level of coverage into the target area. Due to the design of the tower, it is anticipated the installation would blend into the surrounding area and it may be possible for other telecommunications operators to utilise this structure.

c) within Newdyke Industrial Estate and the premises of John Walker & Son, which is situated off Scott's Street. However, the site providers later withdrew from negotiations with 0 2 and as a result, these options could no longer progress. An alternative location was reviewed within Annan Old Parish Church to accommodate the development. Hutchinson 3G already are investigating this possibility and confirmed that there would be insufficient space to accommodate more than one operator / site share.

0 2 initially investigated the possibility of erecting a telecommunications installation

d) be required over a period of two months. Thus, the level of increased traffic would be minimal. Engineers would normally travel to sites in cars or small 4x4 vehicles similar to a Land Rover. The volume of traffic would be insignificant.

In relation to the construction of the site, fewer than ten commercial movements would

e) There are many technical reasons why satellite technology is not deployed for mobile communications. Satellite communication is point-to-point communication (i.e. the communication link is between 2 fixed points, the geostationary satellite transmitter orbiting the earth and the fixed satellite dish on the receiving end, for such means of communication line of sight is essential). As "mobile" phones are by definition "mobile", maintaining a fixed link would be impossible, in building / car / train communication would not be possible as line of sight would again be impossible.

f) To maintain an effective communication link whilst "mobile" requires both the transmitter and the receiver to signal continually to update for example location / power / handover information and much more signalling that is too complex to summarise. The signalling occurs over fractions of a second almost consistently; the time delay between a satellite transmitter & mobile receiver and the return path would be too great to permit such signalling to occur successfully. Admittedly, satellite phones are available; however, they are constrained by requiring a fixed location, the need for a dish to receive that is outdoors and are subject to the time delay which not only effects signalling but also speech, they are also the size of a small briefcase with very limited battery power and require a degree of expertise to set up.

g) All mobile operators do not have licences to operate on the spectrum available for satellite communication and at present, the technology to operate over such an interface is not developed. The cost to operate such a system would be prohibitive to any business and would be unlikely to have a mass uptake in custom due to operating cost being passed on to the consumer.

h) It should be noted that TV is receive-only with a satellite or free-view receiver; it is not a transmitter. The agent clarifies that he is not an expert in satellite communications; he works for a mobile telecoms operator and has expressed his opinion based on his understanding of radio within that field.


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4 REPORT

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that: - “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. ”

4.2 The Development Plan for Annan comprises the Dumfries & Galloway Structure Plan 1999 and the Annandale & Eskdale Local Plan 2006.

4.3 National Planning Policy Guideline (NPPG) 19 Radio Telecommunications and Planning Advice Note (PAN) 62 Radio Telecommunications are further material considerations which shall be referred to in determining this application. NPPG19 states:- “The planning system should not be used to secure objectives that are more properly achieved under other legislation.. . it is not necessary for planning authorities to treat RF as a material consideration.” The applicant has provided the necessary International Commission on Non- lonising Radiation Protection (ICNIRP) declaration to demonstrate that the known health effects have been properly addressed.

4.4 The application should be assessed against NPPG 19 as it sets out the Scottish Executive’s planning policy on radio telecommunications. The aim is that such equipment should become an accepted and unobtrusive feature of urban and rural life. Scottish Natural Heritage and the Council’s Landscape Architect assessed the visual and environmental impacts this proposal would have on the surrounding area south of Annan. Both consultants responded with no objections and were supportive of the screen planting proposed in amended plans submitted. The valid point raised in the letter of representation regarding developments of modern technology to remove the mobile phone infrastructure has been answered in the comments provided by the agent shown in paragraph 3.2 above.

4.5 PAN 62 states:- “Less visually sensitive areas where the use of standard equipment may be more readily acceptable include: industrial areas, large traffic junctions, land adjacent to railway lines, landfill sites etc.. .” Industrial estates and local scrap yard sites were considered and were not progressed due to unforeseen difficulties with finalising agreements with landowners. Sensitive locations such as Conservation Areas, Scheduled Ancient Monuments and their settings, Listed Buildings and their settings, and recreational areas have been avoided. The agent has confirmed that the proposed mast has the potential for sharing thus reducing the need for additional masts south of Annan in future. The existing network coverage is insufficient and the proposed location would cover the majority of the south side of Annan. Should the Committee decide in favour of the application, a condition should be attached to ensure the colour of the mast and antennas are sympathetic to the su rrou nd i ng envi ro n men t .

4.6 Structure Plan Policy S25 - Telecommunications Development states:- “The Council supports and encourages the development of telecommunications facilities and services which assist the local economy or support local communities.” The application site is not sensitive in that it is not located within a Conservation Area, adjacent to a Listed Building or within an archaeologically sensitive area, nor does it fall within any natural heritage designation (e.g. SSSI). Site share was considered but was not feasible in that Hutchison 3G was unable to share the Old Parish Church site. As shown in Appendix 2, alternative


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sites were considered and discarded due to insufficient coverage, inability to gain agreement with landowners and / or located close to sensitive sites such as Listed Buildings.

4.7 The Local Plan does not contain a specific policy on telecommunications. Members have agreed to the preparation of supplementary guidance and no objections have been received to date from the telecommunications industry to this approach. Work will begin on the preparation of supplementary guidance on Telecommunications next year.

4.8 Road safety concerns were highlighted within letters of representation for pedestrians, especially school children walking along Elm Road during construction and maintenance of the proposed development. It is anticipated that the construction period would be short term (two months) and the maintenance would be minimal (two or three visits annually). Consequently, there are insufficient road safety concerns to warrant refusal of this application .

4.9 The final issue to be addressed involves clarification of the access on plans submitted. The site layout and location plan do not show different accesses, as indicated in a letter of representation. The access would be via the field access gate adjacent to the junction of Lover's Walk and Elm Road. The confusion may have arisen in that there is an arrow on the location plan identifying the site access route from the access to the mast site but this is not the point of access.

4.10 There appears to be no valid planning grounds to refuse the application on visual impact grounds, road safety grounds or health grounds. Alternative and preferable locations were investigated by the developer in consultation with the planning authority but ultimately, these have all failed to prove viable. There is a demonstrable need to improve the 02 coverage in the Annan area due to increasing mobile usage. The application is considered to meets the guidance in NPPG19 and PAN62 and comply with the relevant policies in the Council's development plan. Accordingly, subject to the appropriate conditions, the proposal is recommended for approval.

5 RECOMMENDATION

5.1 Approve subject to the following conditions:-

1. five years of the date of this permission.

That the development hereby granted planning permission shall be commenced within

2. That the development hereby granted planning permission shall be implemented in full accordance with the approved plans and the details specified on the application form unless otherwise agreed in writing by the planning authority or unless otherwise required by conditions attached to this permission.

3. That the colour of the telecommunications lattice tower and antennas shall be agreed in writing with the planning authority prior to the erection of the lattice tower and it shall be finished in that colour within a period of 1 month of its erection. The colour shall thereafter be retained for the lifetime of the development.


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4. That, in the event of any of the telecommunications equipment (including the lattice tower) hereby granted planning permission becomes redundant or obsolete for any reason, it shall be removed from the site forthwith. Thereafter, any works required for the reinstatement of the land shall be carried out within three months of the date of the said removal and in accordance with a scheme for such reinstatement works, which shall be submitted to and approved in writing by the Council as planning authority.


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APPENDIX I DUMFRIES AND GALLOWAY STRUCTURE PLAN:

Policy S25 : Telecommunications Development The Council supports and encourages the development of telecommunications facilities and services, which assist the local economy or support local communities. Telecommunications developments should be sited, designed and developed in a manner, which minimises impact on the environment, by taking into account: -

1. Buildings and Archaeological Sites;

impact on landscape and environmental interests including Conservation Areas, Listed

2. shared use of existing or proposed telecommunication facilities;

3. siting radio antennae or other apparatus on existing buildings or structures; and

4. considerations .

the availability of alternative sites, taking account of technical and operational

Consideration will be given to only granting temporary permission to take account of technology change.

ANNANDALE & ESKDALE LOCAL PLAN:-

General Policy 1 : Development Principle There will be a general presumption against development, which would give rise to a material degree of land use conflict, which would materially detract from and / or be incompatible with the character or amenity of the locality.

General Policy 2 : Development Considerations As part of the assessment of development proposals, including those on sites identified in the Plan, developers will be required to satisfy the Planning Authority with regards to their proposals in terms of all of the following: -

a) and water supply;

access, ground conditions and stability, contamination, foul and surface water drainage

b) traffic generation onto the adjacent road network;

c) flooding; (see Policy 58 on Flood Risk and Development);

d) environmental impact.

When assessing planning applications, the Planning Authority will take into account the provisions of any site guidance, site specifications, or development brief as set out in Section 3 of the Plan. Where further information is required, the Planning Authority may apply the provisions of Article 13 of Town and Country Planning (General Development Procedure) (Scotland) Order 1992 or Article 4(3) in respect of outline applications.


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General Policy 7 : Siting and Design The Council as Planning Authority will require development to:-

a) the building, group of buildings or adjacent area of which it will form a part; and

have regard to the character and appearance, scale, density, massing and materials, of

b) contribute to the quality of the local environment having regard to the Local Biodiversity Action Plan; and

retain and, where appropriate, enhance important physical or landscape features which

c) ridge lines or other visually sensitive sites; and

have no material adverse effect on the local landscape character, avoiding prominent

d) and

take into account the guidance and advice set out in the Landscape Assessment Study;

e) comply with the Design Guidance set out in Appendix 1; and

f) Prevention”; and

where appropriate, have regard to the principles of PAN 46 - “Planning for Crime

g) the development; and

have regard to the replacement of any trees which are unavoidably lost as a result of

h) orientation and layout of the site or buildings.

have regard to the need for energy conservation and efficiency in the design,

NATIONAL PLANNING POLICY GUIDELINE 19 - RADIO TELECOMMUNICATIONS

This sets out how masts, antennas and associated equipment can be introduced and associated equipment can be introduced in ways that are more sensitive to the environment than has sometimes been the case. It also sets out how health issues and matters of public concern should be considered. The purpose of the policy is to ensure that infrastructure can be developed in a way which continued to provide Scotland with world class telecommunications services while at the same time minimising the environmental impact of new or replacement equipment. The Guideline has been prepared as part of the Executive’s response to the Inquiry by the Transport and Environment Committee of the Scottish Parliament into planning procedures for telecommunications development; and the report (The Stewart Report) prepared by the Independent Expert Group on Mobile Phones (IEGMP) which considered health effects from the use of mobile phones, base stations and t ransm itters.

PLANNING ADVICE NOTE 62 - RADIO TELECOMMUNICATIONS

This PAN gives advise on the process of site selection and design and illustrates how equipment can be sensitively installed. It explains why additional base stations are needed to serve the growth in customer demand and in response to changing technical requirements, including third generation of mobile phones.


6. Site selection process - alternative sites considered and not chosen

site3 Greenfield

Rooftop

Rooftop

Greenfield

Site Share

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Site Name and address Watchall Farm

Kerr's Timber, Annerley Road

Annan Old Parish Church

DFS Caskets, Newdyke Industrial Estate

Vodafone Mast, Port Street

NGR E - 320369 N - 566220

E - 320083 N - 565832

E - 319527 N - 566597

N/A

E - 319087 N - 566224

Reason for not choosing' This site was located close to a Grade ' A listed building, in close proximity to an old people's home and a site of archaeological importance. As a result, it may have created a detrimental affect to the surrounding area.

Negotiations took place with the Landlord however an agreement could not be reached. The Landlord has plans for the whole site, and is unable to commit to a Lease with 02. In addition to this, the building comprises a large amount of asbestos, which is likely to cause problems during build.

The 0 2 Network Planner confirmed this site would not provide the required level of network coverage to the target area. In addition to this, Hutchinson H3G are investigating the church and believe there would be an insufficient level of space to accommodate more than one operator.

An approach was made to the owner of the premises with regards to housing a telecommunications installation however showed no interest in progressing matters with 02.

Due to the existing Lease terms between Vodafone and Network Rail, this site is unavailable to share. The site is not registered on www.site-share-olo.com and is therefore not a sharable/marketable site. In addition to this, the site would also have required major redevelopment to accommodate both operators and would have included an increase in the height of the tower.

ETS - Existing Telecomm site, ES - Existing Structure, RT - Roof Top, GF - Greenfield SP - Site Provider, RD - Redevelopment Not Possible, T - Technical Difficulties, P - Planning 4

0 - Other

http://www.site-share-olo.com

Greenfield

Greenfield

This option was initially investigated by 0 2 and progressed. However, due to unforeseen circumstances the site provider later withdrew from negotiations. This option was initially investigated by 0 2 and progressed. However, due to unforeseen circumstances the site provider later withdrew from negotiations.

R Waugh & Sons, Newdyke Industrial Estate, Stapleton Road,

E - 320272 N - 566524

Annan, DG12 6LY John Walker & Son, Shawhill Station Yard, Scott’s Street,

E - 320065 N - 566280

Annan, DG12 6JG

If no alternative site options have been investigated, please explain why

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