Appllcation No:

N/10/00372/FUL

Proposed Development:

Installation of Telecommunications Pole (1 4.8m) and Associated Equipment Cabinets Site Address:

Site At Balloch Road Balloch Cum bernauld

Date Registered:

20th April 201 0

Applicant: Vodafone Ltd Vodafone House The Connection Newbury RG14 2FN Berkshire Application Level: Local Application

Ward: 002 Cumbernauld North Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan OBrien,

Agent: Mono Consultants 48 St Vincent Street Glasgow 0 2 5TS

Contrary to Development Plan: No

Representations: Six letters of representation received,

Recommendation: Approve Subject to Condittons

Reasoned Justification:

It is considered that the proposal will not detract from the amenity of the application site or the surrounding area and will have a similar impact to that of existing street furniture in the area. The impact on neighbouring properties is considered to be acceptable.

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WI 0100372IFu L Vodafone Ltd ate At Btlloch Road Balloch Cumbmauld Installatlon o f 14.8m Vodafone Tdacommunlcttionr WFUWKT~ WA.. e?%!! b,d’?*mn Pole with 6 no. Antanas and 3 no. Equipmont Cablnets

mBAt2mlr Ea A

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Proposed Conditions:-

1.

2.

3,

4.

5.

That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 75781 -001,75781 -002,75781 -003 and 75781 -004

Reason: To clarify the drawings on which this approval of permission is founded.

That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard,

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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Backaround Papers:

Representation Letters

Letter from Councillor McCulloch dated $8" April 2010. Email from Councillor Chadha dated 11 May 201 0 Emailed communication from Dr Fiona Morrison received 1 ith May 2010. Email communication from Audrey McGowan and Carol Latta received 1 1 th May 201 0. Letter from Fiona McLeod (Parent Council of Eastfield Primary School) dated 1 lih May 2010 supported by 154 signatures. Emailed communication from Annette Rae and Sandra Galloway received 12th May 2010.

Consultation Responses:

Memo from Traff lc and Transportation received on 12* May 201 0.

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.

Report Date:

12th May 201 0

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APPLICATION NO. N/10/00372/FlJL

REPORT

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6.1

The application is for the erection of a 14.8 metre high telecommunications monopole and three associated cabinets on land owned by the Council.

The equipment is to be located on an area of road verge adjacent to Balloch Road. The general area is characterised mainly by residential properties with Eastfield Primary School located approximately 100 metres to the west of the application site. The proposed pole will be situated close to existing street lighting and a bus shelter. The nearest residential property to the proposed telecommunications equipment will be approximately 30 metres away.

Pronosed Develonment

The proposed development is for the installation of a 14.8 metre high monopole and two ground based equipment cabinets and one meter cabinet adjacent to the pole. The telecommunications pole will incorporate six antennae which will be utilised by both Vodafone and 02. The tallest of the equipment cabinets will measure approximately 1.7 metres. Two of the cabinets will be located behind I metre high metal railings which sit adjacent to Balloch Road.

APDlltXnt’S SunPO rtina lnformatioq

The application is supported by the required Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines.

Further information submitted includes an outline of the proposal, technical and design justification and health and safety information.

Develonment Plan

The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

In the Cumbernauld Local Plan 1993, the site lies within an area covered by Policy HG4 (Residential Amenity) which states that developments should not be detrimental to local residential amenity. There is no specific telecoms policy in the local plan.

Consultationg

Traffic and Transportation have offered no objections to the proposal provided that the Type B cabinet does not impact upon the turning movements of maintenance vehicles and that a minimum I S metre straight line clearance is maintained for maintenance vehicles.

It should be noted that due to an administrative error neighbour notification was carried out mistakenly for an incorrect location on Balloch Road. It is noted that no neighbouring properties were disadvantaged by this error and no additional properties

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are required to be neighbour notified.

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Representations have been received from Councillor McCulloch on behalf of local residents, Councillor Chadha, a local resident, Parent Council of Eastfield Primary School (supported by 154 signatures), a local resident and four employees of Eastfield Primary School. The main points of objection are community concerns over the proximity of the telecommunications equipment in relation to Eastfield Primary School, road safety, lack of adequate discounting of other sites and potential risks to public health. Councillor McCulloch requested a site visit and hearing in order to allow the committee to fully consider the concerns of the local community.

Plannina Assewme nt

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

Develooment Plan Cumbernauld Local Plan 1993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. There are no specific telecoms policies in the Cumbernauld Local Plan. Accordingly the proposed development must be considered on its merits in terms of the local environment. The site location and acceptable design of the proposal make this development environmentally acceptable and in accordance with Policy HG4. Amenity matters are covered in 6,5 below.

Other Material Considerationg - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy HCF 1 (Residential Amenity) in the Draft Plan in that it will not have an unacceptable impact on the residential amenity of the surrounding area.

National Telecommunications Policy Planning Advice Note 62 (Radio Telecommunications) states that radio telecommunications have an important role to play in supporting the further social and economic development of Scotland. To ensure acceptability of such developments high standards of design and location should be sought. Scottish Planning Policy (Communications Infrastructure) supports telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken. The intention is that the telecommunications equipment should become an accepted and unobtrusive feature of urban and rural areas where careful siting and design can reduce visual intrusion and play a part in allaying public concerns. It is considered that the proposal complies with national policy.

Effect on Local Amenity: It is considered that the proposed d8VelOpment is of an ancillary nature to the local street scene which will improve mobile phone coverage in this part of Cumbernauld. It is considered that the proposal is not detrimental to the residential amenity of the local area and its potential impact on nearby residential areas is deemed to be acceptable. It is considered that the equipment will be situated an adequate distance away from Eastfield Primary School. The proposal is considered to be of similar visual impact to that of existing street furniture in the area such as lighting columns (although approximately 2.8 metres higher) and is designed as such. Whilst it is accepted that such structures are not necessarily aesthetically pleasing they are not considered to be overly obtrusive in nature. The proposed site is situated an adequate distance of approximately 30 metres from the nearest dwellinghouse. The structure is of limited height and girth and therefore would have a minimal impact upon the existing visual amenity of the area.

Applicant's Supporting Information: It is considered that the applicant has satisfied the criteria set out in both SPP and PAN 62 in that consideration and assessment has been undertaken in the siting and design of the telecommunications pole and associated apparatus to achieve acceptability and minimal impact. A certificate of

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Declaration of Conformity with ICNIRP Public Exposure Guidelines has been provided by the applicant. It is considered therefore that the impact of the proposed development on nearby residential areas is acceptable. The applicant has also demonstrated that other sites have been considered for the siting of this equipment. For example the equipment was initially to be situated at Grieve Road, Seafar however the planning application 09/01 37Q/FUL was withdrawn due to the discovery of underground services in the close proximity of the application site. Auchenkilns Park was also considered however this would not have achieved an acceptable level of coverage for the operators in comparison to the Balloch Road site.

Consultations: Following the consultation process the Traffic and Transportation section have advised that they have no objections to the proposal provided that the Type B cabinet does not impact upon the turning movements of maintenance vehicles and that a minimum 1.5 metre straight line clearance is maintained for maintenance vehicles. It is considered that the equipment, and in particular the Type B cabinet, are appropriately positioned in order for a 1.5 metre clearance to be retained and to not impact upon the turning movement of maintenance vehicles.

Representations: Several objections to the application have been received. The points of objection ralsed can be summarised as follows:

Point of objection: The applicant has provided a lack of adequate reasons for discounting alternative sites for the location of the telecommunications equipment.

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7.8

Comment It is accepted that the applicant is required to erect a mast for 3G coverage in the Balloch area. The applicant has provided a list of alternative sites that have subsequently been discounted. Potential sites at Auchenkllns Park and Grangeneuk Gardens were discounted because they would not provide the required level of coverage. Sites at Mings restaurant and the Red Deer Public House at Auchenkiins were ruled out because the landowners did not respond to the applicant’s initial approach for permission to situate the equipment at these locations and in any case a much larger mast (35m) would have been required to achieve similar levels of coverage, It is recognised that the applicant is under time constraints to have the technology up and running to provide a service to the local community and therefore cannot wait for a response from landowners for an indefinite period of time. Therefore I am satisfied that other sites have been considered for the location of the equipment and have been ruled out for acceptable reasons.

Point of objection: The equipment raises road safety concerns as road visibility will be reduced by service vehicles installing and maintaining the equipment,

Comment: Traffic and Transportation have not objected to the proposal and have no concerns with the impact that the equipment may have on road visibility.

Point of objection: Concerns are raised in relation to the potential health implications as a result of the situation of such equipment in close proximity to residential properties and Eastfield Primary School/Nursery.

Comment: A certificate of Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines has been provided by the applicant. Therefore it is considered that the potential impact of the proposed development on local residents is acceptable. It is recognised that perception of health risk is a material planning consideration but it is not considered that it is such an overriding issue as to warrant a recommendation for refusal.

8. Conclusion

8.1 It is considered that the proposal will have an acceptable impact on the amenity of the surrounding area, on local residents and on Eastfield Primary School. It is noted that the proposed equipment is similar in nature to existing street furniture in the area, is

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not of an overly obtrusive appearance and will be effectively screened by adjacent trees. The location of the proposed equipment is considered to be acceptable and it is an adequate distance away from residential properties. No significant road visibility or access concerns are raised by the proposal. It is noted that other sites have been considered for the location of the proposed equipment and have been discounted for various reasons. It is accepted that this site represents the best option for the siting of the equipment and will contribute to improving mobile phone coverage in the surrounding area. Despite a number of objections being received from local residents and parents of pupils at the local Eastfield Primary School and Nursery it is considered that the points of objection do not warrant a refusal of the application.

8.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the erection of the telecommunications apparatus at Balloch Road, Cumbemauld.

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NORTH LANARKSHIRE COUNCIL

LT0: PLANNING AND TRANSPORTATION Subject: Planning Application N/10/00372/FUL

From: HEAD OF PLANNING AND Balloch Road, Balloch, Cumbernauld.

COMMITTEE Installation of Telecommunications Pole (1 4.8m) and Associated Equipment Cabinets at

DEVELOPMENT

SUPPLEMENTARY REPORT

Date: 20th July 2010 Ref: N/10/00372/FUL

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2.2

Purpose

The purpose of this report is to advise Committee of additional representations in respect of the above application and to comment on their content.

Background

Since the preparation of the original Committee Report, dated 12th May 2010, eight further representations have been received from members of the public including Councillor Chadha. One of the letters was written by Rose-Marie McKenna (Parent Council of Eastfield Primary School/Nursery) and is backed up by 225 signatures of parents of pupils at the schooVnursery. Several of the points of objection contained in these latest letters and emails of have already been covered in the committee report. The additional points raised by the latest letters of objection are dealt with below.

The points raised are as follows:-

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The proposal is contrary to the Adopted Local Plan.

The proposed equipment will be of an unattractive appearance and will detract from the amenity of the local area.

The equipment will create problems with overshadowing.

There will be a negative impact on the local natural environment.

There are other alternative Greenfield and out-of-town sites which would have been a more suitable location for the proposed equipment.

The proposal will result in the loss of public space.

The potential could impact on neighbouring residential properties in terms of generating noise.

The proposal might create a precedent which might make it difficult to refuse similar proposals near school buildings and residential areas in the future.

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3. Considerations

3.1 The points raised in the objection letters and the response is as follows:- . The proposal is contrary to the Adopted Local Plan.

Comment: There are no specific telecommunications policies in the adopted Cumbernauld Local Plan, 1993. There are no telecoms policies in the local plan application and the site is covered by Policy HG4 (Residential Amenity). It is considered that the proposal will not have a detrimental impact on the residential amenity of the immediate and surrounding area.

The proposed equipment will be of an unattractive appearance and will detract from the amenity of the local area.

Comment: It is accepted that such equipment is not necessarily aesthetically pleasing, although in this case is not unlike existing street furniture in the area. It is considered that the proposed equipment is of a small enough scale to not impact in an unacceptable way on local amenity and the local streetscape on Balloch Road. Due to the slim-line design of the pole it is considered that it will have a similar visual impact to existing street lights. It is also considered that the equipment will be adequately screened by adjacent large trees.

The equipment will create problems with overshadowing.

Comment: The proposed equipment will be situated an adequate distance from residential properties and will have no impact on the sunlight/daylight they receive. In any case the overshadowing that will result from the equipment will be minimal and similar to that caused by existing street furniture.

There will be a negative impact on the local natural environment.

Comment: The proposed equipment is considered to be appropriate for the urban setting where it will be located and it is considered that it will have a similar impact on the surrounding natural environment to that of existing street furniture.

0 There are other alternative Greenfield and out-of-town sites which would have been a more suitable location for the proposed equipment.

Comment: It is accepted that the applicant is required to erect a mast for 3G coverage in the Balloch area. The applicant has provided a list of alternative sites that have subsequently been discounted. It is acknowledged that the required level of coverage would not be achieved by locating the equipment on green belt land outwith the urban environment. Therefore I am satisfied that other sites have been considered for the location of the equipment and have been ruled out for acceptable reasons.

0 The proposal will result in the loss of public space.

Comment: It is considered that the proposed equipment is to be situated on a small section of open space with little amenity value. The proposed equipment will not remove a significant amount of useable open space from the public realm.

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The potential could impact on neighbouring residential properties in terms of generating noise.

Comment: The experience of the Planning Authority in dealing with similar previous planning applications and viewing the equipment when completed would indicate that such equipment does not generate significant levels of noise nor does it have the potential to do so. Therefore it is considered that such equipment creates minimal disruption and inconvenience for local residents in terms of noise.

The proposal might create a precedent which might make it difficult to refuse similar proposals near school buildings and residential areas in the future.

Comment: It is considered that such applications are considered by the Planning Authority on a site specific basis and are considered on their own merits. Therefore it is not considered likely that similar applications would be approved on past precedents been set.

Financial Implications

No relevant financial implications.

Corporate Considerations

No relevant corporate implications.

Conclusion and Recommendation

Having taken the additional representations into account, it is considered that the matters raised are not of sufficient weight to refuse the application, and it is recommended that the application be granted subject to conditions in original report dated 12'h May 2010.

PATRICK KELLY Head of Planning and Development (1 7' May 201 0)

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Local Government Access to Information Act: For further information please contact Barry Clarke on 01 236 61 6394.

Backaround Papers:

Representation Letters

1. Report on Planning Application N/10/00372/FUL 2. Email dated 17* May 201 0 from Councillor Chadha 3. Email dated 9* May 2010 from Ms Fiona Gamble, 36 Cairntoul Court, Cumbernauld 4. Letter dated 11 th May 2010 written by Rose-Marie McKenna (Parent Council of Eastfield Primary

School/Nursery) and backed up by 225 signatures of parents of pupils at the school/nursery. Please note that this is a different draft to the letter covered in the Committee Report written by Ms McLeod of the Parent Council.

5. Email dated 1 2'h May 201 0 from Ms Lorna Holland 6. Letter dated 13* May 2010 from Mrs J.McLelland, 99 Grangeneuk Gardens, Cumbernauld 7. Email dated 13'h May 2010 from Ms Karen Somerville, 97 Grangeneuk Gardens, Cumbernauld 8. Email dated 14'h May 2010 from Ms Patricia Love 9. Email dated 16'h May 2010 from Mrs O'Brolly, 75 Grangeneuk Gardens, Cumbernauld

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