AGENDA ITEM NO 5 REPORT NO 420/17 ANGUS COUNCIL DEVELOPMENT MANAGEMENT REVIEW COMMITTEE – 21 NOVEMBER 2017 KIRRIEMUIR THISTLE FOOTBALL & SOCIAL CLUB, WESTVIEW PARK, KIRRIEMUIR REPORT BY THE HEAD OF LEGAL AND DEMOCRATIC SERVICES ABSTRACT: The Committee is asked to consider an application for a review of the decision taken by the planning authority in respect of the refusal of planning permission for the installation of a 15.0m lattice mast with 3no. antennae, 2no. 300mm dishes and ancillary equipment cabinets, application No 17/00517/FULL, at Kirriemuir Thistle Football & Social Club, Westview Park, Kirriemuir. 1. RECOMMENDATIONS It is recommended that the Committee:- (i) review the case submitted by the Planning Authority (Appendix 1); and (ii) review the case submitted by the Applicant (Appendix 2). 2. ALIGNMENT TO THE ANGUS LOCAL OUTCOMES IMPROVEMENT PLAN This Report contributes to the following local outcomes contained within the Angus Local Outcomes Improvement Plan 2017-2030:  Safe, secure, vibrant and sustainable communities  An enhanced, protected and enjoyed natural and built environment 3. CURRENT POSITION The Development Management Review Committee is required to determine if they have sufficient information from the Applicant and the Planning Authority to review the case. Members may also wish to inspect the site before full consideration of the appeal. 4. FINANCIAL IMPLICATIONS There are no financial implications arising directly from the recommendations in the Report. 5. CONSULTATION In accordance with Standing Order 48(4), this Report falls within an approved category that has been confirmed as exempt from the consultation process. NOTE: No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report. Report Author: Sarah Forsyth E-Mail: [email protected] List of Appendices: Appendix 1 – Submission by Planning Authority Appendix 2 – Submission by Applicant APPENDIX 1 ANGUS COUNCIL’S SUMISSION ON GROUNDS OF REFUSAL APPLICATION NUMBER – 17/00517/FULL APPLICANT- TELEFONICA PROPOSAL & ADDRESS – THE INSTALLTION OF A 15.0M LATTICE MAST WITH 3NO ANTENNAE, 2NO 300MM DISHES AND ANCILLARY EQUIPMENT CABINETS AT KIRRIE THISTLE FOOTBALL & SOCIAL CLUB WESTFIELD PARK HERDHILL KINGSMUIR DD8 5LG CONTENTS AC1 Report of Handling Policy Tests (Angus Local Development Plan 2016) Policy DS4, TC13, PV2 & Advice Note 26 – Please click on the following links below: - https://www.angus.gov.uk/directories/document_category/development_plan http://www.angus.gov.uk/sites/angus- cms/files/Telecommunications%20development.pdf Consultation Responses AC2 Roads – Traffic 28.06.17 Application Drawings AC3 Refused Site/Location Plan AC4 Refused Drawings Further Information Relevant to Assessment AC5 Site Photographs AC6 Decision Notice AC7 Correspondence between Applicant and Planning Officer Supporting information from Applicant AC8 Panoramic View AC9 Supplementary Information AC10 Coverage Comparison between Suggested Sites AC11 General Background Information AC12 Covering of Plots Powerpoint Presentation AC13 Design and access statement AC14 ICNIRP Declaration AC15 Health And Mobile Phone Base Stations AC1 Angus Council Application Number: 17/00517/FULL Description of Development: The Installation of a 15.0m Lattice Mast with 3no. Antennae, 2no. 300mm Dishes and Ancillary Equipment Cabinets. Site Address: Kirrie Thistle Football & Social Club Westview Park Herdhill Kirriemuir DD8 5LG Grid Ref: 337965 : 753661 Applicant Name: Telefonica Report of Handling Site Description The application site measures approximately 38sqm and is located towards the western periphery of Kirriemuir within Westview Park (Kirriemuir Thistle) football ground. The site is currently an open area of hard standing used for parking and is surrounded by a petrol station to the east, residential properties to the southeast, open space to the north and the remainder of the football ground to the west with the club house immediately south. The site is accessed via an existing access taken from the south side of B951. The closest housing to the site is located at Westfield, with 22 Westfield approximately 18 metres from the proposed mast Proposal The application seeks to erect a 15m high galvanised grey steel lattice telecoms tower with 3 antennas which would project 3m above the top of the mast, resulting in a total height of the structure being approximately 18m. Below this, 3 radio transmitters (RRU's) and 2x 300mm diameter transmission dishes would also be installed on the tower frame. The tower and 2 cabinets, 1 with dimensions of 1300x700x1450mm and 1 with measuring 600x500x1535mm, both of which would be finished in green (RAL6009), would be erected on a 4m x 4m concrete base. The concrete base would be surrounded by a 1.8m high close board fence. The application has not been subject of variation. Publicity The application was subject to normal neighbour notification procedures. The nature of the proposal did not require that the application be the subject of press advertisement. The nature of the proposal did not require a site notice to be posted. Planning History 10/01274/FULL for Erection of Floodlights, Replace Existing Lampheads and Reinstate Boundary Fence was determined as "approved subject to conditions" on 31 January 2011. Applicant’s Case A Planning Design Statement was submitted alongside the application. This overarching document provides an introduction, a history and a summary of the proposal. A generalised document named General Background Information for Telecommunications Development AC1 was submitted in support of the application and provides a brief background to telecoms developments, including site selection processes and relevant planning policies. An ICNIRP certificate was submitted in support of the application and confirms the cumulative emissions from the proposed installation and all radio base stations present at, or near the proposed location are below a safe level. A document named Health and Mobile Phone Base Stations provides details including research reviews and compliance with international exposure and ICNIRP guidelines. This is to aid in addressing public concern about perceived health effects of mobile technology and its deployment, in particular about siting masts close to local communities. A further overreaching 'Supplementary Information' document was provided in support of the application and gives a brief overview and background to the proposal. This document summaries per-applications steps and discussions and includes considerations of alternative sites for the proposed development. The current site was chosen to provide improved 2G, 3G, 4G services in Kirriemuir and on the basis it would not be in direct view of residential properties. Various coverage maps were submitted in support of the application which show existing and planned 2G, 3G, 4G services as a result of the proposed mast. An additional set of coverage maps were submitted which show the services available from a mast at an alternative location within Westview Park. A number of emails from the agent were received during the application process in response to various concerns raised by the Planning Authority. The emails note that mast sharing with a nearby mast, which was recently approved on appeal, would not be possible as the masts serve the same operator and the phase of sites is designed to improve coverage levels within Kirriemuir. These planned improvements namely relate to coverage within homes and as such the agent states sites need to be either in or reasonably close to residential area. It was stated site selection tries to avoid having a direct impact on the visual amenity of residential properties by locating new sites away from strategic viewpoints or from being directly in line of sight from main windows. An alternative mono pole design was suggested and alternative locations in the vicinity were discounted on inability to provide adequate coverage level, unsuitability of existing structures to support development and sites being directly adjacent to properties. The proposed location was arrived at as although approximately 20m from the residential buildings it is located at an oblique angle and is not in direct line of sight from the windows. This together with the intervening garage use means that the mast will have no significant impact on their visual amenity. In these circumstances the agent is content that the proposed location is not materially harmful to visual amenity and has been arrived at using the correct procedure and in line with policy. Consultations Community Council - There was no response from this consultee at the time of report preparation. Angus Council - Roads - Offers no objections to the proposal. Scottish Water - There was no response from this consultee at the time of report preparation. Representations There were no letters of representation. Development Plan Policies Angus Local Development Plan 2016 Policy DS4 : Amenity Policy TC13 : Digital Connectivity and Telecommunications Infrastructure Policy PV2 : Open Space Protection and Provision within Settlements AC1 TAYplan Strategic Development Plan The proposal is not of strategic significance and policies of TAYplan are not referred to in this report. The full text of the relevant development plan policies can be viewed at Appendix 1 to this report. Assessment Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. Policy TC13 deals with telecommunications development and indicates that proposals for telecommunications should seek to minimise impacts on visual amenity, character or appearance of the surrounding area. It indicates that where a new mast is proposed, it should be demonstrated that an applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Angus Council's Advice Note 26 Telecommunications Development provides relevant guidance. It indicates that the preferred location for mast installations is in industrial areas away from any boundary with residential properties. It states that residential areas are best avoided because structures are likely to be intrusive and unsightly and disturb the enjoyment by householders of their residential amenity. It states that where it is not possible to avoid such areas, careful siting and design will be paramount. Policy DS4 deals specifically with amenity and amongst other things states that development will not be permitted where there is an unacceptable adverse impact on the environment or amenity of nearby property. As noted above the application site is located within the curtilage of an established football ground. However the 18m high galvanised lattice mast would be sited only 18m from the rear elevation of residential properties and 9m from the curtilage of these dwellings. Although at angle from the rear windows of these properties the mast would be a highly prominent vertical structure in views from windows. It is noted the existing view from these windows would include other commercial uses and vertical constructions, however the proposed mast would be significantly greater in height than existing vertical structures and would have a detrimental and unavoidable presence for adjacent residents. In these circumstances the siting and appearance of the proposal would not minimise impact on visual amenity. The proposal by virtue of height, location and proximity to nearby residential property would have a significant adverse impact on the amenity of nearby residential properties. The information submitted by the agent in support of the application indicates that an additional mast in this general location is necessary to support the delivery of the required coverage. The applicant has indicated that there is no possibility of sharing existing masts to meet the identified requirement. Some information has been provided to indicate and discount alternative sites, and further justification was submitted in relation to preference and suitability of the proposed site. I am not however convinced that a mast offering a similar coverage level could not be sited at a more reasonable distance from residential property. The proposal does not give rise to significant issues in terms of the remaining criteria of policies TC13 or DS4. However, the submitted details would not alleviate the unacceptable amenity impacts and as indicated above the proposal does not comply with Polices TC13 or DS4. The ALDP and relevant national policy and guidance offer a positive and supportive framework for the consideration of proposals that assist in the provision of improved accessibility to digital communications. The desirability of providing improved digital connectivity and the associated economic and social benefits are material considerations. However, there is nothing in planning policy that suggests that any such benefit should be at the expense of reasonable amenity levels for residents of an area. In this case the detrimental amenity impacts associated with the proposal are significant and outweigh the benefits associated with providing improved telecommunications coverage. The site is within a designated area of open space. Policy PV2 relates to open space protection and provision within settlements and indicates that Angus Council will seek to protect and enhance existing outdoor sports facilities and areas of open space of sporting, recreational, landscape, wildlife, amenity, food production, access and flood management value. Development involving the loss of open space is only permitted in certain circumstances. The proposal would result in development of an area of ground within AC1 the car park and but would not affect the sporting or recreational value of the existing site. The proposal complies with the intentions of Policy PV2. In conclusion, the application proposes a telecommunications installation which would result in a significant adverse impact upon the amenity of nearby residents. The proposal would provide improved telecommunications coverage in the area and account has been taken of the economic and social benefits that this would provide. However, those benefits do not outweigh the significant harm that would be caused to the amenity of nearby residents and I consider a more suitable site further from residential property but located within the operators search area could be brought forward. The proposal is contrary to the development plan because the apparatus would not be sited and designed in a manner which would minimise impact on visual amenity. There are no material considerations that justify the grant of planning permission contrary to the development plan. Human Rights Implications The decision to refuse this application has potential implications for the applicant in terms of his entitlement to peaceful enjoyment of his possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this report justifying the decision in planning terms, it is considered that any actual or apprehended infringement of such Convention Rights, is justified. Any interference with the applicant’s right to peaceful enjoyment of his possessions by refusal of the present application is in compliance with the Council’s legal duties to determine this planning application under the Planning Acts and such refusal constitutes a justified and proportionate control of the use of property in accordance with the general interest and is necessary in the public interest with reference to the Development Plan and other material planning considerations as referred to in the report. Equalities Implications The issues contained in this report fall within an approved category that has been confirmed as exempt from an equalities perspective. Decision The application is refused Reason(s) for Decision: 1. The proposal is contrary to Policy TC13 Digital Connectivity and Telecommunications Infrastructure and Policy DS4 Amenity of the Angus Local Development Plan (2016) and Angus Council's Advice Note 26 Telecommunications Development because the sitting and appearance of the proposed apparatus would not minimise impact on the visual amenity of residential property in the surrounding area. Notes: Case Officer: Stephanie Porter Date: 18 August 2017 Appendix 1 - Development Plan Policies Angus Local Development Plan 2016 Policy DS4 : Amenity All proposed development must have full regard to opportunities for maintaining and improving environmental quality. Development will not be permitted where there is an unacceptable adverse impact on the surrounding area or the environment or amenity of existing or future occupiers of adjoining or nearby properties. Angus Council will consider the impacts of development on: • Air quality; AC1 • Noise and vibration levels and times when such disturbances are likely to occur; • Levels of light pollution; • Levels of odours, fumes and dust; • Suitable provision for refuse collection / storage and recycling; • The effect and timing of traffic movement to, from and within the site, car parking and impacts on highway safety; and • Residential amenity in relation to overlooking and loss of privacy, outlook, sunlight, daylight and overshadowing. Angus Council may support development which is considered to have an impact on such considerations, if the use of conditions or planning obligations will ensure that appropriate mitigation and / or compensatory measures are secured. Applicants may be required to submit detailed assessments in relation to any of the above criteria to the Council for consideration. Where a site is known or suspected to be contaminated, applicants will be required to undertake investigation and, where appropriate, remediation measures relevant to the current or proposed use to prevent unacceptable risks to human health. Policy TC13 : Digital Connectivity and Telecommunications Infrastructure Proposals for telecommunications development will be permitted provided that the following criteria are met: o The siting and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area; o If on a building, apparatus and associated structures should be sited and designed in order to seek to minimise impact to the external appearance of the host building; o If proposing a new mast, it should be demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made to the planning authority. o If the proposed location is within a sensitive area or on a sensitive site or building, such as areas of ecological interest, areas of landscape importance, archaeological sites, conservation areas or listed buildings, it should be demonstrated that the development would not have any unacceptable effects. When considering applications for telecommunications development, the planning authority will also have regard to the operational requirements of telecommunications networks and the technical limitations of the technology. Policy PV2 : Open Space Protection and Provision within Settlements Angus Council will seek to protect and enhance existing outdoor sports facilities and areas of open space of sporting, recreational, landscape, wildlife, amenity, food production, access and flood management value. Development involving the loss of open space (including smaller spaces not identified on the Proposals Map) will only be permitted where: o the proposed development is ancillary to the principal use of the site as a recreational resource; or o it is demonstrated that there is an identified excess of open space of that type (backed up through an open space audit and strategy) to meet existing and future requirements taking account of the sporting, recreational and amenity value of the site; or o the retention or enhancement of existing facilities in the area can best be achieved by the redevelopment of part of the site where this would not affect its sporting, recreational, amenity or biodiversity value, its contribution to a green network, or compromise its setting; or o replacement open space of a similar type and of at least equal quality, community benefit and accessibility to that being lost will be provided within the local area. Development proposals for 10 or more residential units or a site equal to or exceeding 0.5 hectares will be required to provide and /or enhance open space and make provision for its future maintenance. Other types of development may also need to contribute towards open space provision. AC1 Angus Council will seek to ensure that 2.43 hectares of open space per 1000 head of population is provided*. The specific requirements of any development will be assessed on a site by site basis and this standard may be relaxed taking account of the level, quality and location of existing provision in the local area. In circumstances where open space provision is not made on site in accordance with the relevant standards, a financial contribution in line with Policy DS5 Developer Contributions may be required. All new open spaces should incorporate the principles of Policy DS3 Design Quality and Placemaking, be publicly accessible and contribute to the enhancement and connectivity of the wider Green Network wherever possible. *In line with the Six Acre Standard (National Playing Fields Association) AC2 ANGUS COUNCIL COMMUNITIES PLANNING CONSULTATION SHEET PLANNING APPLICATION NO 17/00517/FULL Tick boxes as appropriate ROADS No Objection  Interest (Comments to follow within 14 days) Date 28 06 17 PLEASE DO NOT TAKE AWAY THE LAST SET OF PLANS WHERE POSSIBLE COPIES WILL BE PROVIDED ON REQUEST ELECTRONIC SUBMISSION DRAWINGS TO BE VIEWED VIA IDOX