Field 197, Rue de Hougette, St. Clement

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A decision made (30.11.07) to approve the installation of a wooden clad replica telegraph pole, 3 antennae, 2 dishes and 3 equipment cabinets at Field 197, Rue des Hougette, St. Clement.

Decision Reference: MD-PE-2007-0317
Decision Summary Title:	Field 197 La Rue de la Hougette, St Clement			Date of Decision Summary:	30 November 2007
Decision Summary Author:	Kelly Johnson			Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written & Oral			Person Giving Oral Report:	Kelly Johnson
Written Report Title:	Report for Ministerial Meeting			Date of Written Report:	19 November 2007
Written Report Author:	Field 197 La Rue de la Hougette, St Clement			Written Report : Public or Exempt?	Public
Subject: S/2007/1633 - Field 197 La Rue de la Hougette, St Clement Installation of wooden clad replica telegraph pole, 3 No. antennae, 2 No. dishes and 3 No. equipment cabinets.
Decision(s): The Minister decided to approve the application and agreed the conditions listed on the Officer’s Report.
Reason(s) for Decision: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.
Resource Implications: None
Action required: Issue permit and notify all interested parties
Signature:		Dir Initials	Position: Assistant Minister
Date Signed:		CEO Initials	Date of Decision (If different from Date Signed): 30 November 2007

Field 197, Rue de Hougette, St. Clement - approval

Planning and Environment Department

Report for Ministerial Meeting

Application Number

S/2007/1633

Site Address	Field 197, La Rue de la Hougette, St. Clement.

Applicant	Jersey Airtel

Description	Installation of wooden clad replica telegraph pole, 3 No. antennae, 2 No. dishes and 3 No. equipment cabinets.

Type	Satellite Dishes/Comms Antenna

Date Validated	06/07/2007

Zones	Green Zone

Policies	NR12 - Telecommunications

Summary/

Conclusion

The proposal is to co-locate a new installation adjoining an approved installation. This site is strategically important for the Airtel network. The location of proposal is on a high field which is exposed to public views.

There are a number of residents who are concerned over the visual impact of this proposal. However it is considered that two slim poles are less visually intrusive than a shared lattice tower or a significantly higher and thicker monopole. Significant landscaping and planting mature trees will reduce the visual impact of both installations.

(Worthwhile, when there is a conflicting balance of considerations, to play devil`s advocate, then give reasons for reaching recommendation.)

Officer

Recommendation

Approve with conditions

Site Description	The site is located along a green lane on high land. The field is exposed to the wider area and many public views.

Relevant Planning History	SC/1994/1504 Approval granted in November 1994 for standard telegraph pole with antennae on top and 2no. cabinets. SP/2004/2060 Approval granted in November 2004 for a relocation of the installation. S/2006/1002 Approval granted in January 2007 for a replacement installation to upgrade and enable 3G capabilities. The approval also replaced the existing pole with a wooden clad replica telegraph pole and relocated the installation to the south-west of the field. The approval was conditioned with a landscaping plan to reduce visual impact.

Existing use of Land/Buildings	Field boundary

Proposed use of Land/Buildings	Telecommunications

Consultations	(Delete as appropriate and summarise comments wherever possible) H&SS in their letter dated 12 July 2007 confirm that the pre-commissioning details are below the international guidelines, being the ICNIRP Radio Frequency Public Exposure Guidelines. A post-commissioning test is required to ensure the actual emissions are in line with the estimated. Condition recommended to this effect. All consultations are attached with the background papers

Summary of Representations	7 letters of representations were received and all were letters of objection. The nature of the objections were:  unacceptable impact on character of the area  health concerns All letters of representation are attached with the background papers

Planning Issues	Policy Considerations (What are the presumptions) In accordance with NR12, telecommunications development will normally be permitted where: (i) siting and design will not unreasonably affect the character and amenity of the area; (ii) all practicable possibilities of sharing facilities have been fully explored and found to be unfeasible or unacceptable by the Minister; (iii) there would be no unacceptable impact on residential amenity; (iv) the proposal is in accordance with other principles and policies of the Plan. Siting and Design The application proposes a replica telegraph pole along the edge of a field in close proximity to an existing Jersey Telecom installation. The proposed location is on an exposed field and will be visible from the immediate and wider area. In granting approval for the relocation of the Jersey Telecom installation, the Minister considered that whilst the visual impact would be great due to the exposed location, given the equally exposed location of the existing installation, the visual impact to the area would not be worse. A new installation would increase the visual impact to the surrounding area, however it is considered that the impact of a wooden telegraph pole design in the countryside is low. Further to this, significant landscaping and planting of mature trees around both installations would dramatically reduce their visual impact. Although the installation will be visible from the immediate and wider area, it is considered that the impact to the character of the area will be low. The structure itself is not significant, the design is minimal, and will be screened by vegetation. The proposed location of the cabinets will be visible from the immediate area, thus it is considered appropriate to screen the cabinet by requiring fencing and a landscaping plan. In terms of the proximity of the installations, it is considered necessary that each pole be as similar as possible and be at the same height. The Airtel installation is proposed at the same height as the approved Jersey Telecom installation, being 15 metres. Site Sharing The necessity of this site is to gain coverage to the St Clement area reaching from La Grande Route de St Clement to the coast, and from La Rue des Samares to La Rue de Causie. This site will cover the majority of St Clement and is strategically important for the Airtel network. This application is for site sharing, being the co-location of installations. At the time of approving the Jersey Telecom site, Airtel were pursuing options near Le Rocquier and thus mast sharing was not considered at the time. Cable and Wireless gain coverage to this area from a site north along La Rue Laurens, therefore mast sharing is only required to be considered for two operators. The minimum height for one operator to gain the coverage required is 15 metres. Therefore, the mast sharing options for two operators at this site would be a lattice tower, or a larger monopole at a minimum height of 20 metres. Due to the increased structural loading of the pole, the width would also be increased up to 1 metre in diameter. Both of these options are considered have significantly greater visual impact than the two smaller (in height and in width) poles proposed. Residential Amenity There will be limited impact to residential amenity from this installation. The nearest residential property is 120 metres from the installation to the west and the north-east. The visual impact is significantly reduced by landscaping and there are no other impacts to residential amenity such as traffic, noise, pollution, light, overbearing, overshadowing or overlooking. Other Policies of the Plan The proposal is in accordance with the other policies of the Island Plan.

Officer Recommendation	Approve

Conditions	1. The equipment cabinets, gantry trays and all supports at ground level hereby approved shall be painted dark green and permanently maintained in that condition unless otherwise agreed to in writing by the Minister for Planning and Environment. 2. The dishes hereby approved shall be painted dark brown and permanently maintained in that condition unless otherwise agreed to in writing by the Minister for Planning and Environment. 3. The pole hereby approved shall be the wooden clad telegraph pole by Polar Telecommunications as specified by the technical data sheet, Drawing F, unless otherwise agreed to in writing by the Minister for Planning and Environment. 4. The development hereby permitted is temporary and shall cease on or before 12 months from the date of this permit and the land restored to its former condition unless the post commissioning test is completed and the relevant measurements are in accordance with the ICNIRP certificate submitted, to the satisfaction of the Minister for Planning and Environment. 5. The permission hereby granted is for a temporary period of 12 months in the first instance. In the event that the Minister for Health and Social Services, during that 12 month period, should change his policy on the safety of telecommunication installations to the effect that they constitute a danger to the public nearby, the Minister for Planning and Environment will review the permission and may require the installation to be removed within a period of 3 months of the Minister for Health and Social Service’s change of policy. Should the Minister for Health and Social Service’s policy not change within 12 months, this permission will have permanent effect. 6. The development hereby permitted is temporary and shall cease on or before 12 months from the date of this permit and the land restored to its former condition unless a programme of ongoing monitoring of the installation is submitted to and approved in writing by the Minister for Planning and Environment. The scheme shall include monitoring in accordance with the ICNIRP certificate provided, appropriate independent testing at 12 monthly intervals for the duration of the operation of the installation, and shall be funded by the operator. 7. (LDC02) The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following; i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership; ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure; iv) the measures to be taken to protect existing trees and shrubs; and, v) the arrangements to be made for the maintenance of the landscaped areas. 8. (LDC03) All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the substantial completion of the development. 9. (LDC04) Any trees or plant(s) planted in accordance with the approved scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Minister for Planning and Environment gives written consent to a variation of the scheme. 10. (LDC06) Prior to the commencement of the development hereby permitted a plan showing the position of all existing trees/ shrubs/ hedges on the site which the permit relates to, must be submitted to and approved by the Minister for Planning and Environment. These features must be retained and: a) No tree/shrub/hedge which is shown on these approved plans shall be cut down, uprooted or destroyed, nor shall any retained tree be lopped, or topped other than in accordance with the approved plans, particulars and without the prior written approval of the Minister for Planning and Environment. b) In the event that any tree/ shrub/hedge is removed, damaged or dies, another tree/ plant shall be planted at the same place and shall be of the same size and species and planted in the next available planting season. 11. (LDC10) Notwithstanding any indication on this permit or on any of the application drawings/details hereby approved, no trees shall be felled, hedgerows removed or dense scrub vegetation cleared within the period 1st March to 31st July (in any calendar year) unless the applicant has first prepared a written risk assessment from a qualified and competent person which confirms that there are no nesting birds in any of the trees to be felled, nor in hedges nor vegetation to be removed. The written risk assessment shall include details of the site survey undertaken, together with a statement of the findings, and shall be submitted to the Environment Department for comment 5 working days in advance of any felling.

Reasons	1. In order to safeguard the visual amenities of the area. 2. In order to safeguard the visual amenities of the area. 3. In order to safeguard the visual amenities of the area. 4. To retain control over the development in order to protect the amenities of the surrounding area. 5. To protect the interests of the general public. 6. To protect the interests of the general public. 7. (LDR02) To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape. 8. (LDR03) To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality. 9. (LDR04) To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme. 10. (LDR06) These features are considered to make an important contribution to the character of the area and for that reason the Minister for Planning and Environment wants to retain control over their removal or replacement. 11. (LDR10) Article 6 of the Conservation of Wildlife (Jersey) Law, 2000 makes it an offence for any person knowingly to – (a) damage or destroy the den of any protected wild animal while that den is in use; (b) take, damage or destroy the nest of any protected wild bird while that nest is in use or being built; (c) obstruct access to the den of any protected wild animal, or the nest of any protected wild bird, while that den or nest is in use; or (d) disturb any protected wild animal occupying a den or any protected wild bird occupying a nest. This applies to all birds except Carrion crow, magpie, feral pigeon, wood pigeon and starling. It also applies to bats and squirrels and other protected mammals. Full details may be found in the Conservation and Wildlife (Jersey) Law, 2000.

Background Papers	1:2500 Location Plan H&SS letter dated 12 July 2007 7 letters of objection Photomontage (Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

Endorsed by:

Date: