Field 697, Rue des Alleurs, Grouville

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A decision made (30.11.07) to approve the installation of 1 wooden clad replica telegraph pole, 6 antenae, 2 dishes, 5 equipment cabinets and associated steel work and timber fence at Field 697. Rue des Alleurs, Grouville.

Decision Reference: MD-PE-2007-0321
Decision Summary Title:	Field 697, La Rue des Alleurs, Grouville			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 697, La Rue des Alleurs, Grouville			Written Report : Public or Exempt?	Public
Subject: S/2007/1690 Field 697, La Rue des Alleurs, Grouville Installation of 1 no. wooden clad replica telegraph pole, 6 no. antennae, 2 no. dishes, 5 no. equipment cabinets, associated steel work & timber fence.
Decision(s): The Minister refused this Application for the reason(s) set out below.
Reason(s) for Decision: 1. The proposed development would result in unacceptable visual impact and would unreasonably harm the character and amenity of the area, contrary to Policy NR12 of the Island Plan 2002.
Resource Implications: None
Action required: Issue refusal notice and advise other interested parties
Signature:		Dir Initial	Position: Assistant Minister
Date Signed:		CEO Initial	Date of Decision (If different from Date Signed): 30 November 2007

Field 697, Rue des Alleurs, Grouville - approval

Planning and Environment Department

Report for Ministerial Meeting

Application Number

S/2007/1690

Site Address	Field 697, La Rue des Alleurs, Grouville.

Applicant	Cable & Wireless Jersey

Description	Installation of 1 no. wooden clad replica telegraph pole, 6 no. antennae, 2 no. dishes, 5 no. equipment cabinets, associated steel work & timber fence.

Type	Satellite Dishes/Comms Antenna

Date Validated	12/07/2007

Zones	Green Zone

Policies	NR12 - Telecommunications

Summary/

Conclusion

The application proposes a replica telegraph pole along the edge of a field in close proximity to existing vegetation.

There are a number of residents who are concerned over the visual impact of this proposal. However it is considered that a wooden pole in the countryside has a low visual impact. Significant landscaping and planting mature trees will reduce the visual impact of the installation.

(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 between a main road and a green lane on high land. The field is exposed to the wider area and many public views.

Relevant Planning History	None

Existing use of Land/Buildings	Field

Proposed use of Land/Buildings	Telecommunications

Consultations	(Delete as appropriate and summarise comments wherever possible) H&SS in their letter dated 20 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	5 letters of representation were received and all were letters of objection. The nature of the objections were:  unacceptable impact on character of the area  health concerns  site sharing  unacceptable impact on wildlife 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 existing vegetation. The proposed location is on an exposed field and will be visible from the immediate and wider area. Views of the installation will mostly be from the southern end of La Rue des Alluers as views from the northern end are blocked by high banks. There will be limited views of the installation from La Rue a Don, given the gradient of the land and the existing mature vegetation. It will be possible to view the top of the installation above the existing trees from the wider Grouville area. A new installation would have a 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 the installation would dramatically reduce its 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 La Rue des Alleurs, thus it is considered appropriate to screen the cabinet by requiring fencing and a landscaping plan. Site Sharing The necessity of this site is to gain coverage to the Grouville area. This site will cover an identified gap in coverage that was not identified by the software program which assisted the original network setup. There are 3 other existing sites in the area which Cable and Wireless explored prior to submitting the current application, being: 1. Jersey Telecom East Exchange, La Rue des Fonds; 2. Jersey Airtel site at Field 687 La Rue a Don; and 3. Jersey Airtel site at Beauvoir Nurseries. Cable and Wireless have provided cell coverage plans which explore these 3 alternative site sharing options and whether these sits could provide the necessary coverage to the identified gap in the network. The cell coverage plans demonstrate that coverage cannot be achieved from the existing 3 sites and that a closer site to the gap is the only way to achieve coverage to the area. Therefore, it is considered that the applicant has demonstrated that all site sharing options have been explored and have been discounted. Residential Amenity There will be limited impact to residential amenity from this installation. The nearest residential property is 240 metres from the installation. 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/ Reasons	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 Drawing D 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 20 July 2007 5 letters of representation Photomontage (Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

Endorsed by:

Date: