La Prairie Farm, Route de Beaumont, St. Peter

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A decision made (30.11.07) to approve the installation of 1 wooden clad replica telegraph pole, 1 dish and 3 equipment cabinets at La Prairie Farm, Route de Beaumont, St. Peter.

Decision Reference: MD-PE-2007-0324
Decision Summary Title:	La Prairie Farm, La Route de Beaumont, St Peter			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 and Oral			Person Giving Oral Report:	Kelly Johnson
Written Report Title:	La Prairie Farm, La Route de Beaumont, St Peter			Date of Written Report:	19 November 2007
Written Report Author:	Kelly Johnson			Written Report : Public or Exempt?	Public
Subject: S/2007/1959 La Prairie Farm, La Route de Beaumont, St Peter Installation of 1 No. wooden clad replica telegraph pole, 3 No. antennae, 1 No.dish, 3 equipment cabinets.
Decision(s): The Minister approved the application, subject to the conditions specified in the Written Report attached.
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 other interested parties.
Signature:		Dir Initials	Position: Assistant Minister
Date Signed:		CEO Initials	Date of Decision (If different from Date Signed): 30 November 2007

La Prairie Farm, Route de Beaumont, St. Peter - approval

Planning and Environment Department

Report for Ministerial Meeting

Application Number

S/2007/1959

Site Address	La Prairie Farm, La Route de Beaumont, St. Peter.

Applicant	Jersey Airtel

Description	Installation of 1 No. wooden clad replica telegraph pole, 3 No. antenne, 1 No. dish, 3 No. equipment cabinets.

Type	Satellite Dishes/Comms Antenna

Date Validated	14/08/2007

Zones	Countryside Zone Water Pollution Safeguard Area Airport

Policies	NR12 - Telecommunications

Summary/

Conclusion

The proposal is for a replica telegraph pole located amongst mature existing vegetation. The existing vegetation will be higher than the installation, therefore the visual impact will be minimal.

(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 on the southern side of Le Route de Beaumont near to the Tile Barn and opposite the St Peter’s Country Apartments.

Relevant Planning History	S/2006/1537 Application withdrawn for replica telegraph pole site at the roadside of the St Peter’s Country Apartments. The concerns of the case officer regarding visual impact could not be addressed. S/2007/0518 Application refused for replica telegraph pole on neighbouring field to previous application. Location setback from roadside however line of mature trees were removed and left the site exposed.

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 23 August 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. Jersey Airport in their letter dated 26 September 2007 confirm that there are no safeguarding objections to this application. All consultations are attached with the background papers

Summary of Representations	No letters of representations received.

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 the car park for the Tile Barn amongst mature existing vegetation. The proposal is for a 15 metre pole amongst existing 18 metre mature evergreen trees. The visibility of this installation will be minimal. The site is located on a major road with significant public views, however the height of the pole and the existing mature vegetation will result in minimal visual impact to the surrounding area. There will be some visibility of the equipment cabinets across the car park from La Route de Beaumont. Thus it is considered appropriate to screen the cabinets by requiring fencing. A condition is recommended to ensure the dishes and cabinets are coloured to reduce visual impact. A landscaping plan is recommended to further reduce visual impact by requiring the planting of mature trees to screen the installation. Site Sharing The necessity of this site is for coverage to St Peter’s Village south and the main road leading to and from the Airport. This site was indicated on the original network plans for Airtel as a strategic site. The cell coverage plans demonstrate the coverage that can be achieved to La Route de Beaumont by co-locating this site with the Cable and Wireless and Jersey Telecom installations near Beaumont Hill. However, because the difference in the spacing of the adjoining cells, coverage fails to St Peter’s Village and to La Grande Route St Pierre. To co-locate this site would result in other adjoining cells being re-located to achieve coverage. As the proposed site has minimal visual impact, it is considered reasonable not to pursue a co-location in this instance. The site was originally proposed amongst the 17 metre mature trees lining the boundary of St Peter’s Country Apartments. Two options were pursued being to the roadside of St Peter’s Country Apartments and on the adjoining field 739 set back from the roadside. However the mature trees were removed and thus left the site highly exposed. The current application is as a result of the two failed options on the other side of La Route de Beaumont. The existing mature trees are under the same ownership as the site and thus a condition is recommended to retain all existing trees. Residential Amenity There will be limited impact to residential amenity from this installation. There will be limited visual impact from this installation 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 G, 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	Reason: 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 23 August 2007 Jersey Airport letter dated 26 September 2007 Photomontage (Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

Endorsed by:

Date: