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N-180-00298-11, item 19. PDF 125 KB - East Lindsey District Council

N-180-00298-11, item 19. PDF 125 KB - East Lindsey District Council

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[08] Full Planning Permission<br />

N/<strong>180</strong>/<strong>00298</strong>/ <strong>11</strong><br />

APPLICANT: Mr. N. Totterdell,<br />

VALID: 22/02/20<strong>11</strong> AGENT:<br />

PROPOSAL: Planning Permission - Erection of 2.no Short Wave Amateur<br />

Radio Masts and Aerials, and 4 no. 10 metre vertical poles in<br />

accordance with amended plans received by the Local Planning<br />

Authority from the applicant on 5th May 20<strong>11</strong> and 24th May<br />

20<strong>11</strong>.<br />

LOCATION: THE WHITE HOUSE, BRICKYARD LANE, THEDDLETHORPE,<br />

LINCOLNSHIRE, LN12 1NR<br />

1.0 REASONS FOR COMMITTEE CONSIDERATION<br />

1.1 The application has been called to Planning Committee by <strong>Council</strong>lor Mrs.<br />

S. Harrison for the following reasons:<br />

1. The potential impact on the adjacent national Nature Reserve Site<br />

of Scientific Interest which is an important area for migrating<br />

birds;<br />

2. Impact on the street scene in an area of the village where<br />

dwellings are very closely grouped around a single track access<br />

to the National Nature Reserve;<br />

3. Visual impact in a flat rural area which is part of the coastal<br />

grazing marsh.<br />

2.0 THE SITE AND SURROUNDINGS<br />

2.1 The site lies on the eastern edge of the settlement of Theddlethorpe.<br />

The applicants dwelling is located in the centre of the site with a 'front'<br />

garden to the south of the dwelling and a 'rear' garden to the north. The<br />

dwelling is a two storey dwelling of traditional appearance with a three<br />

bay frontage. The site lies on the western side of Brickyard Lane. The<br />

dwelling and the north of the site lies within the Coastal Conservation<br />

Area. To the north east of the site lies the Saltfleetby-Theddlethorpe<br />

Dunes Site of Special Scientific Interest (SSSI) which includes a National<br />

Nature Reserve. The site lies some 570m from the boundary with the<br />

SSSI.<br />

2.2 There are mature trees and hedging along all boundaries of the site. To<br />

the immediate south of the site is a bungalow and there are bungalows<br />

on the opposite side of Brickyard Lane to the east. The area is<br />

characterised by bungalows set in individual plots. To the north of the<br />

site are fields. Brickyard Lane leads to a small number of dwellings and<br />

the car park for the Dunes and beach.


2.3 The edge of settlement area is generally rural in character with fairly<br />

spacious plots and trees lining the road and garden edges.<br />

3.0 DESCRIPTION OF THE PROPOSAL<br />

3.1 The proposal is for the erection of 2.no Short Wave Amateur Radio Masts<br />

and Aerials, and 4 no. 10 metre vertical poles.<br />

3.2 The above consists of one 20 metre vertical pole in the southern garden<br />

of the property. This pole is 80mm at the base, gradually tapering to<br />

39mm at the top. This pole is free standing and is erected between two<br />

short steel channels that must be set in a small concrete block. The pole<br />

pivots near the bottom so can be fully raised and lowered from ground<br />

level with a winch which is set between the two channels. The applicant<br />

has advised that this pole is not required for every competition and so<br />

therefore is likely to be erected infrequently.<br />

3.3 It is proposed to erect one 24 metre mast in the northern edge of the<br />

northern garden of the property which is a lattice tower with aerials on<br />

the top. This mast can be lowered to a mid position of 7.5 metres in<br />

height when not in use and can be fully lowered to a folded position.<br />

When the mast is in this position it is 3.5 metres in height.<br />

3.4 The proposal also includes the erection of four 10 metres vertical poles in<br />

the northern garden which are arranged in a square. These poles are<br />

like fibreglass fishing rods (roach poles) with a very narrow profile.<br />

These poles measure 49mm diameter at the base and taper to 4mm in<br />

diameter at the top. The applicant has confirmed that these will not be<br />

left erected when not in use.<br />

3.5 The masts are for the use of the applicant for his hobby in amateur radio<br />

to use during radio competitions. The applicant has confirmed that a<br />

reasonable condition would require the masts to be up for no longer than<br />

48 days in a year. Many competitions are only 24 hours in duration or<br />

less. Some events are restricted to certain frequency bands and<br />

therefore only require one aerial for the duration of the event. The<br />

majority of these competitions are held at weekends.<br />

4.0 CONSULTATION<br />

4.1 Set out below are the consultation responses that have been received on<br />

this application. These responses may be summarised and full copies are<br />

available for inspection separately. Some of the comments made may<br />

not constitute material planning considerations.<br />

Publicity<br />

4.2 The application has been advertised by means of a site notice being<br />

displayed at the site and adjoining neighbours being notified.


Consultees<br />

4.3 LCC as HIGHWAYS AUTHORITY - The proposed development will not be<br />

detrimental to highway safety or traffic capacity.<br />

4.4 PARISH COUNCIL - Object - visual impact - street scene and proximity to<br />

nature reserve (SSSI).<br />

4.5 LINCOLNSHIRE TRUST FOR NATURE CONSERVATION - Thank you for<br />

consulting the Lincolnshire Wildlife Trust on this application which is<br />

within one of the grazing marsh project target areas and is close to<br />

Saltfleetby-Theddlethorpe Dunes Site of Special Scientific Interest and<br />

National Nature Reserve. We would not expect the application to have<br />

an adverse impact on the nature conservation interest of the SSSI/NNR;<br />

however, we would recommend that the views of Natural England are<br />

sought prior to determination of the application.<br />

We note that guy ropes will be used to stabilise the masts when they are<br />

erected for use. There is potential for birds to strike the guy ropes which<br />

could put the development at conflict with the aspirations of the grazing<br />

marsh project which aims to increase the numbers of birds in the area by<br />

restoration of grazing marsh. We would therefore strongly recommend<br />

that reflective markers are put on the guys so that birds would be better<br />

able to see and avoid them.<br />

4.6 NATURAL ENGLAND - Not received.<br />

Neighbours<br />

4.7 In total 223 representations have been received to the application. To<br />

date, these can be separated as follows:<br />

In favour: 98<br />

Against: <strong>11</strong>5<br />

Comments: 9<br />

Petitions against: 1<br />

The letters of support are from a range of locations but can be<br />

summarised as follows<br />

Brickyard Lane, Theddlethorpe: 7<br />

Saltfleet Road, Theddlethorpe: 7<br />

Rotten Row, Theddlethorpe: 1<br />

Sea Lane, Theddlethorpe: 1<br />

Kent Avenue, Theddlethorpe: 2<br />

Others: 80


These letters of support cover the following issues:<br />

• Do not think the aerials will be very noticeable because the site is<br />

surrounded by trees;<br />

• Amateur radio is in use during the present emergency in Japan;<br />

• Radio amateurs have just had the opportunity to show their value<br />

in the recent Operation Watermark;<br />

• It is useful to have radio amateurs who live along the UK<br />

coastline;<br />

• There are many aerials and masts en route (e.g. farms, mobile<br />

phones, CB and amateur radio aerials) between Mablethorpe and<br />

Grimsby. They are now perceived by community as part of the<br />

environment, e.g. gas terminal at Theddlethorpe;<br />

• Applicant is entitled to pursue his hobby;<br />

• Applicant is fully qualified and authorised by OFCOM;<br />

• The property is surrounded by tall trees which screen the masts<br />

and antennas from view, so no visible impact is made on the<br />

surrounding area;<br />

• Amateur radio has significant educational benefits;<br />

• Application could be made personal to applicant;<br />

• Installation will have little effect upon the surrounding properties;<br />

• Amateur radio enables contact with other radio enthusiasts<br />

around the world;<br />

• The slender nature of the antenna construction minimises the<br />

visual impact and they are totally confined within the property<br />

boundary. There are many miles of power transmission,<br />

telegraph poles and their lines traverse the highways and fields.<br />

Following installation of such amateur radio antennas, any initial<br />

minimal visual impact would quickly subside into the background;<br />

• The transmitters will not have any effect on nearby electronic<br />

apparatus, nor on health. They make no noise;<br />

• The use of retractable masts further reduce any perceived<br />

impact;<br />

• The applicant is a well-known and respected Radio Amateur;<br />

• Britain has less active Radio Amateurs, partly because most of<br />

those licensed live in urban locations with insufficient space to<br />

erect efficient antennas. I therefore strongly support anyone<br />

trying to redress this balance;<br />

• Can confirm the accuracy of the background and technical<br />

information provided;<br />

• Radio amateurs use low powers in their transmissions to other<br />

radio amateurs and need arials to be as high as possible to<br />

communicate with fellow amateurs around the world;<br />

• Similar installations have been found to have absolutely no effect<br />

on house prices or sellability at all;<br />

• The fact that the application site is the applicant's holiday home<br />

is irrelevant to the application;<br />

• Birds have to negotiate overhead telephone wires, electricity<br />

cables and other hazards every day so cannot see how these<br />

masts can contribute any significant increase in that danger;


• Letter from Estate Agent stating that in this case, the proposal<br />

would not have any detrimental effect on surrounding properties;<br />

The nearest neighbour to support the application is Homelea, Brickyard<br />

Lane:<br />

• The revised application helps reduce the impact of the aerials.<br />

The time limit of 48 days is hardly an imposition on neighbours.<br />

We can see the aerials from our house and they are not offensive<br />

in anyway.<br />

The letters of objection are also from a range of locations but can be<br />

summarised as follows:<br />

Brickyard Lane, Theddlethorpe: 13<br />

Saltfleet Road, Theddlethorpe: 22<br />

Sea Lane, Theddlethorpe: 8<br />

Station Road, Theddlethorpe: 12<br />

Rotten Row, Theddlethorpe: 3<br />

Mablethorpe Road, Theddlethorpe: 3<br />

Others: 54<br />

These letters raise the following points:<br />

• Overbearing visual impact thus harmful to living conditions;<br />

• When aerials are reduced to 6m we can still see them;<br />

• The 48 days mentioned could equate to the masts being up for a<br />

week or weekend at a time because of the difficulty in raising<br />

them;<br />

• Applicant's hobby encroaches onto properties and village around<br />

him;<br />

• Letter from estate agents stating that the siting of the masts for<br />

considerable periods of time will have a detrimental effect on<br />

both the value and saleability of adjoining properties;<br />

• Devaluing of properties;<br />

• Totally in conflict with ELDC Landscape Character Assessment;<br />

• The trees around the property do not hide the masts;<br />

• May set a precedent;<br />

• The main and attractive feature of this area from St Helen's<br />

Church to Brickyard Lane is the trees. Anything that protrudes<br />

above them would be a positive eyesore;<br />

• The applicant's website is encouraging more radio enthusiasts to<br />

the area;<br />

• Brickyard Lane enjoys an uninterrupted skyline from road to<br />

seashore and the radio masts would rise metres above the tree<br />

line;<br />

• Detrimental to appearance of countryside;<br />

• Safety concerns about masts;<br />

• Unsuitable in a residential area.


Letter of objection from The Willows, Brickyard Lane:<br />

• The applicant's remarks that the masts will have minimal visual<br />

impact is totally incorrect;<br />

• The house is the applicant's holiday home;<br />

• The masts tend to be left fully erected or half erected;<br />

• This development would have an industrial appearance,<br />

overbearing visual nature and be totally out of character with it<br />

surroundings;<br />

• It would affect tourism;<br />

• A rook has already been injured by the masts;<br />

• Concerned about how close the masts are to the boundaries,<br />

what if the guy ropes fail;<br />

• Concerned that the applicant will rent his house out to other club<br />

members;<br />

• The tower will be higher than the Angel of the North;<br />

• The trees along our boundary with the site are actually 9.5<br />

metres at the highest and 6.5 metres at the lowest, trees lose<br />

their leaves in winter.<br />

Westwood Lodge, Brickyard Lane:<br />

• Masts detract from the appearance of the lane and the<br />

surrounding vicinity;<br />

• This is supposed to be an area of outstanding beauty on the<br />

doorstep of a national nature reserve with a large amount of<br />

wildlife;<br />

• Safety issue - masts have been seen snapped and lashing in the<br />

wind;<br />

• Health risks;<br />

• Impact on neighbours property valuations and sales.<br />

Imba Matombo, Brickyard Lane:<br />

• The aerials can be seen from the road;<br />

• The White House is overlooked by neighbours;<br />

• We work from home so our telephones are important, we have<br />

had issues with people on line due to radio masts;<br />

• Will lower the chances of a sale on properties;<br />

• Why are three masts required;<br />

• The radio lines around his garden from the masts causes<br />

accidents to large flying birds;<br />

• Health risks;<br />

• We have no huge trees and the condition of the trees on the site<br />

are in thin condition and getting thinner so in future the masts<br />

will be more in view to us, these trees are not in full leaf all year;<br />

• Even when masts are lowered they are in view.


The Hollies, Brickyard Lane:<br />

• I can see the masts from my property;<br />

• Last year one of the guy ropes broke free, what if this happens<br />

when the applicant is not at the property;<br />

• This lane is well kept with tidy gardens and then you get the<br />

White House which is run down with ugly aerials/masts;<br />

• Brickyard Lane is popular with visitors;<br />

• Many species of wildlife around here.<br />

5.0 Ward Member has been made aware previously of this application<br />

as the information was provided on the Weekly List.<br />

6.0 CONSULTATION ON AMENDED PROPOSALS (proposal has been<br />

amended to the erection of two masts and four vertical poles)<br />

Consultee<br />

6.1 PARISH COUNCIL - Despite amendments, our original objections still<br />

apply.<br />

6.2 LINCOLNSHIRE TRUST FOR NATURE CONSERVATION - Our comments<br />

remain the same as those previously submitted.<br />

6.3 LCC as HIGHWAYS AUTHORITY - The proposed development will not be<br />

detrimental to highway safety or traffic capacity.<br />

6.4 NATURAL ENGLAND - Not received.<br />

7.0 RELEVANT SITE HISTORY<br />

7.1 None.


8.0 PLANNING POLICY<br />

8.1 Section 38(6) of the Planning and Compulsory Purchase act 2004<br />

requires that planning applications are determined in accordance with<br />

the Development Plan unless material considerations indicate otherwise.<br />

The Development Plan comprises the <strong>East</strong> <strong>Lindsey</strong> Local Plan<br />

Alteration 1999 (Saved Policies) and the <strong>East</strong> Midlands Regional<br />

Plan 2009. Government’s Planning Policy Statements (PPS’s) and<br />

Planning Policy Guidance Notes (PPG’s) are material considerations. The<br />

following policies are considered relevant to the consideration of this<br />

application:<br />

<strong>East</strong> <strong>Lindsey</strong> Local Plan Alteration 1999 (Saved Policies)<br />

Policy A4 - Protection of General Amenities<br />

Policy A5 - Quality and Design of Development<br />

Policy C14 - Coastal Conservation Areas - CCA1 and CCA4<br />

Policy EMP9 - Telecommunications<br />

<strong>East</strong> Midlands Regional Plan 2009<br />

Policy 26 - Protecting and Enhancing the Region's Natural and Cultural<br />

Heritage<br />

Policy 29 - Priorities for Enhancing the Region's Biodiversity<br />

Planning Policy Statements/Guidance<br />

Planning Policy Guidance Note 8 - Telecommunications<br />

9.0 OFFICER ASSESSMENT OF THE PROPOSAL<br />

Main Planning Issues<br />

9.1 The main planning issues in this case are considered to be:<br />

• Visual Impact on Landscape;<br />

• Impact on Coastal Conservation Area, SSSI and Nature<br />

Reserve;<br />

• Impact on Neighbours;<br />

• Effect on Public Health;<br />

• Interference with electrical equipment/reception.<br />

Visual Impact on Landscape<br />

9.2 Policy A5 of the <strong>East</strong> <strong>Lindsey</strong> Local Plan Alteration 1999 is concerned with<br />

the quality and design of development and states that development will<br />

only be permitted where it does not detract from the distinctive character<br />

of the locality.


9.3 Planning Policy Guidance Note 8 – telecommunications (PPG8) gives<br />

guidance on planning for telecommunications development – including<br />

radio masts and towers, antennas of all kinds, radio equipment housing,<br />

public call boxes, cabinets, poles and overhead wires. The general thrust<br />

of the document is clearly aimed at the mobile phone network but there<br />

is overlap with the application type of proposal. The only paragraph<br />

directly related to amateur radio is paragraph 80 that states:<br />

‘Applications for planning permission to install the masts often used by<br />

amateur radio operators, radio taxi firms and other private and<br />

commercial users, usually present few potential planning problems in<br />

terms of size and visual impact over a wide area. Such masts need to be<br />

high enough for technical efficiency and located as far as possible from<br />

other antennas, in order to minimise the possibility of interference.<br />

However, they will not normally be of such a scale as to have a serious<br />

impact on local amenity. Such applicants will generally have less scope<br />

for using alternative sites or for sharing sites, and masts will often need<br />

to be located on the premises’.<br />

9.4 Policy EMP9 of Local Plan Alteration 1999 is applicable and discusses<br />

telecommunications. Similar to PPG8, the policy is primarily aimed at the<br />

mobile phone network but appears to be equally applicable to this<br />

proposal. It states that ‘telecommunications development will be<br />

permitted provided it does not harm the appearance or character of the<br />

area or local amenities generally’.<br />

9.5 The site is located on the edge of Theddlethorpe. There are dwellings to<br />

the south and east and open fields to the north. Further north are the<br />

Theddlethorpe Sand Dunes and the SSSI. This edge of village location is<br />

bordered by mature trees of significant height which form a definitive<br />

edge to the settlement. During the winter months, the house is visible<br />

through the trees from further north along Brickyard Lane.<br />

9.6 The main theme of the objections received to the application centre<br />

around the visual impact of the masts and that the masts will be visible<br />

from outside the site and from nearby neighbours.<br />

9.7 The highest proposed mast is 24 metres high. This is a lattice mast with<br />

aerials on the top. This mast is on a trailer type base so is moveable but<br />

due to its size and bulk, it is unlikely the mast would be moved other<br />

than for maintenance purposes. This mast has guy ropes to keep it in<br />

place. This mast is sited in the northern most part of the garden. The<br />

20 metre vertical pole is the next tallest structure and this is to be sited<br />

in the southern garden, in front of The White House. This pole is tall and<br />

thin and does not require guy ropes. The four 10 metre vertical poles<br />

are arranged in a square to the rear of the house and do not require guy<br />

ropes.


9.8 The applicant has confirmed that he is willing to accept a condition that<br />

allows the masts to be erected for a period of 48 days only. This<br />

condition has been imposed at another site in Saltfleetby by the same<br />

applicant for <strong>11</strong> masts in an open field which was allowed on appeal in<br />

May 2010 (reference N/145/01534/09). By virtue of this condition, the<br />

masts would not be fully erected permanently. The applicant has<br />

confirmed that the 20 metre vertical pole will only be erected<br />

infrequently and the 10 metre vertical poles will not be left erected when<br />

not in use. The 24 metre mast fully retracts to a height of 3.5 and at<br />

this height, the structure would not be visually dominant and would be<br />

screened by the existing trees on the boundaries of the site. However,<br />

the applicant has stated that he would rather be required to lower the<br />

mast to its lowered position of 7.5 metres when not in use for ease of<br />

maintenance for the garden. However, if necessary he would be willing<br />

to accept a condition requiring the masts to be fully retracted to 3.5<br />

metres.<br />

9.9 In terms of assessing the visual impact on the landscape, the proposed<br />

24 metre mast is tall with aerials at the top which has the appearance of<br />

a large T.V aerial. This mast will protrude above the tree line around the<br />

garden and as a result will be visible as part of the wider landscape.<br />

There will be views of the mast from further northwards along Brickyard<br />

Lane and from the Sand Dunes. There is an existing mast in place at the<br />

rear of a property along Saltfleet Road. This is a tall, narrow structure.<br />

The mast will be seen against the backdrop of the trees lining the edge<br />

of the village and as a result will not be seen against a flat landscape<br />

backdrop. With a condition restricting the mast to be erected for only 48<br />

days, it is felt that the mast will not have an adverse impact on the<br />

character of the landscape.<br />

9.10 With regards to the 20 metre vertical pole, this tapers to 36mm at the<br />

top so the visual impact of this pole will diminish significantly with<br />

distance. The Inspector at the Saltfleetby site concluded that the<br />

slimline masts (such as the one proposed here) would be largely lost<br />

against the background of the sky. The proposal is for two high masts so<br />

this small number would not create a cluster of masts and so would not<br />

have the prominence of a large sold object such as a building (the<br />

Inspector came to this conclusion with the application for <strong>11</strong> masts at<br />

Saltfleetby).


Impact on Coastal Conservation Area, SSSI and Nature Reserve<br />

9.<strong>11</strong> The northern half of the application site is located within the Coastal<br />

Conservation Area. Policy C14 is concerned with development in these<br />

coastal areas and states that it will not be permitted unless it is essential<br />

in that location. The aim of this policy is to protect the remaining natural<br />

character and interest of the coast. This policy specifically refers to the<br />

Saltfleetby-Theddlethorpe dunes and states that it is of great ecological<br />

importance. It goes on to state that where permitted, development shall<br />

not materially harm the amenities, character or ecological balance of the<br />

area because of its siting, scale, form, appearance, materials or noise.<br />

Although the conservation area boundary runs through the centre of the<br />

site, there is no indication on the ground of the difference between the<br />

two areas. The boundary does not follow the boundary of the village<br />

which appears to be an oddity. The character of the site does not have a<br />

coastal character and I would suggest that it would be inappropriate to<br />

judge the application purely on the criteria in Policy C14.<br />

9.12 Policy 26 of the <strong>East</strong> Midlands Regional Plan 2009 is concerned with the<br />

Region's Natural and Cultural Heritage and states that damage to natural<br />

and historic assets should be avoided where and as far as possible.<br />

Policy 29 is concerned with Enhancing the Region's Biodiversity and<br />

refers the Lincolnshire Coastal Grazing Marshes as a Biodiversity<br />

Enhancement Areas.<br />

9.13 The SSSI lies to the north of the application site and a number of the<br />

objections received to the application refer to the impact of the proposal<br />

on the SSSI and birds in the area. The site does not lie within the SSSI<br />

and the nearest corner of the site is located approximately 570 metres<br />

from the nearest part of the SSSI. The 24 metre high mast is tall but<br />

will be up for only 48 days in a year. There is no evidence to suggest<br />

that these structures have an adverse impact on wildlife. The<br />

Lincolnshire Trust for Nature Conservation has been consulted and they<br />

have stated that they would not expect the application to have an<br />

adverse impact on the nature conservation interest of the SSSI/NNR.<br />

They have gone to state that there is potential for birds to strike the guy<br />

ropes which could put the development at conflict with the aspirations of<br />

the grazing marsh project which aims to increase the numbers of birds in<br />

the area by restoration of grazing marsh. They have therefore<br />

suggested that reflective markers are put on the guys so that birds<br />

would be better able to see the ropes. The applicant has agreed to the<br />

imposition of a condition requiring these reflectors to be provided on the<br />

guy ropes. Natural England have been consulted twice on the proposal<br />

but no response has been received.


9.14 The Coastal Grazing Marsh is a multi agency initiative fronted by the<br />

Lincolnshire Wildlife Trust. The Lincolnshire Coastal Grazing Marshes<br />

Partnership Project is being developed - in consultation with<br />

farmers/landowners, the local community and organisations with a<br />

vested interest - to protect, maintain and enhance the key features of<br />

the area and secure their sustainable management into the future. The<br />

overall vision of the LCGM project is to have, once again, a mosaic of<br />

grasslands, rich in wildlife, intersected by a distinctive pattern of<br />

watercourses. This will be a landscape where both arable and livestock<br />

farming thrives and communities have a high quality of life. The project<br />

has the following aims;<br />

• To reverse the decline in biodiversity in the grazing marshes;<br />

• To ensure that any landscape and land-use change enhances and<br />

protects archaeological and historical features and contributes<br />

positively to overall landscape character;<br />

• To encourage the retention and re-establishment of viable<br />

pastoral farms;<br />

• To stimulate local economic activity through the marketing of<br />

locally produced high quality products and services;<br />

• To improve the local environment for the benefit of all through<br />

enhanced access and recreation opportunities;<br />

9.15 As was relayed to the planning committee as part of the application at<br />

Saltfleetby for <strong>11</strong> masts, the grazing marsh initiative has limited weight<br />

in planning considerations. I do not consider this initiative can be used<br />

in refusing the application.<br />

Impact on Neighbours<br />

9.16 Policy A4 is concerned with impact on the amenities of neighbours and<br />

states that development will not be permitted where it would result in an<br />

adverse impact on neighbours through, for example, overbearing effect<br />

or increased noise and disturbance. A significant number of objections<br />

has been received to the proposal. The immediately adjoining neighbour<br />

to the south (The Willows) and two of the neighbours directly opposite<br />

the site (West Woodlodge and Imba Matombo) have strongly objected to<br />

the proposal. The main objection raised is that the masts are visible<br />

from their properties. Loss of view is not a material planning<br />

consideration and cannot be used to justify refusal of this application.<br />

9.17 The 24 metre mast was originally proposed in the southern garden but


has now been moved to the northernmost part of the garden to increase<br />

the distance between the mast and The Willows. As a result, the mast<br />

will be close to the neighbours opposite the site on the eastern side of<br />

Brickyard Lane. There are high mature trees along the eastern boundary<br />

of the application site which will screen the mast to a large extent.<br />

Whilst the mast is a tall structure, it is relatively narrow and of a lattice<br />

design so is not a solid structure.<br />

9.18 The 20 metre vertical pole which is the structure nearest The Willows is<br />

thin and will be lost against the backdrop of the sky. Due to its thin<br />

design it is felt that the proposed pole will not appear adversely<br />

overbearing to neighbours. The 10 metre vertical poles are again thin in<br />

their design and will be screened to a large extent by the existing trees<br />

along the boundaries of the site.<br />

Effect on Public Health<br />

9.19 The Short Wave Frequencies and the corresponding low power used by<br />

Radio Amateurs are not associated with health risks. In addition,<br />

although PPG8 primarily addresses the mobile phone networks it does<br />

advise in general terms the following:<br />

• "Health considerations and public concern can in principle be<br />

material considerations in determining applications for planning<br />

permission and prior approval. Whether such matters are<br />

material in a particular case is ultimately a matter for the courts.<br />

It is for the decision-maker (usually the LPA) to determine what<br />

weight to attach to such considerations in any particular case.<br />

• However, it is the Government’s firm view that the planning<br />

system is not the place for determining health safeguards. It<br />

remains central Government’s responsibility to decide what<br />

measures are necessary to protect public health. In the<br />

Government’s view, if a proposed mobile phone base station<br />

meets the ICNIRP guidelines for public exposure it should not be<br />

necessary for a LPA, in processing an application for planning<br />

permission or prior approval, to consider further the health<br />

aspects and concerns about them.<br />

• The Government’s acceptance of the precautionary approach<br />

recommended by the Stewart Group’s report "mobile phones and<br />

health") is limited to the specific recommendations in the Group’s<br />

report and the Government’s response to them. The report does<br />

not provide any basis for precautionary actions beyond those<br />

already proposed. In the Government’s view, LPA's should not<br />

implement their own precautionary policies e.g. by way of<br />

imposing a ban or moratorium on new telecommunications<br />

development or insisting on minimum distances between new<br />

telecommunications development and existing development."


9.20 On this basis, and given the Government’s view it would be difficult to<br />

sustain an objection on these grounds.<br />

Interference with electrical equipment/reception<br />

9.21 PPG8 advises that all users of radio equipment are required by the terms<br />

of wireless telegraphy legislation to avoid creating undue radio<br />

interference with other radio users, including domestic television sets,<br />

and their equipment must be designed to minimise it. There are also<br />

regulations made under the Wireless Telegraphy Act 1949 that set limits<br />

for unwanted radio frequency emissions from certain types of non-radio<br />

equipment, such as household appliances and some office machinery<br />

(but not computers). There are also European Regulations governing the<br />

compatibility and immunity to electromagnetic interference of electrical<br />

devices.<br />

9.22 PPG8 states: "However, significant interference can arise despite these<br />

controls. For example, the source of the interference may be a type of<br />

equipment that is outside the scope of the regulations; or there may be<br />

site-specific factors that give rise to interference, even though the<br />

legislation is complied with…. If the development has yet to take place<br />

but potential interference is causing genuine local concern, one or other<br />

of the parties may wish to seek the help of experts to assess the<br />

likelihood and degree of interference, but authorities should not seek out<br />

such problems for critical examination unnecessarily… It is unlikely that<br />

refusal of planning permission would be justified on the grounds of radio<br />

interference from a transmitter or non-radio equipment alone except in<br />

extreme cases. It may sometimes be appropriate to grant temporary<br />

planning permission to allow for a trial period of operation, but this<br />

course should not be adopted unless there is evidence of significant<br />

interference, and only as an alternative to refusal. At the end of the trial<br />

the final decision can be taken… Where applications which are turned<br />

down solely or mainly on interference grounds come to appeal, the<br />

Secretary of State will expect planning authorities to produce full details<br />

of the evidence of interference, or likely interference, and evidence that<br />

there are no reasonable remedies that would be satisfactory." Having<br />

regard for the above I have no reason to object to the proposal on<br />

grounds of electrical equipment interference.<br />

10.0 CONCLUSIONS<br />

10.1 The applicant has recognised the local objection and reduced the number<br />

of masts from three to two. The locations that have been proposed<br />

make the most of the natural screening around the application site. A<br />

significant number of both objections and letters of support have been<br />

received with opinion divided, even within the locality of the site.


10.2 As set out above, I consider that the visual effect on the landscape is not<br />

significantly adverse, particularly due to the thin nature of the poles, nor<br />

is the impact adverse on the nearby SSSI and NNR. The proposal will<br />

not have an adverse impact on neighbours due to the restriction of 48<br />

days on any approval and the slim design of the masts.<br />

10.3 I have taken into account all matters raised by the Parish <strong>Council</strong>,<br />

neighbours and all consultees but on balance I find in my view there are<br />

insufficient reasons to justify refusal and recommend approval in this<br />

case.<br />

RECOMMENDATION:<br />

Approve<br />

subject to the following conditions:<br />

1. Full Permission<br />

2 The 24 metre lattice mast shall only be in the extended position a<br />

maximum of 48 days in a calendar year. When not in use it shall be<br />

maintained in its lowered position of 7.5 metres.<br />

Reason: To protect the character of the locality in accordance with Policy<br />

A5 of the <strong>East</strong> <strong>Lindsey</strong> Local Plan Alteration 1999.<br />

3 The 20 metre vertical pole and the four 10 metre vertical poles shall be in<br />

the extended position for a maximum of 48 days in a calendar year. When<br />

not in use it shall be lowered to the ground.<br />

Reason: To protect the character of the locality in accordance with Policy<br />

A5 of the <strong>East</strong> <strong>Lindsey</strong> Local Plan Alteration 1999.<br />

4 Prior to the 24 metre lattice mast being erected, bird reflective markers<br />

shall be attached to the guy ropes and retained thereafter.<br />

Reason: To protect birds in the vicinity of the site in accordance with Policy<br />

29 of the <strong>East</strong> Midlands Regional Plan 2009.<br />

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