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The Committee considered an application for prior notification of proposed development by telecommunications code systems operators. Cabinet and an 18-metre mast. A report setting out information about the application was before the Committee.
The Committee members had been provided with a short video of the site taken by the Principal Planning Officer to assist in their assessment of the impact and suitability of the proposals.
James Ryan, the Principal Planning Officer, presented the report and assisted the Committee in its deliberations. He reminded members that this was not a Planning Application as the development was Permitted Development and were it not to be determined or to be deferred at the meeting it would gain deemed consent. The applicant had made their site selection and submitted this to be considered as is. Siting and appearance were the only matters the Committee could consider.
The Principal Planning Officer shared a presentation with members including plans, images and drawings to illustrate in particular the positioning and height of the mast which emerges from a rectangular cabinet.
The Principal Planning Officer explained that the mast was of utilitarian design, located on Highway land with pedestrian clearance, 3.7 metres footway remained. Some residents supported this proposal given the benefits of the provision of 5G, others were against and a balance needed to be struck. He clarified that the mast was a long way from properties, there were relatively spacious grass banks and other sites were closer to dwellings. He pointed out that for installation on Highway land the Street Team in Essex County Council would have looked at the location.
Cllr Dundas attended and, with the consent of the Chairman, addressed the Committee.
He explained that he had called the item in for the Committee to discuss,
highlighting that as the planning report says this is a balanced decision which has
submissions of both support and objection from nearby residents.
As many submissions point out good 5G coverage is vital for the long-term economic future of Stanway and the Lakelands area. With more people working from home advanced broadband, both wired and wireless is vital. There are currently several
4G bad patches in Stanway and no one wants to see that repeated with 5G.
The aerial map shown in the planning documents shows the area before
recent building and the mast site proposed is close to a number of houses
and close to the road so quite prominent in appearance.
The Lakelands area consists of a fairly large residential zone with a similarly large
retail and industrial zone to the north. The mast would surely be more appropriate sited in the commercial area where, amongst many already utilitarian buildings where it would probably be almost unnoticeable.
He pointed out that on Page 10 of the Background planning papers the applicant shows a map of sites they have considered. Some, correctly, are identified as being even worse in terms of proximity to residential properties but there is one on the Western by-pass closer to the commercial areas which is discounted due to
“insufficient pavement width”. This implied, that there is no specific technical reason in terms of coverage why the mast needs to be on the
of Church Lane and coverage could be obtained from siting it to the north of the
the residential area.
All of the sites considered are on pavements adjoining the highway. There
had been no consideration to siting it on private land or even mounted on existing
commercial buildings. He asked that the Committee enquire why this is the case? Whether this might be because of costs that the company do not want to pay
(rent or land purchase) and whether landowners such as the Tollgate Partnership
or British Land been approached?
People in Stanway are not being “NIMBYs” on this. They want good coverage and
understand that means masts. They just want to be sure all alternatives which are a
compromise between technical effectiveness and visual impact have been considered.
In summary Cllr Dundas stated that it was clear from the documents the mast could be sited almost 1Km away and still give coverage. There must be one site
somewhere in amongst a large commercial development which includes several tall buildings which would work.
He urged the committee to question why only sites on the public highways have been considered and to be sure that the mast could not be stied in the commercial
area before considering approval.
Cllr Scott-Boutell attended and, with the consent of the Chairman, addressed the Committee. She highlighted that the Parish Council had objected and there had been a number of residents who had also objected. Her concerns were around location and visual impact.
Cllr Scott-Boutell pointed out that indicators of the site had already been marked up on the street itself. The mast would be too prominent and close to a residential area if this site were to be used. She asked if officers had been provided with evidence to show why the mast could not be sited to the North at the nearby retail parks for example, alternative siting in a commercial area would be more appropriate.
In discussion, members felt the height of the mast, particularly in comparison to the streetlights was an issue, along with the proximity of the mast to residents’ properties. It was suggested that the greensward behind the proposed site might in future be allocated for a Housing Development. Concern was expressed about EMF radar frequencies. In response the Senior Planning Officer informed members that that the applicant had provided a certificate that certified safety, and that the only issues that the Committee could consider were siting and design.
There was discussion around the design and how the mast tower might be painted to minimise its impact through camouflage. It was noted that the triangular design had been proposed to make the tower as slimline as possible. Siting near signage was raised but it was confirmed that this was a Highways issue.
Reference was also made by Committee members to the siting obstructing the footway for the visually impaired and pedestrians such as families with pushchairs.
RESOLVED (SIX voted FOR, THREE voted AGAINST) that the application for for prior notification of proposed development by telecommunications code systems operators be refused for the following reasons:-:
The proposal is unacceptable in term of its appearance. The mast is a stark and utilitarian structure that is proposed to be located in a wholly residential area. It is not proposed to be disguised or camouflaged in any way and is considerably taller than any of the other street furniture in the vicinity. It will be the dominant feature of this part of Lakelands and is therefore demonstrably harmful to the character of the area by reason of its alien character and industrialising effect in this suburban residential location.
The proposal is unacceptable in terms of its siting. The location proposed is highly prominent in the street scene and this results to further harm to the character of the area. The submitted justification for not using other sites of a more appropriate character able to host the mast without the adverse impacts identified and suitably distanced from residential dwellings has not been fully explored or justified. The proposed location will force pedestrians (and especially the visually impaired) onto the block paved area of the footway to the detriment of their efficient use of the footway at the expense of the siting of this telecommunications equipment which is not held to be reasonable. It also sits adjacent to a vacant piece of land that may be used for development in the future and this scheme would adversely impact upon the developable area.
The scheme therefore fails to accord with Adopted Development Policies Policy DP1 that requires design to take the opportunities available to it and to ensure development is well designed and does not harm the character of an area. It also fails to accord with the requirements of the NPPF 2019 that states at paragraph 113: “where new sites are required (such as for new 5G networks, or for connected transport and smart city applications), equipment should be sympathetically designed and camouflaged where appropriate.