Proposed erection of 15m monopole to support 2no. Antennas and 1no. Dish, floodlights, together with the installation of 5no. Equipment cabinets and erection of 1no, 10m floodlight structure with 2no. New floodlights.

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed erection of 15m monopole to support 2no. Antennas and 1no. Dish, floodlights, together with the installation of 5no. Equipment cabinets and erection of 1no, 10m floodlight structure with 2no. New floodlights.)

The Principal Planning Officer gave a presentation on the application.  He clarified that the reason the application required planning permission was because the site was just within the Malvern Hills AONB.

In accordance with the criteria for public speaking, Mr R Hadley, a local resident, spoke in objection to the application.  Mr R Morison, the applicant’s agent, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor EL Holton, spoke on the application.

She made the following principal comments:

•           The present and future technological needs of Ledbury needed to be met.

•           Local residents had a number of legitimate concerns as reflected in the report.. 

•           Ledbury Town Council had objected to the proposal.

•           Paragraphs 42 and 46 of the National Planning Policy Framework supported the need for a high quality communications infrastructure.

•           Conditions would govern the use of floodlighting.

•           Radiation emissions were controlled by law.

In the Committee’s discussion of the application the following principal points were made:

•           It was surprising that the application was a combined one for floodlighting and a monopole.

•           It appeared that the current conditions governing the floodlighting were being breached.  Future enforcement of conditions would be important. It was asked if the relevant condition could be amended to require the floodlights to be turned off earlier than proposed. The Acting Development Manager replied that the Committee did not have the evidence to support such a change and the council had previously approved an extension to the shut off time of the existing lights to the time proposed in the report for the new lights.

•           It was questioned whether any alternative sites for the monopole had been considered and if so on what grounds they had been discounted noting that the application site was within the AONB.

•           It was important that the colouring of the mast was sympathetic.

•           The proposals to protect trees at the site were important.

The Principal Planning Officer reported that the Planning Statement accompanying the application explained the consideration the applicant had given to alternative sites and outlined the sites that had been considered.  He added that there would be no reduction to the crown of the existing trees.  The importance of the colour of the monopole was recognised.  He also confirmed the distance from the monopole to the nearest dwellings.  The proposed floodlighting would be of good standard and light spillage would be controlled.

The Acting Development Manager commented that in accordance with NPPF guidance, Members were not entitled to take impacts on public health into account provided the relevant ICNIRP certification had been received.  He also highlighted the comments of the AONB officer at paragraph 4.1 of the report that the visual effect of the development would not be major and the response of the Conservation Manager (Historic Buildings) set out at paragraph 4.5 of the report that the proposal would cause less than substantial harm to the setting of Underdown.

The local ward member was given the opportunity to close the debate.  She had no additional comment.

RESOLVED: That planning permission be granted subject to the following conditions:

1.         A01- Time limit for commencement

2          B01- Development in accordance with the approved plans

3.         The finish to the monopole shall be the subject of the prior written approval of the local planning authority. The finish shall be applied in accordance with the approved details and maintained thereafter as such.

            Reason: To minimise the impact of the development in this part of the AONB and Conservation Area so as to accord with Policies LD1 and LD4 of the Herefordshire Local Plan-Core Strategy.

4.         Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following documents and plans: ‘Seventy-Two’ Arboricultural Development Report (Ref:SA107AIA) dated 11.02.2017, Response to tree officers comments (Ledbury LTC – SA107) dated 14.03.17 and ‘Vodafone/Shared Access’ Proposed Overall Site Plan (Ref:BPLTA00492) revised 21.03.17

            Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority so as to comply with Policies  LD1 and LD2 of the Herefordshire Local Plan-Core Strategy

5.         Prior to the commencement of the development hereby approved, a suitably qualified and competent arboricultural ‘clerk of works’ should be appointed. The clerk of works will ensure that all construction works in the proximity of trees, are carried out as per the approved documents and plans. The clerk of works shall monitor these works and inform the Local planning Authority following each relevant stage of the project.

            Reason – Compliance with approved documents/plans and the continued good health of the retained trees ensuring that they are not adversely impacted by the construction works so as to comply with Policies LD1 and LD2 of the Herefordshire Local Plan-Core Strategy

6.         The floodlights shall be turned off no later than 10.00 pm.

            Reason: To minimise the impact of the floodlights and to protect the residential amenity of nearby dwellings so as to comply with Policy SD1 of Herefordshire Local Plan-Core Strategy.

7.         H27- Parking for site operatives

8.         I16- Restriction of hours during construction

INFORMATIVES:

1.         Positive and pro-active working