Appendix 12

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 6th November 2019

APPLICATION NO: LA11/2019/0715/F

APPLICATION TYPE: Full Application

DATE OF APPLICATION: 19.08.2019

PROPOSAL: Proposed 17.5m telecommunications column, with 6no. antennae and 2no.

radio dishes. Proposal includes the provision of 4no. new equipment cabinets

and associated ground works.

LOCATION: Adjacent to Brandywell Greyhound Track, within Brandywell Sports Centre,

Lone Moor Road, BT48 9LB

APPLICANT: Telefonica UK Limited & Cornerstone

AGENT: Taylor Patterson

ADVERTISEMENT: 03.09.2019

STATUTORY EXPIRY: 18.09.2019

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: Council is the landowner

All planning application forms, drawings, consultations, letters, representations etc. relating to this

planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

This application is for a 17.5m telecommunications column, with 6no. antennae and 2no. radio

dishes within the Brandywell Stadium site. It also includes the provision of 4no. new equipment

cabinets and associated ground works. This site is proposed as relocation of the existing

telecommunications column at Letterkenny Road is required.

2. EIA Determination

This application has been screened by Council and as the development does not meet the

threshold of Schedule 2 10 (b), as set down in The Planning (Environmental Impact Assessment)

Regulations (Northern Ireland) 2017, an EIA determination is not required.

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3. HRA

Assessment under the Habitats Regulations is not required as there is no watercourse directly

abutting this site. Therefore, as there is no hydrological link, it is unlikely that there will any

adverse effects from development works on integrity of any National or European site.

There are no trees or landscape features on this site which will be adversely impacted by this

proposal as the application is for a change of use. Therefore, it is unlikely that this proposal will

adversely affect a priority species or their habitat which is afforded protection.

4. Site and Surrounding Area

The application site consists of a portion of extended footpath within the car parking area of the

Brandywell Sports Stadium and Community Centre. Currently the application site is undefined.

To the rear of the site are the recently constructed dog kennels set behind a close boarded fence

and immediately north are the sports pitches and tack. This site is located within a sports ground

on zoned Recreation and Open Space as per the DAP 2011. The surrounding area is predominantly

residential in nature. There is an equipped play area south west of this site.

Figure 1 – Site Location

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5. Site Constraints

Existing Recreation and Open Space

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6. Neighbour Notifications

7. Recent Relevant Site History

LA11/2017/0365/F

Proposed amendments to previously approved scheme ref: A/2014/0457/F, to include

amendments to the greyhound control building and associated kennel block, re-configuration of

internal site parking, closure of existing access on to Lone Moor Road and replacement of Lone

Moor Road, boundary wall.

Permission Granted: 04.07.2017

A/2014/0457/F

Brandywell football grounds redevelopment comprising demolitions of existing terraces, stand

and changing rooms along Lone Moor Road, replaced with a new 2400 seated stand with

associated facilities, 3g football surface to replace existing grass pitch, demolition and

reinstatement of existing boundary walls, relocation of existing dog track within the site with

associated stand and facilities, car parking. The eaves height of the new stand to the football

ground has been raised by 1metre (amended scheme).

Permission Granted: 01.12.2015

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8. Policy Framework

Regional Development Strategy (RDS) 2035

Derry Area Plan 2011 (DAP) 2011

Policy BE1 Urban Design

Policy ENV 7 Retention of Trees and Hedges and Landscape Features

Policy ENV 8 The Water Environment

Policy R1 Protection of Zoned Recreation and Open Spaces Areas

Policy PU 3 Telecommunications Development

Strategic Planning Policy Statement for Northern Ireland (SPPS) 2015

The SPPS supersedes PPS 1 General Principles and introduces transitional arrangements which will

operate until Council’s Plan Strategy has been adopted. During this period planning authorities

will apply the existing policy (contained in the PPSs, referred to as the retained policy) together

with the SPPS. Any conflict between the SPPS and the retained policy must be resolved in favour

of the SPPS.

Planning Policy Statements

Planning Policy Statement 10: Telecommunications (PPS 10)

Planning Policy Statement 3: Access, Movement and Parking (PPS 3)

Planning Policy Statement 8: Open Space, Sport and Recreation (PPS 8)

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9. Consultee Responses

DFI Roads have no objection to the proposal. Standard conditions and advice provided.

Environmental Health have no objections to this proposal and notes that the applicant

has indicated in that the proposed equipment and installation complies with the

requirements of the radio frequency public exposure guidelines of the International

Commission on Non Ionizing Radiation Protection (ICNIRP).

NI Water have no objections to the proposal and standard advice has been provided.

10. Representations

There have been no letters of support or objection submitted in relation to this application.

11. Planning Assessment and Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires Council to make planning

decisions in accordance with the local development plan, unless material considerations indicate

otherwise.

This proposal has therefore been assessed against the policy framework listed in paragraph 7 and

all other material considerations including relevant planning history, consultation responses and

representations.

PPS 10 sets out the Department's planning policies for telecommunications development. Policy

TEL 1 Proposals for Telecommunications Development sets out the criteria which is required to be

met.

Para 6.235 - 6.250 of the SPPS states that modern telecommunications are an essential and

beneficial element of everyday living for the people of and visitors to this region and that it is

important to continue to support investment in high quality communications infrastructure which

plays a vital role in our social and economic well-being. The aim of the SPPS in this respect is to

facilitate the development of such infrastructure in an efficient and effective manner whilst

keeping the environmental impact to a minimum.

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Policy OS1 Protection of Open Space of PPS 8 states that development will not normally be

permitted that would result in the loss of existing open space or land zoned for the provision of

open space, however in certain instances exceptions are made. In terms of the exceptions

permitted, part (ii) of Policy OS 1 is relevant in assessing this application as this site is a sports

facility. The policy allows for redevelopment proposals where there will be no adverse effect on

the sporting potential or overall amenity value of the open space and which are restricted to an

area no greater than 10% of the total site. The application site measures approximately 220

square metres. The overall Brandywell site is approximately 47,100 square metres. Therefore,

this site is less than 10% of the site, and given that it is located on section of extended footpath at

the car park it will not adversely affect the sporting potential of the site. Thus, the proposal

complies with Policy OS 1.

This is a replacement site for Telefonica UK and Vodafone UK who currently have a mast at

Letterkenny Road. As can be seen in Figure 2 below, the mast will be approximately 17.5m in

height with 6 antennae. There will also be 4 electricity cabinets. The site will have a concrete

base and a 1.8m black painted paladin fence.

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Figure 2 – Proposed Elevations & Site Layout

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The Letterkenny Road site is now the subject of a planning application for housing development

(LA11/2018/1172/F).

This proposal is therefore a necessary re-location and will be a single mast shared by two operators

which will continue to provide and improve the telecommunications network in the local area.

Therefore, it is considered that the proposal complies with Part (a) of Policy TEL 1 of PPS 10.

Policy TEL 1 of PPS 10 and PU 3 of the DAP provide further consideration of such proposals in

terms of:

The need for the proposal including a statement detailing the height of the antenna, the

frequency and modulation characteristics, details of power output; and declaring that the

base station when operational will meet the ICNIRP guidelines for public exposure to

electromagnetic fields:

The visual impact of the proposal and;

The potential environmental problems.

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As detailed previously, there is a need for the relocation of this telecommunications equipment

given that the current site on which it is located is to be redeveloped for housing. This site can be

seen in Figure 3 below. Should this permission be refused, or not implemented a condition will

be attached to approval of this application to ensure that the existing mast is removed once this

mast is operational. The specific details have been provided in terms of height, and the

frequencies and modulation characteristics have been provided alongside the power output

details. A statement has also been provided outlining compliance with ICNIRP guidelines.

Figure 3 – Existing Location of Telecommunications Mast & Proposed

Location of Existing Site

Amenity

In consideration of amenity, the SPPS provides the policy. Para.2.3 of the SPPS states that the

planning system operates in the public interest of local communities. The basic question is

whether the proposal would unacceptably affect amenities of owners or occupiers of

neighbouring properties and the existing use of the land and buildings that ought to be protected

in the public interest. The nearest residential properties are approximately 50m north west of the

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application site on Lone Moor Road. This proposal will not result in any noise nuisance and will

not result in any visual amenity issues given the separation distance and location within the

stadium and amongst the existing flood lighting. EH have been consulted and have no objections

in terms of amenity. It is therefore considered that this development would not unacceptably

affect the amenity of surrounding properties and therefore the proposal complies with Paragraph

2.3 of the SPPS, Policy PU 3 of the DAP and Policy TEL 1 of PPS 10.

Design and Visual Impact

As seen above, the proposed mast measures approximately 17.5m and is set within the

Brandywell Sports Ground. The pole is constructed in galvanised steel with a grey finish. The

cabinets are finished in steel with a powder coated finish. The site is enclosed by a close boarded

timber fence painted black. The existing car park contains numerous lamp posts and within the

stadium there are several flood lighting columns. These flood lights are at a higher level than the

proposed mast. The site is also within the grounds and adjacent the kennel building. As a result,

it is considered that in the context of this overall site the visual impact of the proposal from the

surrounding public roads and residential area will not be to an unacceptable level. The design is

considered functional and typical of such developments. Therefore, it is considered that the

proposal complies with Policy PU 3 and BE 1 of the DAP.

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Figure 4 – Views towards the Site from Surrounding Roads (red arrows indicate approximate

location of mast)

Foyle Road

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Lone Moor Road

Parking & Road Safety

Figure 5 below shows that the site is located on a public footpath within the car parking area. DFI

Roads have been consulted and have no objections to the proposal. There is no parking required

for this proposal. Therefore, the proposal will not prejudice road safety or significantly

inconvenience the flow of traffic. Furthermore, the drawings show that the pedestrian footpath

is wide enough at this point to accommodate the proposed development whilst retaining

sufficient space around it to allow passage of people including those whose mobility is impaired.

The proposal complies with Policies AMP 1 and AMP 7 of PPS 3.

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Figure 5 – Location of Site on Footpath

Natural Heritage/Environmental Considerations

The site is not located adjacent to or nearby any watercourses and given the nature of the proposal

it is unlikely that the proposed alterations will adversely affect the water environment subject to

best practice during construction. There are no significant trees/hedgerows or landscape features

which will be adversely affected. Therefore, the proposal complies with Policies ENV 6, ENV 7 and

ENV 8 and Policy PU 3 of the DAP as well as Policy TEL 1 of PPS 10.

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12. Conclusion and Recommendation

In consideration of the above, it is concluded that it has been demonstrated that this proposal is

a necessary infrastructural project to ensure continued provision of telecommunications in this

area. The site selected is considered to be acceptable from a visual, public safety and amenity

perspective and will not adversely affect parking. To conclude, this proposal meets the relevant

policy requirements as set out in the DAP, SPPS and PPS 10 and approval is therefore

recommended subject to the conditions set out in Section 13 below.

13. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the

date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. Subject to the above conditions, the development shall be carried out in accordance with the

stamped approved Drawing, No’s: 01, 02 and 03 date stamp 19 August 2019.

Reason: To ensure the development is carried out in accordance with the approved plans.