MOORLANDS DISTRICT COUNCIL PLANNING APPLICATIONS COMMITTEE

Date 15th June 2017

Application DET/2017/0012 No: Location Adopted Grass Verge, Leek Road, Proposal Installation of a radio base station comprising a 17.5m streetworks slim-line column supporting 3 no shrouded antennas, 2 no transmission dishes, 2 no equipment cabinets, 1 no meter cabinet & ancillary development there to Applicant Cornerstone Telecommunications Infrastructure Ltd Agent Clarke Telecom Ltd Parish/ward and Endon Date registered 05/04/2017 ward If you have a question about this report please contact: Mark Ollerenshaw – Email: [email protected] Tel: 01538 395400 Ext: 4921

REFERRAL

This application is to be decided at Planning Applications Committee because it is a locally controversial proposal.

1. SUMMARY OF RECOMMENDATION

Prior Approval is Required and Granted

2. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

2.1 The application site is located within a break from the residential area on the adopted grass verge set back from Leek Road and adjacent footpath. The site is set against the backdrop of semi mature tree hedgerow with the land beyond rising upwards.

2.2 The site is within the Endon Conservation Area and also within the Green Belt. To the north east along Hallwater are Hallwater and Hallwater Barn, which are Grade II listed buildings. A Scheduled Ancient Monument, Audley’s Moat, is located approx. 90m to the east of the site.

3. DESCRIPTION OF THE PROPOSAL

3.1 The application has been submitted under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015, as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) Order 2016 which came into force on 24th November 2016, in accordance with the electronic communications code under the Telecommunications Act 1984 as amended by the Communications Act 2003.

3.2 The application is a determination as to whether Prior Approval of the Local Planning Authority is required for the siting and design of the proposed development which comprises the installation of a 17.5m high streetworks slim-line column supporting 3 no shrouded antennas, 2 no transmission dishes, 2 no equipment cabinets, 1 no meter cabinet & ancillary development.

3.3 The applicant states that the proposal is required to provide improved 2G, 3G and 4G coverage where currently there is little or no indoor coverage within the village of Endon and the surrounding area. The proposal will allow both Vodafone and Telefonica to operate from a single telecommunications network.

3.4 An ICNIRP Certificate has been submitted with the notification in accordance with Chapter 5 of the NPPF which shows that the equipment is within agreed health and safety standards.

3.5 The application and all details associated with it can be found on the Council’s website at:

http://publicaccess.staffsmoorlands.gov.uk/portal/servlets/ApplicationSearchServlet? PKID=113558

4. RELEVANT PLANNING HISTORY

None.

5. PLANNING POLICIES RELEVANT TO THE DECISION

5.1 The following policies of the Core Strategy are considered relevant:

 SS1 Development Principles  SS1a Presumption in Favour of Sustainable Development  SS6 Rural Areas  SS6a Larger Villages Area Strategy  DC1 Design Considerations  DC2 The Historic Environment

National Planning Policy Framework (NPPF)

 Achieving sustainable development  Chapter 1 – Building a strong, competitive economy  Chapter 5 – Supporting high quality communications infrastructure  Chapter 7 – Requiring good design  Chapter 12 – Conserving and enhancing the historic environment

Other Relevant Policy Documents National Planning Policy Guidance (NPPG)

6. CONSULTATIONS CARRIED OUT

6.1 Site notice displayed adjacent to the site on Leek Road on 02.05.2017. The site notice expired on 23.05.2017.

6.2 Public comments

181 no. letters/emails and two petitions of objection (one containing the signatures of 14 no. individuals and the other containing the signatures of 8 no. individuals) have been received in which the objections raised can be summarised as follows:-  Adverse impact on the views in to and out of Endon Conservation Area and Cauldon Canal Conservation Area.  Adverse impact on setting of a Scheduled Ancient Monument.  Adverse impact on landscape character.  Design of the mast is out of character with the listed stone and part stone buildings and rural nature of the Endon Conservation Area.  The photomontages of the proposed column are understated and misleading. There are inaccuracies in the submitted information.  The applicant has not undertaken an accurate analysis of the experience for the residents on near and far views of the proposal.  The impact on heritage assets has not been properly assessed by the applicant.  Harm to the heritage assets outweighs any public benefits.  The proposal conflicts with Policies DC1 and DC2 of the Core Strategy.  The applicant should be requested to provide further photomontages from other key vistas.  Other less sensitive sites should be considered.  Inappropriate development in the Green Belt and there are no very special circumstances.  Current mobile phone reception in the area is good and doesn't warrant further improvement.  Mast design is subject to testing and if through testing the mast type does not meet the applicant’s needs, the design could easily and seamlessly morph into a more typical pylon-type design.  Loss of outlook from the primary windows of nearby dwellings.  Loss of views.  Health concerns.  Devaluation of neighbouring properties.  Loss of income (from nearby holiday accommodation) due to impact on views / health concerns.  Traffic hazard.  HGV lorries turn into Park Lane opposite the proposed site to access the S.J Bargh dairy in Park Lane. The risk of hitting the large mast opposite this junction is very high.  The applicant has not engaged / consulted with Historic England.  Inadequate consultation with local community, including local primary school.  Acceptance of this proposal may set a precedent for other such developments in the area.

3 no. emails supporting the proposal have also been received.

6.3 Endon and Stanley Parish Council

Initial comments (24.04.2017)

Objection. At the February meeting of the Parish Council there was a considerable public representation (over 50 people) raising objections to the above. The objections covered the following:

1) The special qualities of the Conservation Area status and the significant harm to the visual amenity. 2) It will dominate the area significantly harming the protected view of the distant landscape. The suggested situation on the main road from Stoke on Trent to The Moorlands, because of the height of the mast, will make it highly visible to all coming into and/or leaving the village area. The Old Village has considerable historical significance, holding its annual Well Dressing event and welcoming visitors from all over the country and beyond. 3) There appears to have been no assessment of any site on higher ground particularly to the east and south west where the hills dominate the area. The use of this geographically low point, we believe makes the very tall mast necessary.

The Parish Council understands that technological progress means economic growth but the costs of the current proposal to the Historical Conservation area are too high. The Parish Council would welcome other proposals to facilitate this progress but the current one should be discounted because of the above reasons.

Further comments (23.05.2017)

Whilst the Parish Council do not object in principle to a radio base station and agree that there may be a need for this type of equipment in Endon the current site proposed is completely unacceptable and strongly object to the application and would like to add the following to their earlier objections:

1) No heritage statement has been provided with the application and therefore the effect on any heritage assets has not been assessed. Audley’s Moat is a village heritage asset and no consideration has been given to the appearance and setting of the column when viewed long distance across the Moat. 2) The column is in the Village Conservation Area and we do not consider this type of feature should be allowed to detract from the conservation area or its setting. 3) We are concerned that the photomontages do not accurately represent the height and therefore the visual impact of the column. A further independent photomontage should be commissioned to allow an accurate assessment of its impact to be made. 4) Concerned about our listed buildings and do not consider sufficient thought has been given to the setting of adjoining listed buildings, particularly at Hallwater and the Plough Inn, which are either side of the proposed site. 6.4 Conservation Officer comments

Original comments (02.05.2017)

Heritage Significance

The proposed site is just on the edge of the Endon Conservation Area. Reference to the character appraisal will show that views from the vicinity of Leek Road into the Conservation Area are important in helping define the character and appearance of the area. The hilltop setting of the settlement allows clear views in to and out of the Conservation Area as well as internal views across the pasture. The topography of the area means that the upper part of the pole would be visible from a relatively wide distance. The application site is also in close proximity to Hallwater and Hallwater Barn which are Grade II Listed Buildings. A detailed evaluation of the setting of these Listed Buildings has not been undertaken by the applicant. It is noted, however, that Hallwater does not overlook the application site.

Applicant’s Supporting Statement

The applicant’s supporting statement states that ‘due to the existing semi-mature tree belt/hedgerow and rising land in this location, views of the column will be very limited and will not be seen from the conservation area. As such, the proposed development will lead to less than substantial harm to the significance of the conservation area and the listed buildings within the area.’

It is not accepted that the column will not be seen from the Conservation Area. The applicant accepts that the development proposal will cause ‘les than substantial harm’. Section 72 (and Footnote 9 of para.14) creates a strong presumption in favour of the preservation of Conservation Areas and their setting and requires that considerable weight be given to the desirability of preservation even where harm is slight.

Assessment

Leek Road forms a defined edge to the Conservation Area and the phone mast will be viewed in conjunction with the busy carriageway and light columns (County Highways has advised that the light columns are 10-12 meters in height). Three Photomontages have been submitted to demonstrate views from along Leek Road. There is some doubt as to whether these are accurate as the pole height appears relatively low. These need to be revisited to show the true height of the mast and take account of the rising ground levels on the verge.

Subject to acceptable revised photomontages, I feel that the impact of the phone mast from Leek Road will be limited because of the existing infrastructure on the carriageway and the backdrop of semi-mature trees and high hedge which has the effect of severing views from the Conservation Area (although the visual impact would be much more pronounced if this planting was substantially reduced). Though the proposed monopole would be taller than the adjacent trees and light columns, it would nevertheless be viewed in combination with the trees and in the context of surrounding development including light columns. It would not be out of keeping with the area on this roadside.

A key view which has not been assessed is that from Park Lane which is required to assess the views highlighted in the character appraisal (across Leek Road with the hilltop setting of the settlement clearly in view) and views in conjunction with the Scheduled Monument. These more distant views are the critical ones and photomontages are required. I suspect that the phone mast will be conspicuous in these views.

I have walked around the area and haven’t picked up any other areas where views of the proposed mast could be significant and would be interested to hear if any other views are raised.

The effect of the proposed mast on the character and appearance of the Conservation Area and setting of the Listed Buildings must be carefully assessed. Section 72(1) of the 1990 Act requires that special attention is paid to the desirability of preserving or enhancing the character or appearance of the character or appearance of buildings or land within the Conservation Area. Section 66(1) creates a strong presumption in favour of the preservation of Listed Buildings and their setting and requires that considerable weight be given to the desirability of preservation.

I accept the applicants assessment that harm will occur and that it will be ‘less than substantial.‘ In accordance with the NPPF para.134 the harm needs to be weighed against the public benefits of the proposal.

Owing to the presence of ‘harm’ other less sensitive sites will need to be considered and discounted.

It is not possible to reach a conclusion until the photomontages have been revised to show an accurate height for the mast, that the verge has been properly assessed and views from Park Lane evaluated. It is also considered appropriate to request the following views to be assessed:

 The view upon Cauldon Canal Conservation Area  The vista from Endon Conservation Area to the more distant landscape  The view from all perspectives upon Audley’s Moat and its setting  The view to and from the nearest Listed Building.

Revised comments (01.06.2017)

Whilst I accept that there will be some harm to the setting of the Endon Conservation Area when viewed from Park Lane (across the Scheduled moated site) I would conclude that the harm is less than substantial (and on the lower end of that scale). Case law has confirmed that even slight harm triggers the strong presumption in favour of the preservation of Conservation Areas and we would need to be satisfied that this is the only location to serve its purpose. The next step is to weigh the proposal against its public benefits. 6.5 Conservation Liaison Panel

Expressed concern at the height of the mast and the impact it would have on views of the medieval hilltop settlement of Endon and views across the Scheduled Monument from Park Lane. Considered that the photomontages drastically underestimated the visual impact and not all sensitive viewpoints had been considered. Other sites should be considered.

6.6 Historic England

Historic England refer to Historic England Good Practice Advice in Planning Note 3 The setting of heritage assets 2015. Also suggest that the views of specialist conservation and archaeological advisers be sought, as relevant.

6.7 Tree Officer

The proposed antenna column would be installed/fixed by means of a “root” – effectively a pile of similar diameter to the above‐ground column, driven into the ground approximately 5 metres. The position of this would be outside any Root Protection Area (RPA) of shrubs and trees in the nearby hedgerow, and therefore would not cause significant harm to the roots of these plants. The 3 associated cabinets would each be mounted on a shallow concrete base pad the same dimensions as the respective cabinet’s footprints. The specific positions of these 3 structures are again outside the RPAs of the trees and shrubs, other than a slight encroachment into the RPA of an early‐mature Lime (denoted “Existing 8.0m high tree” on the applicant’s proposed site plan). However, this tree is anyway in severe decline and not suitable for long‐term retention. Therefore given suitable care and protection during construction, there would be no significant adverse impact on existing trees and hedges, and I have no objection to this application on these grounds subject to a condition requiring protective fencing and advisory notices for the protection of the trees.

In terms of visual impact, it is considered that the locations of the submitted photomontage viewpoints somewhat downplay the likely visual impact of the proposal. The photomontage images should perhaps show the proposal with more definition and solidity. In addition, the viewpoint location of photomontage 3 in particular seems rather to be looking from slightly “round the corner and behind the hedge/trees”. Additional views would be useful.

There is no doubt a valid argument to suggest that siting the proposal alongside a busy A‐road in a semi‐urbanised area but not immediately adjacent to residential properties, and where there are existing streetlighting columns of c.10m height present, would have lesser visual impact than either a less intensively developed rural position or one which would more directly affect individual properties. This is a difficult balance for both applicants and the local planning authority. However, given that the application site is actually within the Endon Conservation Area boundary, subject to technical/operational requirements has there been any consideration by the applicant of potential alternative sites not so directly relating to the Conservation Area?

7. OFFICER COMMENT

Compliance with The Town and Country Planning (General Permitted Development) (Amendment) Order Nov 2016

7.1 The proposal is found to conform to the criteria for consideration under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) Order 2016 which came into force on 24th November 2016 and it therefore represents permitted development subject to Condition A.3 of the Order, which requires a submission to the Local Planning Authority for “a determination as to whether the prior approval of the authority will be required as to the siting and appearance of the development”.

7.2 Consideration of this application is therefore confined to the siting and appearance of the development. As noted above, the applicant has submitted an ICNIRP Certificate which shows that the proposed installation will fully conform to ICNIRP public exposure guidelines. The NPPF is clear that local planning authorities should not question the need for the telecommunications system nor determine health safeguards if a proposed installation meets the guidelines published by the International Commission on Non-Ionising Radiation Protection (ICNIRP) for public exposure.

Siting and Appearance

7.3 Due to the location of the site within the Endon Conservation Area and proximity of Grade II Listed Buildings, Hallwater and Hallwater Barn, Cauldon Canal Conservation Area and a Scheduled Ancient Monument, it is considered that the application needs to be determined with regard to the impact on the setting of the listed buildings and Scheduled Ancient Monument together with the impact on the character and appearance of the conservation areas. In this respect, Policy DC2 of the Core Strategy and Chapter 12 of the NPPF are relevant. Policy DC2 states that the Council will safeguard and, where possible, enhance the historic environment and interests of acknowledged importance including listed buildings, the settings of designated assets and conservation areas.

7.4 Policy DC1 is also relevant. This policy requires all development to be well designed and to reinforce local distinctiveness by positively contributing to and complementing the special character and heritage of the area in line with the Council’s Design SPD.

7.5 The National Planning Policy Framework contains a clear expression of Government policy that advanced, high quality communications infrastructure is essential for sustainable economic growth and in this respect there is encouragement to local planning authorities to support the expansion of electronic communications networks, including telecommunications. 7.6 The design of the proposed streetworks slimline column has been chosen to resemble as closely as possible other linear items of street furniture on Leek Road, such as lighting columns. It is proposed to be located towards the back of the grass verge against the backdrop of a number of trees/hedgerow. The trees will provide some screening in views along Leek Road which will soften the impact on the street scene. The proposal is set away from the mainly residential part of Endon and is over 40m away from the nearest residential property. It is considered that the proposal will not appear out of place in this location given the other linear structures in the immediate area. A galvanized finish is proposed to the column in order to blend in with the existing lighting columns and road signage and this is considered to be appropriate.

7.7 The proposal is located within close proximity of Hallwater and Hallwater Barn, which are Grade II Listed Buildings. There are a number of trees between the listed buildings and the proposal which will mitigate the impact on the setting of the listed buildings. In terms of the impact on the Endon Conservation Area, the applicant argues that, due to the existing trees/hedgerow and rising land in this location, views of the proposed installation will be very limited from within the Conservation Area. The operator considered locating the proposal outside the Conservation Area on the other side of Leek Road. However, this would arguably have a greater impact on the character and appearance of the Conservation Area because of the lack of natural screening on the east side of Leek Road and the open aspect further east.

7.8 With regard to the Scheduled Ancient Monument of Audley’s Moat, this is located over 90m away from the application site at the nearest point. Historic England has not commented in relation to the impact on the setting of the Ancient Monument, Audley’s Moat, but has referred to their advice on the setting of heritage assets and suggests that the advice of the Council’s specialist conservation advisers be sought.

7.9 It is not accepted that the column will not be seen from the Conservation Area. However, the proposal will be viewed in conjunction with the busy carriageway and lighting columns, which County Highways advise are 10-12 metres in height. The Conservation Officer comments that there is some doubt as to the accuracy of the column height as shown on the submitted montages and the applicant was requested to provide revised photomontages. The Conservation Officer advised that the impact of the proposal from Leek Road will be limited as it will be seen in the context of existing infrastructure on the highway and the backdrop of semi-mature trees and hedgerow. The Conservation Officer requested additional photomontages from Park Lane and views in conjunction with the Ancient Monument, which have now been received. The applicant was also asked to assess views from other key vistas, including the view upon Cauldon Canal Conservation Area, from Endon Conservation Area to the more distant landscape, the view towards Audley’s Moat and its setting, and the views to and from Hallwater.

7.10 The applicant has now provided additional photomontages as requested by the Conservation Officer. These show visual representations of the proposal from the Ancient Monument, from the publically accessible location adjacent to the listed building and from wider vistas looking at the site in the context of the Conservation Area setting, including some distant views and views within the Conservation Area. In response to the additional photomontages, the Conservation Officer accepts that there will be some harm to the setting of the Endon Conservation Area when viewed from Park Lane (across the Scheduled moated site) but concludes that the harm is less than substantial (and on the lower end of that scale). The Conservation Officer advises that even slight harm triggers the strong presumption in favour of the preservation of conservation areas. It is necessary to consider whether this is the only location to serve its purpose and any harm must be weighed against its public benefits.

Alternative Sites

7.11 The operators’ site selection process identified a lack of suitable and available alternative sites to a site a telecommunications installation in this cell area. This is due to the residential nature of the area, the lack of footpaths, the lack of non- residential properties, the undulating topography and that a large part of the cell area is within the Conservation Area where there are several listed buildings. A number of alternative sites have been investigated but these have been discounted for technical reasons or because of perceived greater impact on visual amenity. Alternative sites considered include St Luke’s Church tower and Park Farm. With regard to siting the installation on the church tower, the applicant comments that this would have had to comprise a non-shrouded pole on the tower with bare antennas to have allowed the antennas the necessary tilt to send the signal into the target service area below, given the topography. Given this building is listed the applicant determined that this would be excessively harmful to the listed building and so discounted it in favour of the application proposal. Turning to the existing telecommunications site at Park Farm, the applicant comments that this site is too far away to provide the level of service that they require and it is too close to an existing site they already have which is servicing that general area – there is no benefit in having sites so close together. The operators have compromised on coverage and are proposing to site the installation on the edge of the search area.

7.12 Having regarding to the above comments, therefore, it is considered that the applicant has carried out an appropriate evaluation of alternative sites in accordance with Paragraph 45 of the NPPF, including the possibility of erecting antennas on existing buildings.

7.13 Paragraph 134 of the NPPF applies in this case. This states that “Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal…” The existing coverage plot shows the 2G, 3G and 4G service provision in and around Endon is poor at the moment. The majority of Endon has little to no indoor 3G and 4G coverage. Given the proposal will lead to less than substantial harm to the significance of the designated heritage assets, and taking into account that the applicant has carried out an appropriate evaluation of alternative sites, it is appropriate to conclude that the benefits of providing high quality 2G, 3G and 4G coverage to Endon, outweigh the less than substantial harm to the Conservation Area and other designated heritage assets. The siting and appearance of the proposal are therefore found to be acceptable. 8. CONCLUSION AND PLANNING BALANCE

8.1 The proposal complies with Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) Order 2016 and is therefore permitted development subject to a determination by the Council as to whether it wishes to consider the siting and appearance of the development. In this case, given the sensitive location of the site and potential impact on the Conservation Area, it is considered that Prior Approval is required for the siting and design.

8.2 Having given the submitted details due consideration, it is concluded that the siting and appearance of the development are acceptable and that the harm to the Conservation Area and other designated heritage assets represents less than substantial harm in the context of Para 134 of the NPPF. Such harm is outweighed by the social and economic benefits of improved network coverage for local businesses and residents. As such the proposed development complies with the relevant development plan policies and chapters of the NPPF. In accordance with Paragraph 14 of the Framework, the application is recommended for approval.

9. RECOMMENDATION

A. Prior Approval is required and granted, subject to the following conditions:

1. The development must be carried out in accordance with the details submitted with the application and within a period of five years from the date of this decision.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Dwg Nos. 100 Rev A, 201 Rev A, 301 Rev B and 400 Rev A.

3. Before the commencement of development, temporary protective fencing and advisory notices for the protection of the existing trees to be retained shall be erected in accordance with guidance in British Standard 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations, and shall be retained in position for the duration of the period that development takes place, unless otherwise agreed by the Local Planning Authority. Within the fenced areas there shall be no excavation, changes in ground levels, installation of underground services, provision of hard surfacing, passage of vehicles, storage of materials, equipment or site huts, tipping of chemicals, waste or cement, or lighting of fires unless otherwise agreed by the Local Planning Authority.

4. The telecommunications equipment hereby approved shall be removed within six months of the date upon which the requirement for it to be used for electronic communication purposes ceases. The land shall be restored to its condition before the development took place within three months of the removal of that equipment.

Informatives 1. This is considered to be a sustainable form of development and so complies with the provisions of the National Planning Policy Framework, 5; Supporting high quality communications infrastructure.

B. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Operations Manager - Development Services has delegated authority to do so in consultation with the Chairman of the Planning Applications Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.