An Bord Pleanála Inspector’s Report 1. APPEAL DETAILS : (1) An Bord Pleanala Ref. No.: PL20.235858 (2) Planning Authority: Roscommon Co. Co. (3) Planning Authority Reference No.: P09/310 (4) Applicant: Hutchinson 3G Ireland Ltd. (5) Nature of the Application: Permission (6) Planning Authority’s Decision: Refusal (7) Location: Coillte, Oakport Demesne, Cootehall, Co. Roscommon (8) Description of Development: Erection of antenna support structure with 3no. panel antennas, 4no. dishes, assoc. equipment, fencing and all assoc. site works (9) Appeal Type: 1st Party (vs. Refusal) (10) Appellant: Hutchinson 3G Ireland Ltd. (11) Observers: None (12) Date of Site Inspection: 21 st May 2010 (13) Inspector: Leslie Howard PL20.235858 An Bord Pleanála Page 1 of 37 2. SITE CONTEXT AND DEVELOPMENT DETAILS / DESCRIPTION: (1) Site Location and Description: The application site, stated as 0.015ha, is located at Coillte Oakport Demesne, Cootehall, Co. Roscommon (see copy of the regional locality map attached). Specifically, the site is located on slightly elevated Coillte lands, approx. 1km due NW and across Oakport Lough from Cootehall Village, and 2km due SE from Knockvicar Village. Located approx. 50m from the NW shoreline of Oakport Lough, the site is proximate to the Shannon system navigation waterway, where the Boyle River drains from Lough Key into Oakport Lough. The immediate contextual land use as of maturing forestry. Oakport House is located nearby to the W. Access to the site is via a private Coillte forestry access track, which has its junction onto the R285 (between the N4 and Knockvicar Village) approx. 1.75km to the W of the site. The primary and predominant land use in the area surrounding the Coillte forestry lands is agricultural, and excepting for Oakport House, characterised with what appear as low density single farm homesteads. At the time of physical inspection, waterbased traffic movement across Oakport Lough in front of the site was noticeable (see attached photographs taken at the time of physical inspection). (2) Description of the Proposed Development: Application was made by Hutchison 3G Ireland Ltd (c/o Tracey Coles, BT Communications) for permission for development advertised as - “the erection of a 30m high antenna support structure with 3no. panel antennas & 4no. dishes attached together with equipment cabinets, other associated equipment, fencing and associated site works … forming part of the National Broadband Scheme (NBS)”, all at Coillte Oakport Demesne, Cootehall, Co. Roscommon (see series of Plans, Elevations & Sections Drawings and assoc. documentation, prepared by Threefold, received by the Planning Authority date PL20.235858 An Bord Pleanála Page 2 of 37 stamped the 02 nd June 2009, & as F.I. & C.F.I. on the 06 th Aug. & 16th Nov. 2009 respectively – attached on file). 3. PLANNING CONTEXT: (1) Roscommon Co. Dev. Plan (2008 - 2014): Relevant provisions include (see copy of relevant extracts attached) – S.3.12 Infrastructure – Telecommunications S.12.29 Dev. Management Guidelines & Standards – Telecommunications (2) Lough Key Local Area Plan (2009-2015): Relevant provisions include (see copy of relevant extracts attached) – S.4.9 Telecommunications 4.9.1 Broadband 4.9.2 Mobile Phone Network Dev. 4.9.3 Telecommunications Strategy Policies re. Telecomms. Infrastructure Policies 44 to 50 Objectives re. Telecomms. Infrastructure Objectives 39 to 46 S.5.4 Future Economic Strategy “The rollout of high quality broadband telecommunications infrastructure and services including areas of lower population density is vital and RCC will continue to prioritise its delivery to all parts of the County ...” S.6.2 Natural Heritage S.6.2.5 Trees & Woodlands Contribute to the landscape and visual amenity; S.6.2.8 Inland Waters Policies re. Inland Waterways Policy 86 Required regard to the recommendations set out in the suite of ‘Waterways Corridor Studies’ 2004 & 2005 PL20.235858 An Bord Pleanála Page 3 of 37 Objectives re. Inland Waterways Objective 98 “maintain and preserve the aesthetic value of inland waterways and the waterway corridors, ...from the impacts of dispersed and highly visible development...” S.6.3 Landscape Character Assessment Key Characteristics of Lough Key & Boyle River Network “The overall image of this landscape is one of an extensive organically shaped Lakeland fringed by broadleaf forest”; Landscape Value • “The Lough Key & Boyle River Network character area is of Exceptional Value; • “Without doubt it is one of the most scenic areas in Co. Roscommon and is of national repute; Table - Landscape Character Assessment Character Area Landform Landcover Value Sensitivity CH60 Special S.9.3.2 Land Use Zoning Objectives & Matrix 2. Gen. Conservation Policy “Developments will not be allowed in a higher order conservation zone where it is possible in a lower order zone, or outside the study area”; 3. Land Use Zoning Objectives Zone 1 • These lands are the most sensitive to development; • “Generally no development, other than the refurbishment of existing structures, the development of jetties or moorings associated with an existing tourism establishment or development associated with agriculture, should be acceptable in this zone”; PL20.235858 An Bord Pleanála Page 4 of 37 • “…recommended that all lands within this zone be considered for designation as ‘Landscape Conservation Areas, as defined in Sect.13 of the 200 Planning and Dev. Act”; • Dev. proposals “must be accompanied by a Visual Impact Assessment”, which “should pay particular regard to the visual impact of the proposed development from the lake, surrounding lakeshore…”; Zone 1A • “…largely consist of woodlands fringing the lake, and are particularly vulnerable to change”; • “Permissible dev. should be limited to the categories of dev. Listed opposite and subject to strict design controls”; Table - Zoning Matrix Acceptable Proposed Min. land Min. site Visual Conformity Sewage Dev. Landscape holding w’in size Impact with design treatment Conservation 500m of site Assess’t guidelines requirements Area required required Zone 1A Refurbishment Yes n/a 0.2ha Yes DoE - Treatment of existing Conservation systems for structures only Guidelines single house (EPA) S.9.8 Overall Strategy for Dev. In the LAP Area • Primary Aim – provide for economic & social dev. whilst ensuring natural environment is not unduly compromised; • Main Strategic Aims incl. – – conserve and enhance the quality of the environment; – conserve the natural heritage of the area; PL20.235858 An Bord Pleanála Page 5 of 37 S.10.27 Dev. Manag’t Guidelines & Std’s - Telecommunications Amongst others required compliance with the following – • indicate what other sites or locations were considered; • telecoms installations not favoured on land where development may be restricted or prevented for amenity reasons; • location so as to minimise any negative visual intrusion on the surrounding area, especially on landscapes of a sensitive nature; • proposals to mitigate visual impact; • demonstrated compliance with IRPA Guidelines (3) National Policy – D.o.E.’s Telecommunications, Antennae and Support Structures (Guidelines for Planning Authorities - 1996): The aim of these Guidelines is to provide relevant technical information in relation to installations, and to offer general guidance on planning issues so that the environmental impact is minimised and a consistent approach is adopted by the Planning Authorities in the preparation of Dev. Plans and in the operation of Development Control. These guidelines (dated 1996) require that the “operators of broadcast VHF and fixed radio link installations which support the mobile radio requirements of the emergency services, should where applicable, take cognisance of the Guidelines”. Chapt.4 Dev. Control and Telecommunications This Chapter outlines guidance for pre-planning discussions, design and siting, visual impact, access roads and poles, sharing facilities and clustering, health and safety aspects, obsolete structures and temporary permissions. S.4.2 Design & Siting Location will be substantially influenced by radio engineering factors S.4.3 Visual Impact PL20.235858 An Bord Pleanála Page 6 of 37 • Stressed as among the most important considerations; • Great care will have to be taken when dealing with fragile or sensitive landscapes; • Location in forestry plantations possible, provided antennae are clear of obstructions; • Emphasise principle of mast sharing and clustering; • In spite of precautions, some locations will remain visible; • Support structure should be kept to minimum height consistent with effective operation; S.4,4 Access Roads & Poles Can cause greater visual impact than installation itself; S.4.5 Sharing Facilities & Clustering • All applicants encouraged to share; • Where sharing mast not possible, applicant’s encouraged to co-locate on a site; • Clustering on elevated lands may not improve matters re. visual intrusion; • support structures used by emergency or other essential services are not suitable for sharing with public mobile telephone services. (4) Planning History of the Appeal Site and its environs: No planning history is apparent on the application site, or on nearby lands. PL20.235858 An Bord Pleanála Page 7 of 37 (5) Planning Authority Reports: (a) The Planning Officers final report dated the 09 th Dec. 2009 (subsequent to initial and interim planning reports - ‘undated’ respectively, and the applicant’s F.I. & C.F.I. response submissions dated 04 th Aug. & 12 th Nov. 2009 respectively – all copies flagged