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A decision made (30.11.07) to approve planning permission with conditions for the Waterfront Car Park, Marina Gardens, St. Helier.

Decision Reference: MD-PE-2007-0316
Decision Summary Title:	Waterfront Car Park, Marina Gardens, St Helier			Date of Decision Summary:	30 November 2007
Decision Summary Author:	Kelly Johnson			Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written and Oral			Person Giving Oral Report:	Kelly Johnson
Written Report Title:	Waterfront Car Park, Marina Gardens, St Helier			Date of Written Report:	19 November 2007
Written Report Author:	Kelly Johnson			Written Report : Public or Exempt?	Public
Subject: S/2007/2042 Waterfront Car Park, Marina Gardens, St Helier Remove existing installation. Replace existing lamp post to include 1 No. antennae at top.
Decision(s): The Minister decided to approve the application and agreed the conditions listed on the Officer’s Report.
Reason(s) for Decision: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.
Resource Implications: None
Action required: Issue permit and notify other interested parties.
Signature:		Dir Initials	Position: Assistant Minister
Date Signed:		CEO Initials	Date of Decision (If different from Date Signed): 30 November 2007

Waterfront Car Park, Marina Gardens, St. Helier - approval of planning permission

Planning and Environment Department

Report for Ministerial Meeting

Application Number

S/2007/2042

Site Address	Waterfront Car Park, Marina Gardens, St. Helier.

Applicant	Jersey Telecom

Description	Remove existing installation. Replace existing lamp post to include 1 No. antennae at top.

Type	Satellite Dishes/Comms Antenna

Date Validated	28/08/2007

Zones	Built-Up Area Waterfront Development Area

Policies	NR12 - Telecommunications

Summary/

Conclusion

The proposal is to add a small antenna to the top of one of the lamp posts currently lining Marina Gardens at the Waterfront.

This permanent site is to replace the existing installation temporarily installed at the WEB construction site.

The visual impact of this addition to the lamp post is minor and will not have a detrimental impact on the area.

(Worthwhile, when there is a conflicting balance of considerations, to play devil`s advocate, then give reasons for reaching recommendation.)

Officer

Recommendation

Approve with conditions

Site Description	The site is a street lamp post, one of a group which line the Marina Gardens at the Waterfront.

Relevant Planning History	S/2006/0844 Approval granted in July 2006 for 3no. antennae on the WEB portacabin and 1no. equipment cabinet. S/2007/2043 Pending retrospective application for the relocation of the antennae from the WEB portacabin.

Existing use of Land/Buildings	Streetworks/ Lamp Post

Proposed use of Land/Buildings	Telecommunications

Consultations	(Delete as appropriate and summarise comments wherever possible) H&SS in their letter dated 29 August 2007 confirm that the pre-commissioning details are below the international guidelines, being the ICNIRP Radio Frequency Public Exposure Guidelines. A post-commissioning test is required to ensure the actual emissions are in line with the estimated. Condition recommended to this effect. All consultations are attached with the background papers

Summary of Representations	No letters of representations were received.

Planning Issues	Policy Considerations (What are the presumptions) In accordance with NR12, telecommunications development will normally be permitted where: (i) siting and design will not unreasonably affect the character and amenity of the area; (ii) all practicable possibilities of sharing facilities have been fully explored and found to be unfeasible or unacceptable by the Minister; (iii) there would be no unacceptable impact on residential amenity; (iv) the proposal is in accordance with other principles and policies of the Plan. Siting and Design The proposal is to add a small antenna to the top of one of the lamp posts currently lining Marina Gardens at the Waterfront. The intention is to swap-out the existing lamp post with one that has the antennae on top. All cables will run inside the steel post. Once installed, the physical difference between the existing lamp post and the new one will be an increase in height at the top of the post. The visual impact of this height difference is considered minimal as the group of lamp posts which line Marina Gardens are not read together. That is, attention is given to the group of lamp posts as the spacing is far enough apart that attention is only given to individual posts. Thus, the visual impact of this addition to the lamp post is minor and is considered not to have a detrimental impact on the area. Site Sharing This permanent site is to replace the existing installation temporarily installed at the WEB construction site. The necessity of this proposal is to provide coverage to the Waterfront area. The co-location of installations on the Jersey Waterfront Hotel was investigated, however Jersey Telecom have advised that the purpose of this antennae is to gain coverage and capacity at ground level and thus antennae at a high level such as on the Hotel will not achieve that objective. Residential Amenity There will be limited impact to residential amenity from this installation. The nearest residential properties are 260 metres from the installation to the east and north. The visual impact is low and there are no other impacts to residential amenity such as traffic, noise, pollution, light, overbearing, overshadowing or overlooking. Other Policies of the Plan The proposal is in accordance with the other policies of the Island Plan.

Officer Recommendation	Approve

Conditions	1. The antennae, equipment cabinets, gantry trays, brackets, and all supports hereby approved shall be painted white and permanently maintained in that condition unless otherwise agreed to in writing by the Minister for Planning and Environment. 2. Notwithstanding the details on the approved plans, prior to development commencing, the engineering specifications of the lamp post to be constructed shall be submitted to and agreed in writing by the Minister for Planning and Environment. 3. The development hereby permitted is temporary and shall cease on or before 12 months from the date of this permit and the land restored to its former condition unless the post commissioning test is completed and the relevant measurements are in accordance with the ICNIRP certificate submitted, to the satisfaction of the Minister for Planning and Environment. 4. The permission hereby granted is for a temporary period of 12 months in the first instance. In the event that the Minister for Health and Social Services, during that 12 month period, should change his policy on the safety of telecommunication installations to the effect that they constitute a danger to the public nearby, the Minister for Planning and Environment will review the permission and may require the installation to be removed within a period of 3 months of the Minister for Health and Social Service’s change of policy. Should the Minister for Health and Social Service’s policy not change within 12 months, this permission will have permanent effect. 5. The development hereby permitted is temporary and shall cease on or before 12 months from the date of this permit and the land restored to its former condition unless a programme of ongoing monitoring of the installation is submitted to and approved in writing by the Minister for Planning and Environment. The scheme shall include monitoring in accordance with the ICNIRP certificate provided, appropriate independent testing at 12 monthly intervals for the duration of the operation of the installation, and shall be funded by the operator.

Reasons	1. In order to safeguard the visual amenities of the area. 2. In order to safeguard the visual amenities of the area. 3. To retain control over the development in order to protect the amenities of the surrounding area. 4. To protect the interests of the general public. 5. To protect the interests of the general public.

Background Papers	1:2500 Location Plan H&SS letter dated 29 August 2007 Photomontage (Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

Endorsed by:

Date: