Hartley-Kent

Proposed Telephone Mast at Downs Valley, Hartley

Second Application
Commenting on Planning Applns
First Application
Planning Law on Masts
 

Click here to see FHC objection letter to this application.

Click here for general advice on commenting on planning applications, and notes on the planning law relating to masts.

Second Application

Appln Number SE/02/02261
Applicant Orange PCS Limited
Agent Synergy Planning & Property Consultants
Delta House, Laser Quay, Medway City Estate
Rochester ME2 4HU
Date 1 October 2002
Certificate B Notice
served on owners?
Yes
Application Details A 27m (90 feet) telephone mast in the form of a fake steel Scots Pine tree. To include 2 dishes and 3 antenna (with expansion slots for 9 more). Mast to be sited in woodland in 12 m (40 feet) square compound (1,600 square feet). Compound to have 2.1m (7 ft) high fence. A 10 foot wide gravel access road would be built from Downs Valley.
Applicant's Statement in Support Virtually no justification is given other than that they say they need to create extra cells in this area because "there is currently inadequate provision of Orange service in this area". The only other site they considered was the Hartley Country Club (OS ref 600 676), but the "site provider withdrew". Their choice of Scots Pine was "an attempt to address local concerns over the visual impact of a conventional structure".
Result Refused:

"1. The proposed installation, by reason of its siting and design would be seen as a visual intrusion in this rural location within the Green Belt and be detrimental to the character, appearence and openness of the locality. The Council is not satisfied that overriding very special circumstances have been demonstrated for the siting proposed and the proposal would be contrary to policies EN1, EN29, and GB4 of the Sevenoaks District Local Plan and policies ENV1, MGB3, and RS1 of the Kent Structure Plan.

2. The proposed installation, due to the visibility from nearby residential properties, would detract from the residential amenities of the area as supported by policy EN1 of the Sevenoaks District Local Plan"

3. The proposed development is within an area subject to tree preservation order TPO/74/03 and would require some clearing of vegetation to accommodate the proposed compound, this would be to the detriment of the interests of nature and habitat conservation, and contrary to policies EN1, EN11, and EN12A of the Sevenoaks District Local Plan and policies ENV1 and ENV2 of the Kent Structure Plan."

447 letters of objection were received and also a 21 signature petition. There were none in favour. Letters were received from Dr Stoate (local MP), and Councillor Glover our district councillor.

First Application

Appln Number SE/02/01401
Applicant Orange PCS Limited
Agent Synergy Planning & Property Consultants
Delta House, Laser Quay, Medway City Estate
Rochester ME2 4HU
Date 31 May 2002, later adjusted to 3 July 2002 because Certificate B notice incorrectly served
Certificate B Notice served on owners? Yes (eventually)
Application Details A 25m (80 feet) telephone lattice tower mast. To include 4dishes and 6 antenna (with expansion slots for 6 more). Mast to be sited in woodland in 12 m (40 feet) square compound (1,600 square feet). Compound to have 2.1m (7 ft) high fence. A 10 foot wide gravel access road would be built from Downs Valley.
Applicant's Statement in Support They say it will be centrally located in "an area of coverage deficiency" to link with Macrocells in Fawkham Green and Longfield and microcell in Ash Road. They say the design was chosen to "minimise environmental impact".

Their pre-submission consultations revealed that the public and local school was opposed. They argue that the mast would be in conformity with local planning policies.

Result The application received 360 letters of objection and a 341 signature petion against. Not one person wrote in favour. It was also opposed by Councillor Glover (the local member) and Dr Stoate, our MP, as well as by Hartley and Fawkham Parish Councils.

The application was refused by the council on these grounds:

"1. The proposed installation, by reason of its siting and design would be seen as a visual intrusion in this rural location within the Green Belt and be detrimental to the character, appearence and openness of the locality. The Council is not satisfied that overriding very special circumstances have been demonstrated for the siting proposed and the proposal would be contrary to policies EN1, EN29, and GB4 of the Sevenoaks District Local Plan and policies ENV1, MGB3, and RS1 of the Kent Structure Plan.

2. The proposed installation, due to the visibility from nearby residential properties, would detract from the residential amenities of the area and the rural, undeveloped character of the locality."

Details of the policies referred to are:

EN1 Proposals for all forms of development and land use must comply with the policies set out in this Plan, unless there are overriding material considerations. The following criteria will be applied in the consideration of planning applications;

1) The form of the proposed development, including any buildings or extensions, should be compatible in terms of scale, height, density and site coverage with other buildings in the locality. The design should be in harmony with adjoining buildings and incorporate materials and landscaping of a high standard.

2) The layout of the proposed development respects the topography of the site, retain important features including trees, hedgerows and shrubs, and enhance any established water courses or ponds. New landscaping and boundary treatment will be required in appropriate cases.

3) The proposed development including any changes of use does not have an adverse impact on the privacy and amenities of a locality by reason of form, scale, height, outlook, noise or light intrusion or activity levels including vehicular or pedestrian movements.

4) The proposed development does not result in the loss of important buildings or related spaces. Tandem development will not be permitted.

5) The proposed development ensures a satisfactory environment for future occupants, including adequate provision for daylight, sunlight, privacy, garden space, storage and landscaped amenity areas.

6) The proposed development ensures satisfactory means of access for vehicles and pedestrians and provides parking facilities in accordance with the Council's approved standards.

7) The proposed development provides appropriate facilities for those with disabilities.

8) The design of new buildings and the layout of spaces, including footways and car parking areas, incorporates measures to deter crime.

9) The proposed development meets the requirements of statutory undertakers and service providers.

10) The proposed development does not create unacceptable traffic conditions on the surrounding road network and is located to reduce where possible the need to travel.

11) The development is planned and designed so as to have regard to water and energy conservation and to avoid or minimise pollution.

12) The application is accompanied where appropriate by a planning statement describing the environmental and physical impact of a proposal on a locality and any measures that will be undertaken to mitigate the impact.

Requests for statements under Criterion 12) will not exceed the requirements of the Environmental Assessment Regulations.

EN29 Proposals for telecommunications developments including masts and other structures within or affecting Areas of Outstanding Natural Beauty, Special Landscape Areas, Areas of Local Landscape Importance and Conservation Areas . will only be permitted if the Local Planning Authority is satisfied that:

1) There are no other less obtrusive and suitable sites available for the required development;

2) There is no less obtrusive and suitable possibility of securing the required development by mast sharing or use of an existing structure; and

3) The proposals will not result in the loss of mature trees from the site.

Any development should be sited and designed so as to minimise its visual impact having regard to technical and operational considerations.

GB4 Any development approved within or conspicuous from the Green Belt must be sited, designed and use materials which maintain the open character of the area, avoid detriment to visual amenity and minimise potential harm.