Case 3290604

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD

North Lincolnshire Council — appeal dismissed

Outcome
Dismissed
Decision date
16 May 2022
Authority
North Lincolnshire Council
Inspector
Walker R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
MBNL MBNL MBNL
Agent
WHP Telecoms
LPA reference
PA/2021/1743
ONS LPA code
E06000013
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 March 2022

Summary AI

The appeal was dismissed due to the proposed telecommunication mast's impact on the visual amenity of the area, particularly its potential to dominate and intrude upon the outlook of future residents of an adjacent housing scheme.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision Site visit made on 3 May 2022 by Mr R Walker BA HONS DIPTP MRTPI an Inspector appointed by the Secretary of State Decision date: 16 MAY 2022 Appeal Ref: APP/Y2003/W/22/3290604 Land off Mill Lane, Barrow upon Humber DN19 7BD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 16 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by MBNL against the decision of North Lincolnshire Council. • The application Ref PA/2021/1743, dated 23 September 2021, was refused by notice dated 20 December 2021. • The development proposed is proposed MBNL 20m monopole and associated ancillary works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (GPDO 2015), under Article 3(1) and Schedule 2, Part 16, Class A, Paragraph A.3(4) require the local planning authority to assess the proposed development solely on the basis of its siting and appearance, taking into account any representations received.

Page 1 · Chunk 1 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision My determination of this appeal has been made on the same basis. 3. The principle of development is established by the GPDO 2015 which does not require regard to be given to the development plan. I have had regard to the policies of the development plan and the National Planning Policy Framework (Framework) only in so far as they are a material consideration relevant to matters of siting and appearance. Main Issues 4. The main issues are: • the effect of the siting and appearance of the proposed installation on the amenity of the area with particular reference to the outlook of future occupiers of the adjacent approved residential development; and • if any harm would occur, whether this is outweighed by the need for the installation to be sited as proposed taking into account any suitable alternatives. Reasons 5. The appeal site forms part of an agricultural field located adjacent to a commercial site with outline planning permission for residential development. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/22/3290604 An existing monopole telecommunication mast is positioned nearby within the adjacent site and would be removed as part of the development. 6. The existing monopole has a slim profile and although a tall structure, it is positioned within the context of the commercial activity, open space and other tall vertical features including lighting and the rugby posts. The nearest residential properties are set beyond the commercial yard and in this regard the existing structure sits comfortably in its surroundings. 7. The proposed mast would be taller than the existing monopole and it would have a much greater bulk, particularly its upper portions, than the design of the existing mast and any of the other vertical features nearby. It would be positioned very close to the edge of the approved housing scheme. Although in outline stage, it is nonetheless an extant consent and I have no substantive details regarding the layout of the scheme. Even so, given the height and width of the mast in such close proximity to the site boundary it would be a dominant and intrusive feature from a large portion of the south western area of the housing site. 8.

Page 2 · Chunk 3 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision Telecommunication masts are common features in urban environments and the associated ancillary works would have a low height and would not harm the outlook of the future occupiers. However, in this particular location, in such close proximity to the housing site I cannot be satisfied that the proposal would not harm the visual amenity of the area with particular reference to the outlook of future occupiers of the adjacent approved residential development. 9. I have been provided with details of the sequential approach to site selection, including other street locations considered and discounted. However, the extent and detail of this evidence provided is very brief. Moreover, the Council have identified an alternative location at the adjacent sports/playing fields that would position the telecommunication equipment away from residential properties and have a potentially similar relationship to the existing town. Even though this was suggested by the Council during the application process, rather than any pre-application process, there is no substantive evidence before me why such a location is not feasible or has been discounted. 10.

Page 2 · Chunk 4 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision To this extent, I do not find the search and assessment of alternative sites to be sufficiently robust. As such, I am not satisfied that the harm I have identified is outweighed by the need for the installation to be sited as proposed in such close proximity to the approved residential site. 11. I recognise that the appellant has reduced the height of the mast from an earlier application. However, I am required to assess the proposal on its own merits when considering matters of siting and appearance. As such, this does not alter my findings in relation to the positioning of the proposal in this particular location. 12. The government is committed to supporting the deployment of next-generation mobile infrastructure and this is generally reflected in the Framework. In this regard, whilst I acknowledge the references made to various social and economic benefits, these have not been taken into account in considering matters of siting and appearance. 13. I have no reason to question the appellants evidence regarding the need for improvements in the area, pre-application engagement or accordance with the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/22/3290604 International Commission on NonIonizing Radiation Protection standards. Moreover, no other harms have been identified from the siting and appearance of the proposal. However, the absence of harm in relation to these matters does not alter my findings in relation to the siting and appearance in this location. 14. To conclude, the siting and appearance of the proposed installation would have a harmful effect on the amenity of the area with particular reference to the outlook of future occupiers of the adjacent approved residential development. Moreover, it has not been demonstrated that this harm is outweighed by the need for the installation to be sited as proposed taking into account any suitable alternatives. Conclusion 15. For the reasons given above, the appeal is dismissed.

Page 3 · Chunk 6 Mr R Walker

Land off Mill Lane, Barrow upon Humber , North Lincolnshire, DN19 7BD — North Lincolnshire Council — Mr R Walker INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶7

The proposed mast would be a dominant and intrusive feature from a large portion of the south western area of the housing site.

Living conditions
Against appellant
¶8

The mast's height and width in close proximity to the housing site would be a dominant and intrusive feature.

Living conditions
Against appellant
¶10

The search and assessment of alternative sites to the proposed location was not sufficiently robust.

Living conditions
Against appellant
¶14

The siting and appearance of the proposed installation would have a harmful effect on the amenity of the area.

Policies relied on

Reference Weight
NPPF 208
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 16 May 2022 under the Open Government Licence.