Introduction
9.1 The basic physical necessities or infrastructure to sustain
a community (also referred to as utilities) include water supply,
surface water drainage and sewerage, as well as essential services
such as gas, electricity and telecommunications. The treatment
and disposal of sewage is considered in Chapter 10 Waste and
Minerals. Water supply is addressed in Chapter 13 Environmental
Protection. Roads and railways are also regarded as infrastructure,
although they are dealt with in Chapter 15 Transport and Accessibility.
9.2 There is, as yet, little Government guidance on the provision
of infrastructure in general, although PPG12 ‘Development
Plans’ (1999) advises that the requirements of the utilities
for land to meet the demands placed on them and their environmental
effects need to be considered (paragraph 6.14). These may extend
beyond a local authority’s boundaries. It also advises
that there is a need for a broad measure of phasing of development
to allow proper time to ensure that the provision of utilities
can be managed (paragraph 6.21).
9.3 Current Government guidance which relates specifically
to telecommunications is set out in PPG8 ‘Telecommunications’ (2001).
Whilst underlining the benefits and importance of the telecommunications
industry, PPG8 balances these considerations against the need
to protect visual amenity and to respect the character of Conservation
Areas and landscape policy areas (paragraphs 3 - 4 and Appendix).
PPG8 also provides advice about health considerations in making
planning decisions about telecommunications equipment, and explains
permitted development rights.
Strategic provision of infrastructure
9.4 Policy INS aims to establish a framework
which ensures the provision of a satisfactory and sustainable
infrastructure.
9.5 Although water supplies to Torbay have been improved with
the opening of the Roadford Reservoir, there is still an important
need to monitor provision carefully. Some areas may not be capable
of being serviced with a satisfactory water supply and in areas
of new development, off-site reinforcement of water mains may
be required. New development cannot take place unless it can
be connected to a satisfactory water supply system (see also Policy
EP10).
9.6 South West Water Services Ltd is implementing the
Torbay Marine Scheme as part of ‘Clean Sweep’. This
comprises a fully integrated waste water treatment works (commissioned
in 2002), together with a series of new pumping stations to provide
a new waste water treatment scheme for the whole of Torbay, in
compliance with EU regulations (see Chapter 10 Waste and Minerals).
9.7 It is important to ensure that new development does not
overload the existing infrastructure system. There is a legal
requirement under the Water Industry Act 1991 to provide water
supply and sewerage to new development. In certain large scale
developments, it will be necessary for the developers to enter
into legal agreements to ensure proper levels of infrastructure
provision and phasing. Separate surface water drainage facilities
will be required in such cases.
9.8 The new housing development at Scotts Bridge/Barton has
necessitated major infrastructural improvements, including a
new foul sewer to the Buckland sewage treatment works on the
River Teign and a flood control lagoon at Browns Bridge. Major
improvements to the surface water drainage to serve the proposed
new housing at Great Parks are required and the site of the former
Great Parks Lakes is identified as a location for flood relief
purposes in the Great Parks Planning Brief.
9.9 No major gas, electricity or communications supply problems
are anticipated during the Plan period, although off-site works
may be required in areas of major expansion. New developments
must have regard to existing infrastructure facilities, including,
for example, overhead power lines, which are addressed in Policy
IN2.
9.10 The provision of underground services falls within
permitted development rights and consequently is not covered
by Local Plan policy. However, a Code of Practice for operators
is set out in the Environmental Guide (see Section
12). Policies IN3 and IN4 provide
detailed guidance in relation to telecommunications developments.
INFRASTRUCTURE POLICIES AND PROPOSALS
INS Infrastructure strategy
Infrastructure for new development in Torbay
should be implemented in a sustainable manner. Proposals should
be consistent with safeguarding the area’s attractive environment
and ensuring that the amenities enjoyed by the community are
not adversely affected.
Explanation:
9.11 Government guidance (PPG12 ‘Development Plans’ (1999)
paragraphs 6.14 - 6.17) states that the capacity of existing
infrastructure and the provision of new facilities should be
taken into consideration in the preparation of new development
plans in order to provide linkage for development and infrastructure
requirements over a reasonable length of time (paragraph 6.15).
9.12 It is essential to the process of sustainable development
that a balance is provided between the provision of a proper
level of infrastructure and the protection of Torbay’s
environment, and the amenities enjoyed by the community. There
are links to the sustainable provision of infrastructure and
the various aspects of environmental protection such as the protection
of water resources (Policies EP9 - 10) and sustainable
drainage measures (Policy EP11).
9.13 Where development generates the need for new infrastructure,
development contributions may be required, as set out in Policy
CF6.
IN1 Water, drainage and sewerage infrastructure
Major new developments will require provision
for separate surface and foul drainage, or other appropriate
methods for disposal, including flood relief schemes where applicable,
and also satisfactory water supply.
Explanation:
9.14 The existing sewerage system serving most of Torbay
(except the Scotts Bridge/Barton area) was constructed to take
both foul sewage and surface water and it is already working
near capacity. Therefore any new development will have to provide
a separate system to take surface water to the existing natural
drainage system. In addition, developments should take into account
the possibility of flooding and make provisions safeguarding
against this, using sustainable drainage methods where possible
(see Policy EP11). Where these cannot be provided
for, it could constitute a reason for refusal of development.
9.15 Water is a finite resource. Despite recent improvements,
water supply capacity is still limited and schemes equivalent
to ten dwellings and above may require off-site reinforcement
of the water mains. Other localised areas, including tracts of
higher ground, may be incapable of being serviced satisfactorily
without major infrastructural works.
9.16 It is necessary to ensure that development schemes
are connected to adequate means of water supply, sewerage, sewage
disposal and surface water drainage at the outset. The provision
of water supply, sewerage and sewage disposal serving a development
is the developer’s responsibility under the Water Industry
Act 1991. Where there is an impact on wider infrastructure, developers
will be expected to enter into legal agreements to ensure the
satisfactory provision of these facilities, including the securing
of a phased development programme where appropriate.
9.17 Detailed guidance on developer contributions is given
in Policy CF6.
IN2 High voltage power lines
Development immediately underneath or adjacent
to overhead high voltage power lines will not be permitted where
this would adversely affect amenity.
Explanation:
9.18 Overhead power lines can be unsightly and adversely
affect the amenities of people living and working in their vicinity.
Locating high voltage power cables underground has many disadvantages,
although it can sometimes alleviate some of the amenity problems
noted above. Nevertheless, in view of the practical, technical
and cost disadvantages involved it is only likely to be appropriate
in exceptional circumstances. Careful line routing will often
be a more appropriate way of minimising the visual impact of
high voltage power lines. Where appropriate, the Council will
support undergrounding of cables so long as this does not adversely
affect ecological or archaeological resources.
9.19 The term ‘high voltage’ is taken to include
any power lines in excess of 132Kv. There have been a number
of studies on the link between high voltage power lines and health
risks. The most comprehensive recent report, the UK Childhood
Cancer Survey (UKCSS) (December 1999) found no association between
power lines and health risks. A more recent report, the advisory
group on non-ionising Radiation (AGNIR) on ELF Electromagnetic
Fields and the Risk of Cancer (January 2001) called for further
research into the effects of prolonged exposure to magnetic fields
on children. The Council will have regard to the advice of the
National Radiological Protection Board on these issues when determining
relevant planning applications.
IN3 Telecommunications
Proposals for further telecommunications
developments will be determined on the basis of the following
sequential test:-
(1) (a) locations identified on the Proposals
Map are the preferred sites. Existing masts at Great Hill, Torquay
(IN3.1) and Beacon Hill, Paignton (IN3.2) are identified as the
sites for masts to provide the major installations to meet the
principal needs of telecommunication operators servicing Torbay.
Subject to technical and physical limitations, these masts shall
accommodate antennae for all operators;
(b) it is recognised that supplementary facilities
will be necessary on other sites to meet operational requirements.
The preferred site for such facilities in Torquay is at Waldon
Point, St. Luke’s Road North, Torquay (IN3.3); and
(c) in Paignton, priority will be given to
proposals which use existing masts or buildings wherever this
is technically feasible. Existing masts, e.g. South Furzeham
Road (IN3.4) or the roofs or grounds of appropriate buildings
(e.g. Brixham Community College (IN3.5) are identified to meet
the supplementary needs of Brixham.
(2) Where the sites referred to above and indicated
on the Proposals Map are not suitable for technical reasons,
preference will be given to accommodating apparatus on a building
or an existing mast, subject to landscape, townscape and amenity
considerations.
(3) Proposals for further telecommunications
masts (whether requiring express planning permission or submitted
under prior approval procedures) will be permitted where:-
(a) Stages 1 (allocated sites) and 2 (existing
buildings or masts) above are not capable of providing a satisfactory
solution in technical or environmental terms;
(b) the impact of the proposed development
does not conflict with townscape, landscape and nature conservation
policies;
(c) the proposed development does not have
an unacceptable impact on adjoining residential properties;
in this respect the Council will have particular regard to
the elevation, height and design of the proposed development,
its proximity and relationship in terms of aspect of residential
property, and the density of the surrounding development;
(d) the development has been designed, having
regard to technical considerations, to present a satisfactory
external appearance in the context of its location and the
surrounding area; and
(e) existing landscape features have been
utilised and/or an appropriate landscaping scheme has been
prepared to minimise the impact of the development on the surrounding
area.
Explanation:
9.20 Telecommunications are accepted as an essential and
beneficial element in the life of the local community and in
the national economy. New technology is constantly being developed,
much of which may result in development of local or national
significance. The quality of life can be enriched through good
communications, which can benefit the environment through reducing
the need to travel and hence reduce pollution from vehicles.
9.21 The need to maintain a proper balance between making
provision for the needs of the telecommunications industry and
protection of high quality landscapes and quality in urban areas
from visual intrusion is set out in PPG8 ‘Telecommunications’ (2001)
(paragraphs 14 - 18 and 64 - 65).
9.22 In Torbay’s case, with its undulating topography
and high environmental quality, the balance advocated in PPG8
is a fine one. It has become apparent that many of the preferred
locations of system operators are likely to be in the areas of
high quality landscape, or would cause an unacceptable impact
on the amenities of residential areas. It has to be recognised
that the operators are obliged (under their licences) to provide
an adequate service for their subscribers. Technical requirements
determine the distribution of new towers or aerials and the closeness
of these cell centres. It also needs to be recognised that Torbay’s
attractive environment is an essential facet of the resort’s
tourism industry and is cited in surveys as the biggest single
reason why holidaymakers come to the area. Torbay’s environment
and its economic implications are therefore not typical of the
nation as a whole and the balance advocated in PPG8 needs to
be interpreted in the light of this important consideration.
9.23 The Local Plan therefore sets out a sequential approach
to site allocation in order to avoid a proliferation of masts
in the area, including those which may be proposed under the
prior approval procedure. The sites allocated in the Proposals
Map have been identified following careful consideration by the
Council in consultation with the code system operators. It is
recognised that some operators will also require ‘booster’ sites
and the policy also sets out criteria for these enhancer facilities.
This adopts a sequential approach of locating antennae firstly
on proposed sites. Where these are not suitable, existing masts
or buildings should be used if possible. Applicants will need
to satisfy the Council that they have explored the possibility
of erecting antennas on existing buildings, masts or other structures.
Applicants will be required to give an undertaking that they
will not unreasonably prevent the sharing of their masts. This
test will apply both to masts which require formal planning permission
and to those covered under prior approval procedures under Part
24 of the General Permitted Development Order 1995; although
control over these is limited to siting and design.
9.24 In addition to achieving a satisfactory location,
it is important to ensure that details of material, colour and
design are appropriate, including aspects such as landscaping
and re-grading to reduce the impact. The industry has, in recent
years, demonstrated innovative solutions to make equipment harmonise
with its surroundings. In addition to the design of equipment
itself, the necessity for any associated plant, vehicular access
etc. will also be a material consideration.
9.25 The establishment of telecommunications systems on
buildings in Conservation Areas is dealt with in Policy
BE5.
9.26 Work inside buildings using small external boxes,
such as micro systems, will be considered to be ‘de minimus’ works
not requiring planning permission, so long as they are coloured
to match the building and are not on listed buildings.
9.27 In 1999, the Government commissioned a report by
the Independent Expert Group on Mobile Phones (IEGMP), chaired
by Sir William Stewart, to investigate the possible health concerns
associated with telecommunications base stations. On the basis
of this report (May 2000) the current Government advice is as
follows: “If a proposed development meets the ICNIRP (International
Commission on Non-Ionizing Radiation Protection - 1998) guidelines
(as recommended by Stewart on a precautionary basis), it should
not be necessary for a planning authority, in processing the
application, to consider the health aspects further. Most existing
base stations already meet these guidelines and we expect all
new base stations to do so”. The Council will have regard
to this, and any subsequent guidance from the National Radiological
Protection Board and IEGMP, in determining applications.
IN4 Redundant telecommunications equipment
It will be a condition of any approval given
that any telecommunication aerials and ancillary buildings that
subsequently become redundant will be permanently removed from
the site and land be reinstated to its former condition or in
accordance with details to be previously agreed with the Council.
Explanation:
9.28 Telecommunications technology is rapidly changing.
It is critical to avoid a proliferation of masts in Torbay. The
removal of redundant masts will therefore be required as a condition
of planning approval.
9.29 Although the removal of surplus apparatus is sometimes
required by the Telecommunications Act 1984, it is felt that
conditions to remove redundant equipment satisfy the test of
reasonableness set out in Circular 11/95.
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