North York Moors National Park Authority. Director of Planning s Recommendation

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1 24 March 2011 List Number 8 North York Moors National Park Authority Ryedale District Parish: Hawnby App Num. NYM/2010/0910/FL Proposal: Location: Applicant: Erection of a 6 metre scaffold/telegraph pole, antennae, solar panel and wind generator to provide a community broadband internet facility Bilsdale Moor, Raisdale and Fangdale Beck LN Communications Ltd, fao: Mr Martyn Boswell, 10 Driffield Business Centre, Scotchburn Garth, Skerne Road, Driffield, East Yorkshire, YO25 6EF Date for Decision: 03 February 2011 Grid Ref: SE Approval subject to the following conditions: Director of Planning s Recommendation 1. TL03 Standard three year commencement date 2. AP03 Original plans amended by plans and letter received on 3. MIS0 If the mast is no longer required it shall be removed from the land within 12 months of the use ceasing. The land shall as far as is practicable be returned to its former condition before development took place within three months of the mast being removed, unless otherwise agreed in writing with the Local Planning Authority. 4. GA00 No construction work shall take place on site between 17 March and 15 July in any one calendar year unless the whole works takes 24 hours or less to complete. 5. MIS0 No development shall take place on site until the applicant has submitted, and had approval in writing by the Local Planning Authority, a written monitoring scheme to assess the impact of development over a three year period. The development shall be undertaken in complete accordance with the approved monitoring scheme. Reasons for Conditions 1. To ensure compliance with Sections 91 to 94 of the Town and Country Planning Act 1990 as amended. 2. For the avoidance of doubt and to ensure that the details of the development comply with the provisions of NYM Core Policy A and NYM Development Policy 3, which seek to conserve and enhance the special qualities of the NYM National Park. 3. In order to enable the Local Planning Authority to retain control over the scale of activity at the site and ensure compliance with NYM Core Policy A which seek to conserve and enhance the special qualities of the NYM National Park. 4 & 5. In order to comply with the provisions of NYM Core Policy C which seeks to ensure that nature conservation is safeguarded.

2 Quarry (disused) SSSI Wetherhouse Moor Moor Site L ti Track in Wetherhouse Beck Drain Bilsdale West Moor Moor Crown copyright. All rights reserved. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. North York Moors National Park Authority Drain Sand Pit (disused) Round Hill Drai North York Moors National Park Authority The Old Vicarage Bondgate Helmsley York YO62 5BP Tel: Application No: NYM/2010/0910/FL Scale: 1:2501

3 Page 2 List Number 8 Parish - Ward - Highways - Forest Enterprise - Consultations Natural England - Object to the application. Concerned that the proposal could directly and indirectly affect the populations of breeding birds in the area, through displacement or predation. Suggest the site be moved away from the Higher Level Stewardship Agreement Area. The guy ropes and mast must have pigeon (bird) deterrent spikes attached to prevent this feature becoming a vantage point being used as a predator perch. The applicant should undertake a three year monitoring program to assess the impact on the agreement area. Finally no works can take place between 17 March and mid July, ideally including August. Site Notice Expiry Date - 15 February 2011 Others - Victoria Forman Hardy, Carr House, Hawnby and John Mehta, Thwaites House, Chop Gate - Both support the application for the provision of broadband. Background Planning permission is sought for the erection of a 6 metre scaffold/telegraph pole, antennae, solar panel and wind generator to provide a community broadband internet facility. The proposed site is on Bilsdale Moor approximately 2km to the north west of Wethercote Farm and approximately 1.5km to the south of the Bilsdale Mast. The village of Hawnby lies 5km to the south of the site. The site lies just outside the boundary of the SSSI, SPA and the SAC, the only designation on the land is as a Higher Level Stewardship Agreement with Natural England. The site was specifically chosen for this designation because of its importance for the management of breeding birds, specifically waders. The mast measures 6 metres in height and consists of a 6 metre high pole supported by eight wire stays each being anchored 1.5 metres into the ground or concrete base. The pole would support a small wind turbine at the top measuring 850mm in blade diameter. Below this the network equipment will be housed in a box measuring 500mm by 450mm by 250mm, below this three sectionalised antennae and one receiving dish measuring 300mm in diameter will be placed. At 1.5 metres from the base a solar panel measuring 350mm by 800mm would be attached. The wind turbine and solar panel provide power to the two batteries in the mast. These batteries provide uninterrupted power meaning there is no digging of power cables or disruption to land or nearby services. The whole unit is to be painted moss green. The applicant has stated that pigeon (bird) deterrent spikes will be fitted to the mast to prevent the use of the mast by predators of the wading birds. It is hoped that Officers will be able to update members with these revised plans at the Meeting. Access to the site is from the existing moorland track. It is estimated that the mast will require approximately two visits per year for maintenance purposes. The mast will operate by receiving a signal from an existing antennae located at Gillamoor, the signal will then be broadcast in three directions towards Hawnby, Bilsdale and Snilesworth.

4 Page 3 List Number 8 Main Issues The relevant policy of the North York Moors Local Development Framework is Development Policy 25. The policy relates to telecommunications and states that the provision of infrastructure for telecommunications and information technology will be supported where it is of a scale and design appropriate to the National Park and helps meet the needs of the local community. Proposals for the erection of telecommunication masts, equipment and associated development will be permitted where there are no suitable alternative means of provision, there is no unacceptable impact on the locality or the wider landscape, the siting makes use of the least environmentally intrusive option available. The proposal is part of a co-ordinated long term strategy for the provision of telecommunications technology and provision is made for the removal of the equipment when it is redundant. The proposed mast is to be sited on the edge of Bilsdale Moor. The mast will provide broadband to the communities of Hawnby, The Bilsdale Valley and Snilesworth. It is estimated that the mast will enable 200 households and businesses to access broadband internet. The applicant has undertaken a site survey and the application site represents, in their opinion the best site to supply the maximum number of subscribers using the minimum amount of infrastructure and resulting in the minimum visual impact. The applicants advise that alternative means of broadband supply are not available or practical in this location. BT copper wire infrastructure only works to a distance of approximately 5km from an exchange. Some of the households which this proposal will serve are 15km from the nearest BT exchanges at Hawnby and Great Broughton. Satellite services exist but 1 metre diameter dishes would be needed in order for individual households and businesses to access. The applicant has also contacted the operators of Bilsdale Mast to investigate the option of mast sharing however the cost of this was not cost effective due to the suggested high yearly rental amount. Natural England have objected to the scheme and have raised concerns over the impact of the development on the breeding grounds of wading birds. They have suggested that the mast be relocated outside the Higher Level Stewardship Agreement Area and other measures to reduce the impact on the wading birds. The applicant has stated that a position outside the agreement area would be difficult to achieve due to the ground level, the ditch and the moorland track. This would also bring the location into a designated SSSI, SPA and SAC. The applicant has submitted several letters of support to accompany the application these include, Robert Stanton, on behalf of the Bilsdale Community Broadband Association and the Mexborough Estates. On balance Officers consider that the concerns of Natural England can be largely overcome, and that the location proposed represent the best comprise. It would be possible to relocate out of the Higher Level Stewardship Agreement Area into the SSSI/SAC/SPA area, however when balanced against the operational problem and minor nature of the proposal the micro re-location seems to offer little benefits if the predication issues can be resolved. The proposal therefore is considered to accord with Development Policy 25 of the North York Moors Local Development Framework. The mast is relatively small scale measuring 6 metres in height and is considered to be of a scale and design appropriate to the National Park and will also provide an improved broadband service to 200 residents of the National Park. The operator has looked at alternative sites and considered mast sharing however, the site proposed has the least environmental impact whilst maximising broadband provision. If the equipment is no longer required it will be fully removed from the site. Whilst the site remains within the Higher Level Stewardship Agreement Area, Officers consider that the anti predation measures proposed will go some way to address the concerns of Natural England. Officers of Natural England have also verbally advised that as the development could be installed in less than 24 hours the impact on the breeding season is unlikely to be a problem.

5 Page 4 List Number 8 Reason for Approval The proposed 6 metres mast complies with the provisions of Development Policy 25 of the NYM Local Development Framework. The mast is positioned in the least visually prominent location that will benefit the maximum numbers of users. The site is outside the SSSI, SAC and SPA designations and will enable 200 households within the National Park to have access to broadband. Approval is therefore recommended.