[UK-CONTEST] MOBILE TOWER

Rob Harrison robharrison at g8hgn.freeserve.co.uk
Sun Feb 14 10:27:04 PST 2010


Hi all,

My daughter is a planning officer, so have a little insight into the 
workings of the system. Yes there are regulations, and guidelines. The 
guidelines seem to be the problem, as what one authority will allow, another 
will not. Every case is different, site, size of antenna, visual impact, 
etc,etc. I think two of the posts confirm this in that one was granted 
permission, and the other not, for seemingly similar situations.

The planning officers make the recommendation, but it's the planning 
committee that make the decision. One group are professionals, the other are 
councilors, though not necessarily any less professional, but have often 
differing view points.

Don't give up, seek approval of neighbors, consult with the planning 
officers, and use the RSGB help available. Usually some kind of favorable 
outcome is forthcoming, but it can take time to achieve.

73

Bob G8HGN

----- Original Message ----- 
From: "John Lemay" <john at carltonhouse.eclipse.co.uk>
To: "'Roger'" <rogerg4oco at rogerg4oco.plus.com>
Cc: <uk-contest at contesting.com>
Sent: Sunday, February 14, 2010 6:08 PM
Subject: Re: [UK-CONTEST] MOBILE TOWER


>
> Gentlemen
>
> Nick said "Without trying to confuse things" ...........
>
> I think it is the planning authorities that are confused. I believe that
> there are national regulations and guidelines on such matters, but some
> issues of detail are left to the County Council / District Council / 
> Unitary
> Authority etc.
>
> In addition, there are likely to be different constraints if :-
>
> You live in a conservation area
> You live in a listed building
> You live in an Area of Outstanding Natural Beauty / National Park etc
> Your mast would affect the setting of the above, even if you live outside.
>
> An early discussion with your local planning officer is usually a good 
> step.
> Unless that is, you wish to remain under their radar !
>
> Regards
>
> John G4ZTR
>
>
> -----Original Message-----
> From: uk-contest-bounces at contesting.com
> [mailto:uk-contest-bounces at contesting.com] On Behalf Of Roger
> Sent: 14 February 2010 17:05
> Cc: uk-contest at contesting.com
> Subject: Re: [UK-CONTEST] MOBILE TOWER
>
> Nick
>
> Without trying to confuse things, a local amateur tried the mobile tower
> system to beat the planning laws and he fell foul of the regulations. He
> had a 20mtr beam on top of a mobile tower, occasionally swapping the
> antenna for vhf beams, depending if there was a contest on. The local
> planning department became involved and he was asked to take them down,
> as the tower was in one place longer that 28 days, he stores two towers
> on his property and is involved in discussions about storing these
> towers in a residential area, he has not told me what the latest is
> about storing towers, if a antenna is higher that 2mtrs (he lives in a
> bungalow) he receives a letter from the planning department to take it
> down.
> So the moral of the story is you will be lucky if you can store mobile
> towers in a residential area, trying to circumvent the planning rules by
> using mobile towers, you then trip the 28 day rule and finally no
> structure larger than 2mtrs to top of antenna from the ground.
>
> Hope it throws some light on the subject and I have not confused anybody.
>
> Roger G4OCO
> Nick Totterdell wrote:
>> Erik
>>
>> This is an interesting question and the answer is not clear. What is 
>> clear
>> however is that to "get away with it" using a mobile tower, it has to be
>> erected within the domestic curtilage of the property in question (in the
>> garden). In an adjacent paddock, say, you can erect whatever you like, as
>> long as the equipment is only there for 28 days per calendar year. I put
> the
>> "tower in the garden" question to the planning officer in Lincolnshire as
>> worded below and his answer follows.
>>
>> Is planning consent required for the storage and/or erection of one or
> more
>> mobile towers within the residential curtilage of the cottage?
>>
>> Response: Freestanding aerials within domestic curtilages of dwellings 
>> may
>> be covered by the uses incidental to the enjoyment provision such as 
>> cases
>> where aerials are mounted on trailers and brought into a garden when
> needed.
>> It can be the case that mobility and lack of attachment to the ground
> meant
>> that operations were not involved and therefore not permitted.  However,
> in
>> considering the matter of whether the use is incidental to the enjoyment
> of
>> the dwelling house it could be argued that a material change of use has
>> occurred if the mast or masts were of a type supplied for commercial and
>> professional use and would present the appearance of specialised 
>> technical
>> equipment. It would be a primary use of land in its own right. In 
>> addition
>> if there are 4 mobile structures stored on the site it could be argued
> that
>> this is beyond what can be considered as incidental and that a mixed use
> is
>> occurring comprising of a dwelling and storage of radio aerials.
>>
>> If you can understand this then you are doing well! I think the bit about
>> "operations" means that connecting up an aerial could be argued to give
> the
>> tower of degree of permanence and therefore not be permitted!
>>
>> 73 Nick G4FAL
>>
>>
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>>
>
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