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Applicant: Manx Telecom Ltd Proposal Installation of 12 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Claughbane Estate Ramsey IM8 2BH Case Officer : Jason Singleton Photo Taken: 15.05.2024 Site Visit: 15.05.2024 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 18.06.2024 Conditions - 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. - 2. Unless otherwise approved in writing by the Department, any telecommunications cabinet, mounted equipment or wooden telegraph poles must be removed from the land on which it is situated, within 6 months of it no longer being required for telecommunications purposes, and such land must be restored to its condition before the development took place, so far as is practicable. Reason: To ensure that any redundant infrastructure is removed and to comply with Strategic Plan Infrastructure Policy 3. Reason for approval On balance it is concluded that the benefits of providing the required improvements in broadband connectivity to increase network coverage are considered to outweigh the very limited visual harm and the level of objection resulting from the proposed development. Greater material weight is attributed to the context of the Government's ambition in the Island Plan to improve public infrastructure in line with the National Telecommunications Strategy and its National Broadband Plan. It is considered that the proposal would not create any visual harm or deleterious intrusion into the streetscene and would conform to those parts of Strategic Policy 1,4b, Spatial Policy 2, General Policy 2(b,c,g,i,m) Environment Policy 22 and Infrastructure Policy 3.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
No's 57, 52, 48, 58, 33, 40, 27, 47, 41, 50, 27, 51, 38, 53, 56, 46, 54, 30, 37, 39, 45, 60, 49, 31, 38, 44, 43, 49 Claughbane Drive
No's 17, 21 Claughbane Avenue No's 12, 14 Barrule Park
THIS APPLICATION HAS BEEN REFERRED TO THE COMMITTEE AS THE LOCAL AUTHORITY OBJECT, THERE ARE MORE THAN 4 OBJECTIONS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.1 The application site is identified in red relates to the pavements of Claughbane Estate, Ramsey. The site sits within a wider residential estate and is broadly formed in a straight road off Parliament Square leading into Brookfield Avenue and then becomes Claughbane Drive and continues south up to the top with dwellings either side of the highway and a series of cul-desacs feeding off. To the west is Claughbane Avenue which links Claughbane Drive to Fairway Drive. This site is broadly located to the south of Ramsey toward the southern edge of the Ramsey Town plan boundary. - 1.2 The dwellings here are a mixture of traditional bungalows and some chalet bungalows with accommodation in the roof space (via dormers or gable windows) giving a higher ridge height. Properties are generally set back from the edge of the pavement with the front apron to the properties being used for car parking and landscaped front gardens with some soft and hard landscaping. Some properties have mature trees, hedges fronting to the pavement with various boundary treatments. - 1.3 The pavements vary in width and connect all the properties in the wider estate and finished with tarmacadam with dropped kerbs to each residential property. THE PROPOSAL
2.1 Planning permission is being sought for the installation of TWELVE x 9m tall wooden telegraph poles with associated overhead network cables for the provision of fibre broadband internet. From each of these poles would be a series of network cables that would criss-cross out to the respective properties for the provision of "Ultra Fast Fibre Broadband". The timber poles would measure a diameter ranging from 250mm-300mm and would project between 7m7.5m above the ground level with 1.5-2m below ground. The posts are installed via an auger at a width of 400mm-600mm. - 2.2 The poles would be located within the public footpath adjacent to the boundary and on the divide between the following properties in Claughbane Drive, namely;
2.3 The applicant 'Manx Telecom' notes; "Installation of the telegraph pole will allow the premises to become "Passed" and allow property owners to place orders with their chosen service provider. Overhead wires that are required to span between poles are referred to as network cables and these will be installed at the same time as the telegraph poles. Once a property owner has placed an order with their chosen service provider, a Drop cable will then be installed between the serving pole and the property, in agreement with the property owner. This would now become a property "Connected" ". - 2.4 Premises eligible to be connected (38 properties) to the new telegraph pole are properties referenced ; 17, 19, 21, 27, Claughbane Avenue 29 -58, 60 & 62 CLaughbane Drive 12 & 14 Barrule Park
3.1 The application site has not been subject to any relevant planning history considered pertinent in this instance.
3.2 Of note are similar applications referenced;
4.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the (Ramsey Local Plan) Order 1998, Map No.2 South. Within the written statement accompanying the plan, the statement is silent on telecoms and their inherent infrastructure.
4.2 The site is not within a designated Conservation Area or within an area identified as being
4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; Strategic Policy
4 Protection of the landscape and biodiversity (b) Spatial Policy
Environment Policy 22 (iii) Safeguarding the environment and/or the amenities of surrounding properties
Infrastructure Policy
4.4 Permitted Development provides for a generic grant of planning approval. - 4.5 The Permitted Development Order 2012, Schedule 1, Part 1 Statutory Undertakings; Class 10 - Electric Supply (a) electric line - which includes the supporting poles. Class 12 - Street furniture (a-i) Varying items that are considered street furniture. - 4.6 Town and Country Planning (Telecommunications) Development Order 2019 (in part).
4.7 The Climate Change Plan 2022-2027 has an overarching series of strategies and policies that are considered materially relevant to the assessment of this application which promotes a more sustainable approach to living and working, one of which is remote / home working and learning. - 4.8 National Telecoms Infrastructure committee report, September 2017 which concluded; "If the Island is to stay ahead of the curve and become a world leader in telecoms we will need appropriate sustained investment, an efficient shared infrastructure and the innovation and confidence to challenge barriers to deploying new technology. The importance of increasing the speed of broadband as a priority across the Island is clear". - 4.9 National Telecommunications Strategy, October 2018 which concluded; "The National Telecoms strategy, laid out in six themes, looks to set a direction of travel by which the Island's telecom infrastructure can be recognised as being world class. It defines strategic outcomes to make it happen, in regulation and legislation, a national broadband plan, subsea cables and planning and wayleaves. The Government has made it clear that enhanced telecoms infrastructure is a top priority. "The Isle of Man Government is determined to support the development of telecoms infrastructure which meets the needs of both businesses and the public now and into the future". - 4.10 The National Broadband Plan, outlined in the Isle of Man's National Telecoms Strategy, sets out to deliver Island wide ultrafast fibre broadband to more than 99% of the Island's premises with Manx Telecom as the preferred supplier to enable over 40,000 premises (residential and commercial) to have 'access' to the fibre network. Given the diversity of the
5.1 Ramsey Town Commissioners commented 18/06/24 to object. "The Board wish to submit a comment in that they prefer to have communications in public between Manx Telecom and residents of the affected area before any applications are granted. They feel that the aesthetics have a large impact on the residents and their view should be taken into account".
5.2 DoI: Highways Services do not object (02.04.24) but comment; "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there is a retained 1.2m minimum width footway achieved at pole locations".
5.3 DEFA: Climate Change Transformation Team commented (on 28/05/24) with no objection. - 5.4 DfE: (Digital Infrastructure and Telecommunications) commented (on 03/06/24) at length to highlight the political steer and the adopted 2018 National Telecom Strategy and National Broadband Plan that classes the telecoms network as critical national infrastructure. "The applications, currently being considered by planning officers and the Committee, are intended to facilitate the delivery of the fibre network in areas which form part of the National Broadband Plan". REPRESENTATIONS (in summary) - 5.5 THIRTY TWO comments of OBJECTION have been received from a number of properties in the area and a petition (90% of the 38 affected home owners) against the proposals, namely from; (numbered below as they appear online)
No's 57, 52, 48, 58, 33, 40, 27, 47, 41, 50, 27, 51, 38, 53, 56, 46, 54, 30, 37, 39, 45, 60, 49, 31, 38, 44, 43, 49 Claughbane Drive
No's 17, 21 Claughbane Avenue
No's 12, 14 Barrule Park who between them raise the following material planning considerations that have been thematically categorised; General Development impacts;
6.1 The pertinent issues to consider are:
PRINCIPLE
6.1 The general planning principle of development from a land use perspective would comply with SP2 as Ramsey is a named village in the strategic plan and the site is identified on the Ramsey plan as within the settlement boundary of Ramsey town and zoned as residential which ensures the site is broadly designated for development. Given the site is within a defined residential area the general development control principles of GP2 would also be relevant, as discussed below.
6.2 Furthermore the proposals would seek to comply with Strategic Policy 1c as the applicants are seeking to expand on existing telecoms infrastructure (located below ground) to facilitate service delivery within in the immediate vicinity. - 6.3 It must be noted that whilst there is PDO specific for telecoms equipment under the 2019 Order, this proposal would not comply with those Schedules 1 & 2 as noted in para 4.13 as the pavement width is insufficient and the proposals would be within 20m of a primary window in places. - 6.4 As such the broad principle of development would be supported through compliance with SP2 and StP1c. NECESSITY - 6.5 This application essentially responds to the Governments strategic direction to expand on the existing fibre broadband coverage and as noted in the Island plan and its update in 2024, which also has a direct ambition to grow the number of economically active new residents. As such it is inevitable that the network operators will have to invest in their networks and implement new infrastructure to cope with an increased level of demand. - 6.6 Furthermore, the strategy to expand and improve on the Islands broadband network is echoed in the strategic level objective as noted in the National Telecoms Strategy which commits Government through the National Broadband Plan (NBP) to deliver ultrafast fibre broadband past more than 99% of the Island's premises. It should be noted the National Telecom Strategy, (to which the NBP is part off) was unanimously approved by Tynwald in October 2018. - 6.7 It is understood that the Isle of Man Government has recognised that delivery of fibre broadband to some areas would be commercially unviable and that initial funding (£12.5m through DfE) support should be made available to ensure that properties in "nine intervention zones" (Ramsey being identified as one of the intervention zones as a top priority area and referenced as 'Zone 2' will have access to the faster Fibre broadband. - 6.8 It is noted from CURA's own website (CURA being telecoms regulatory body with responsibility for licencing and regulation of telecommunications through the Communications Act 2021) on the NBP; "Given the diversity of the Isle of Man's landscape and the remote nature of some of the properties, the Isle of Man Government has recognised that delivery of fibre broadband to some areas would be commercially unviable and that funding should be made available to ensure that properties in nine intervention zones will have access to the Fibre. With Manx Telecom chosen as the preferred supplier, the National Broadband Plan commenced on 1st July 2020 and it is expected that 99% of households will be installed with Fibre broadband by 2024". - 6.9 The comments from DfE (Digital IoM) are helpful to understand the context of the NBP and the strategic national need underpinned by the Governments ambition to facilitate the roll out of new telecoms infrastructure that is accessible to all. It is particularly noted that those policy considerations and the Islands networks acts as critical national infrastructure which carries a degree of material weight in understanding the overall strategic need for the works. That is, to help all households have access to reliable, fast and secure broadband which is fully supported by Tynwald as part of the National Telecoms Strategy. - 6.10 The lack of objection from the Climate Change Transformation Team above is noted, and a further material consideration is the general support from their own Climate change Plan 2022-2027 which seeks on page 14 to reduce dependency on reliance for transport and commuting and to promote home/remote working and learning which will inadvertently require for an improved network infrastructure.
6.11 The defined residential catchment of Ramsey is an important consideration and in favour of the proposal is Infrastructure Policy 3 and its supporting text which broadly advises that the maintenance and improvement of the Island's telecommunications systems will likely require the provision of new infrastructure and a balance has to be struck between the need for new, and evolving communications systems, particularly to satisfy the needs of residential and business demand, and the impact of such required development upon the environment. - 6.12 In this instance, the overall strategic "need" for the proposal can be substantiated to align with Government's communication goals to increase the provision for newer and faster fibre broadband connectivity to residential areas and would be read in accordance with IP3. DESIGN AND SITING - 6.13 With regard to broadband network delivery and its implementation, the distribution of the existing network to the wider area would appear to be from a series of below ground ducts and in some instances (as noted by the applicants) the cable is simply buried in the ground. It is noted that where there is above ground fibre cabling, this is distributed by Manx Telecom's telegraph poles and the network is also distributed using Manx Utilities power poles. It is understood MT and MU have developed an agreement for sharing of the pole network for this purpose. The applicant noted; "On occasions if there is no existing underground duct then the installation of new wooden telegraph poles are the preferred delivery method. It is further noted in the comments from DfE, that "Manx Utilities relies on around 10,000 poles whilst Manx Telecom utilises over 2,500 poles across the Island" which puts their context of use into scale. - 6.14 The general use of wooden telegraph poles are widely used across the Island in both rural and urban settings, more in our rural communities in providing critical infrastructure for the delivery of electricity and telecom. In certain areas where they are adjacent to the highway they are also utilised for street lighting. As such given their prolific use across the Island the broad principle of use would be an acceptable method of providing suspended network cabling via wooden telegraph poles. - 6.15 Within the wider context outside of the site and the surrounding residential areas to this part of Ramsey, telegraph poles and their suspended cables are evidence along; Brookfield Crescent and Brookfield Avenue, then stops at the point it becomes Claughbane Drive, broadly in the area off Greenside Court and Brookfield Court. It is acknowledged there are none to the application site or along Claughbane Drive, Claughbane Avenue or Fairway Drive or the cul-desacs feeding off. - 6.16 In terms of siting of the individual poles, it is noted this is done in accordance with the current regulations (noted above) which places them at the rear of the public footpath adjacent to a property boundary, rather than the kerb edge. The document also notes where appropriate they are also sited on the vertical boundary of the two neighbouring properties and perpendicular to the location of the pole. - 6.17 Those current properties to be linked to the broadband network are likely to be supplied from an underground cable buried in the ground rather than a series of buried duct work. To directly replace would involve digging up the pavement and roadway to install ducted network amongst other buried services in the areas. It should also be noted in this scenario, from the pavement edge, if the cable is to be buried, this would see the "digging-up" of the properties garden/ driveway to install and at the customer's expense. - 6.18 In terms of the principle use of telegraph poles, their design and siting, it's clear that best practice has been followed to connect to the remaining properties in the streetscene / estate as part of the government's strategic drive whilst helping to mitigate any visually intrusive masts that could lead to detrimental impacts upon character of the streetscene and would therefore comply with GP2b and IP3. VISUAL IMPACT
6.19 The opening sentence of IP3 is helpful when balancing the above need and any visual impact. When visiting the site, the openness of the area is noted. The property heights of the dwellings and existing levels of infrastructure in the streetscene. There exists sporadic placement of street lighting columns (approx. 4-5m, with a lantern atop) at the rear of the pavements. The proposed telegraph poles will be partially visible on this streetscene as individual telegraph poles and their cabling above, where at present there are no telegraph poles, but they will not be read collectively given their separation distances and the strategic placement and layout of the estate. - 6.20 When standing on the site, the level of visual intrusion into the streetscene can be subjective and it is accepted at present there are no telegraph poles in the streetscene. However, the introduction of the poles and cabling would be different and their use would be utilitarian as too would their appearance and certainly different from the existing method of delivery. It is accepted that this approach can be seen as a retrograde approach and not without its criticism. Equally it would be read against the residential context of the streetscene where the pole height would broadly be higher in height to the ridge of the surrounding properties (bungalows) as to would the cabling between the poles and the properties which would broadly be above eaves level. However noting the level of objection to the proposals and considering this level of "different" service delivery, in terms of overall visual impact, it would not be so great to be considered an incongruous feature on the wider streetscape given the existing use in the immediate area. - 6.21 Whilst this proposal would be introducing additional "street furniture" into the streetscape of bungalows where at present there is none, they would equally be visible from within those respective properties facing onto the poles. However, this visual aspect could be more aligned with an individual's view and outlook. Whilst there will be views of the proposals from within the dwelling houses, this would be a view and the loss of a view or interruption of a view is not a material planning consideration. - 6.22 Furthermore it must be acknowledged that the level of development that can be undertaken within Statutory Undertakings as part of the Permitted Development Order 2012, would equally add to the character of a streetscene through the installation of either street furniture or electrical infrastructure (plant, equipment, apparatus, poles, cabling, cabinets etc) but not necessarily to its detriment and would not require a formal planning application. - 6.23 In terms of precedents, or similar applications we can cross-reference to a former planning application on the Island (noted in planning history para 3.2) which proposed the same method of installation of fibre broadband via wooden telegraph poles and has now been approved and implemented in Ballamillagyhn Estate. - 6.24 When visiting Ballamillagyhn, the telegraph poles have been installed and the suspended cabling evident that is now connecting approx. half of the estate when counting the cablings serving a number of properties which indicates many residents have now opted to upgrade to the Ultra-Fast Broadband network. In terms of visual impact here it is noted that they don't visually detract from the character of the streetscene and do not result in any visual harm or into the site and surrounding area. - 6.25 On balance, the overall siting of the poles and their inherent cabling and the level of visual impact would not be considered to adversely affect the character of this part of the residential estate and would be read in accordance with GP2,c. IMPACT UPON RESIDENTIAL AMENITY - 6.26 As part of the application the applicant notes; "In parallel to submitting the application, we will write to and inform the following parties: Claughbane Drive Residents - Information letter outlining the planning application been submitted. Ramsey Town Commissioners - Letter informing of application". However, taking on board the comments noted above, essentially
6.29 With this in mind, it can be assumed that there are times when it may not be possible to run a cable / ducting underground due to the congestion of underground utility services (sewers, gas, water and electricity). The chosen method of installing telegraph poles would enable rapid infrastructure deployment of a new broadband network to this small part of the wider estate without costly and disruptive roadworks than installing underground cables crossing the highways/ footpaths. (To which it has been noted the DOI seek full width restoration of the footpaths.) - 6.30 Striking a balance and noting the levels of objection from residents, commissioners and the signed petition, it's clear the residents are against the proposals to use above ground fibre broadband via poles and cables. The proposed connectivity would seek to serve the entire upper proportions of this estate with the opportunity for faster broadband and would have a uniform appearance throughout. Of those properties to be connected, there are 32 written objections from the 38 properties here and no comments from the remaining few properties. A balance has to be struck here noting the level of objection, which is a strong material consideration, the competing planning policies and legislative documentation as noted above but to refuse the application when the principle, need and visual impact is considered to be acceptable would inadvertently prevent others in the streetscene who haven't formally commented and possibly in support, from having the ability to be connected to an improved broadband service and being denied critical infrastructure. Equally future occupants of the properties could equally be disadvantaged. - 6.31 However if approved, this is at the applicants commercial discretion whether to implement or not and would be subject to the demand for faster broadband in the area, i.e. if there is no demand or uptake for the newer broadband, the applicants could take the commercial decision not to install the poles but reserve the option to install as an when customers require connecting within the life of any approval. - 6.32 As such this aspect would not adversely affect the amenity standards of neighbouring properties and would accord with GP2g. IMPACT UPON HIGHWAY SERVICES - 6.33 In terms of the proposals it will in places limit the width of the pavement but only for a minor amount for the width of the pole (approx. 250-300mm) it is noted Highways services do not oppose the proposals for marginally narrowing the pavement and the min. clearance height of the cabling of 5.5m above the road is acceptable. As such this aspect would conform to GP2i.
7.1 For the above reasons, it is concluded that the benefits of providing the required improvements in broadband connectivity to increase network coverage are considered to outweigh the very limited visual harm and the level of objection resulting from the proposed development. Greater material weight is attributed to the context of the Government's ambition in the Island Plan to improve public infrastructure in line with the National Telecommunications Strategy and its National Broadband Plan.
7.2 On this basis, it is considered that the proposal would not create any visual harm or deleterious intrusion into the streetscene and would conform to those parts of Strategic Policy 1,4b, Spatial Policy 2, General Policy 2(b,c,g,i,m) Environment Policy 22 and Infrastructure Policy 3. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this
decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status. Decision Made : …Refused……….... Committee Meeting Date:…24.06.2024 Signed :……………J SINGLETON……………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 24.06.2024 Application No 24/00227/B Applicant Manx Telecom Ltd Proposal Installation of 12 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Claughbane Estate Ramsey IM8 2BH Senior Planning Officer Jason Singleton Presenting Officer As above Addendum to the Officer Report The Committee determined to decline the Officer recommendation and the application was refused. Reason for refusal as agreed by the members
The proposed installation of TWELVE wooden telegraph poles and their associated cabling amongst the streetscene of bungalows due to the height, size and scale of the proposals would have a negative visual impact that adversely affects the character of the streetscene and would be contrary to General Policy 2 (b & c) of the Strategic Plan.
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