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Applicant: Manx Telecom Ltd Proposal Installation of five 9 metre and one 10 metre wooden telegraph poles with associated overhead wires Site Address Ballaterson Fields Ballaugh IM7 5AW 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 12.06.2024 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 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 4, 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): referenced;
No's 12,37,20,35,36,19,38,29,27,18,15,22,32,23,16,24,26,14,28,31 Ballaterson Fields
THIS APPLICATION HAS BEEN REFERRED TO THE COMMITTEE AS THE LOCAL AUTHORITY OBJECT, AND THERE ARE MORE THAN 4 OBJECTIONS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.1 The application site is identified in red is concerned to the pavements of the southern part of Ballaterson Fields estate, Ballaugh. The site sits within a wider residential estate (36 Properties) and is formed in a three cul-de-sacs with dwellings either side of the highway. This site is broadly located to the south of Ballaterson Road and to the north eastern part of Ballaugh Village. - 1.2 The dwellings here are traditional bungalows with off centre chimney stacks and the addition of integrated garaging that sit on generous plots sizes where the orientation of the dwellings fronts onto the highway. The dwelling 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 here 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 FIVE x 9m and ONE x 10m tall wooden telegraph poles with associated overhead network cables for the provision of fibre broadband internet. Off 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 7m-7.5m for the 9m pole and 7.8-8.5m for the 10m pole above the ground level with
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 to the new telegraph pole are properties referenced; 14-29; 31-36 (22 Properties). PLANNING HISTORY
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;
PLANNING POLICY 4.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the 1982 Development Plan (North) Map. 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 4 Named village (Ballaugh) General 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 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. This project, was initiated in July 2020 and is set to conclude by August 2024. - 4.11 Commissions Act 2021 (Schedule 5; Part 11- Power to fly lines) - 4.12 Cabinet Siting and Pole Siting, Code of Practice, Issue 2; November 2016. (UK Guidance for best practice). - 4.13 Assessment of the Impact of the National Broadband Plan on Telecoms Regulation. Publication Number: 16/20 from Communications Commission. - 4.14 The Island Plan 2023; Within the section entitled "Outstanding lifelong learning and development opportunities for all" the plan says; "Ensure that public services are increasingly
5.1 Ballaugh Parish Commissioners commented (19/04/24) to OBJECT;
"The installation of these poles and the attached cables would not be in keeping with the area and would have a detrimental visual impact on the estate.
The Town and Country Planning (Telecommunications) Development Order 2019 states: Schedule 4 Section 2(7) The Department must only consider the following factors in determining an application - (b) the visual impact on the character and appearance of the area.
The Town and Country Planning (Telecommunications) Development Order 2019 states: Schedule 1 Section 6 Development on or adjacent to a pavement must not take place - if the existing width between the up-stand of the kerb or any existing street furniture is 1500mm or less; or in any other case, if doing so would reduce that width to less than 1500mm.
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". NEIGHBOUR REPRESENTATIONS (in brief) - 5.5 Eighteen comments of OBJECTION have been received from a number of properties in the area against the proposals, namely from Ballaterson Fields, referenced; 12,37,20,35,36,19,38,29,27,18,15,22,32,23,16,24,26,14,28,31. (Numbered as they appear
online) who between them raise the following material planning considerations that have been thematically categorised;
General Development impacts;
6.1 The pertinent issues to consider in the assessment of this planning application are whether there is any adverse impact upon:
PRINCIPLE
6.1 The general planning principle of development from a land use perspective would comply with Sp4 as Ballaugh is a named village in the strategic plan and the site is identified on the 1982 Development Plan as within the settlement boundary of Ballaugh 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
2,500 poles across the Island" which puts their context of use into scale.
6.14 The general use of wooden telegraph poles is acknowledged as being 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 Ballaugh, telegraph poles and their suspended cables are evidence in sections along the main highway (A10) Station Road Starting at the junction of Ballaugh Bridge and extending along its length to the old Railway line and then again opposite the entrance from St.Marys Meadow and continues along Station Road northwards to the Church. - 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 this existing cable 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 "diggingup" of the individual 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 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, it's noted the openness of the site, the property heights on the bungalows 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
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: Ballaterson Field Residents - Information letter outlining the planning application be submitted. Ballaugh Parish Commissioners - Letter informing of application". However, taking on board the comments noted above, essentially regarding the unsightly appearance of the broadband infrastructure and its archaic approach to service delivery, the proposal by its nature being a wooden pole outside off the residential curtilages ensures that their residential amenities would not be materially affected through any loss of light, overbearing impact or loss of privacy as a result of the installation. - 6.27 In so far as the comments received and as noted, seeking the cables be installed below ground, it is noted in the applications statement on underground duct/trenching that;
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, it's clear the residents are against the proposals to use above ground fibre broadband via poles and cables and the commissioner's comments to object. The proposed connectivity would seek to serve the remainder of estate (southern half) with the opportunity for the faster broadband. Of those 24 properties to be connected, 19 objections from them have been received and no comments from the remaining 5 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 from the property owners or they choose to utilise a different method of internet connectivity, 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. PUBLIC HEALTH - 6.34 This proposal is not seeking to install any radio frequency or electromagnetic field communication or non-ionising devices, as such no consideration has been given to the ICNIRP guidelines. In this instance the proposal poses no risks of harm, injury and nuisance to the public in the community in line with GP2m. Equally the proposals would comply with EP22 as it
would not be seen to create any statutory nuisance through vibration, odour, noise or light pollution during its operation.
6.35 In terms of whether the proposals will have an impact upon any trees or hedges, given the strategic positioning and the method of installation via an auger with limited excavation needed, it is not considered there to be any adverse impact upon any trees, hedges or their roots system within the locality of any of the telegraph poles placement and the proposals would comply with Stp4(b). OTHER - 6.36 None.
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 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 4, 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 24/00260/B Applicant Manx Telecom Ltd Proposal Installation of five 9 metre and one 10 metre wooden telegraph poles with associated overhead wires Site Address Ballaterson Fields Ballaugh IM7 5AW 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 SIX 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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