Loading document...
Applicant: Manx Telecom Ltd Proposal Installation of 11 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Ballalough Estate Andreas Isle Of Man 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/notes - 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. Approval 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 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 3, 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;15, 13, 1, 44, 14, 2, 50, 55, 56, 21, 29, 37, 22, 43, 28, 41, 51, 53, 49 Ballalough Estate
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 is concerned to the pavements of Ballalough Estate, Andreas. This site sites within a residential estate within a wider rural area to the north of Andreas village and contains approx. 58 dwellings which is formed in a series of cul-de-sacs with a single access road off the Smeale Road. The estate is also adjacent to Andreas Parish Hall that sits to the (side) north of the access road into this estate - 1.2 The dwelling here are a mixture of traditional bungalows and some chalet bungalows with dormers 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 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 ELEVEN x 9m tall wooden telegraph poles with associated overhead network cables for the provision of fibre broadband internet. The timber poles would measure a diameter ranging from 250mm-300mm and would project between 7m-7.5m 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 eleven poles would be located within the public footpath adjacent to the boundary and on the divide between the respective properties in Ballalough Estate. 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". - 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" ".
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 1982 Development Plan.
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 3 Named service Village (Andreas) 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 digitally-enabled, and residents have access to fast, reliable internet via the Island's National Broadband Plan to create enhanced opportunities for learning in the Digital Age." - 4.15 The Island Plan was Updated in March 2024 and notes on;
5.1 Andreas Parish Commissioners: OBJECT (09/04/24) "Andreas Parish Commissioners have now considered the above plans as received 22nd March 2024 and strongly object to this application. They are in full support of the majority of residents of the estate who have lodged their objections. The Commissioners are concerned that this is a backward step for bringing fibre to homes and businesses on the Island, and other options must be found. There are no other overhead services within this estate as all are laid underground. In recent years the MUA have worked through a programme to remove overhead wires to improve services and visual impact for amenity areas so it is somewhat incredulous that this is being proposed by Manx Telecom Ltd. The illustrations do not show the overhead wires which would be attached to the poles and therefore a visual eyesore. This particular area is also subject to strong winds throughout the year, and recent damage and destruction to the local amenity fencing and trees is testament to this. There is, therefore, a high likelihood that overhead wires in this area could become damaged during the strong winds making for problems in delivering the services. The Commissioners have received further correspondence from residents who object to this application, and look forward to learning of alternative options from Manx Telecom Ltd to deliver this service".
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 namely No's;15, 13, 1, 44, 14, 2, 50, 55, 56, 21, 29, 37, 22, 43, 28, 41, 51, 53, 49, plus a petition of 41 signatories 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 Sp3 as Andreas is a named village in the strategic plan and the site is identified on the 1982 plan as within the settlement boundary of Andreas 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 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 Sp3 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" (The rural north to which Andreas is part off) being identified as one of the intervention zones as a top priority area and referenced as 'Zone 5' 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 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, 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 here 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 network of buried cables (no duct work) in the ground and to which this application seeks to address. Outside of the site in the wider areas of the village, there is evidence of above ground fibre cabling that 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 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 Andreas, a network of telegraph poles and their suspended cables are only evidenced within Andreas village and closer is Orchard Close (approx. 450m to the south of the site.) There are none in the site or the immediate vicinity, albeit there is one telegraph pole outside of Andreas Parish Hall with cabling extending across to those properties opposing on the Smeale Road. - 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 pavements. The proposed telegraph poles will be partially visible on this streetscene as individual telegraph poles but not 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, it is noted at present there are no telegraph poles in the streetscene, and the introduction of the poles and cabling here would be different whilst noting the proposals is to the entirety of the estate. 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. 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. - 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
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
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 3, 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 24/00330/B Applicant Manx Telecom Ltd Proposal Installation of 11 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Ballalough Estate Andreas 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 ELEVEN 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.
Copyright in submitted documents remains with their authors. Request removal
