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Applicant: Manx Telecom Ltd Proposal Installation of 9 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Howe Road Onchan 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 13.06.2024 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 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 33,45,26,36,54,47,48,57,61,39,35,59,40,31,20,51,6,58,43,44,25,60,30,34,41,37,51,56,42,38,32 ,46 Howe Road, Onchan
No. 111 King Edward Road, Onchan
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 Howe Road, Onchan The site sits within a wider residential estate and is broadly formed in a straight road running east to west with dwellings either side and runs parallel with Kind Edward Road but set back and at a higher level. The properties here are broadly on two levels with those to the north of Howe Road being higher and those to the south being lower than Howe Road. - 1.2 The dwelling 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 essentially front onto the highway and 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 NINE x 9m 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 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 Howe Road, 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
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" under the Area Plan for the East, Map No.6 Onchan. Within the written statement accompanying the plan, broader "Telecommunications" are broadly supported though the Area Plan Objectives are para 7.4 (page 59) where it says "iv. To provide and support the best quality telecommunications networks and to support the economy by doing so"… and further supported through paragraphs 7.13 and encapsulated as a policy guidance depicted below (from page 70);
Telecommunications Proposal 1 New developments should:
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
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 Onchan District Commissioners commented (04/04/24) to OBJECT;"Does not comply with the Strategic Plan, Infrastructure Policy 3 as the applicant has not demonstrated the national need that supports an exception to not comply with the presumption that visually intrusive masts will not be installed in sensitive landscapes; Other less visually intrusive development methods are available as demonstrated by the applicant's own publicly available literature that advertises that fibre is currently available to properties on the same road via an underground/duct service, namely property numbers 1 to 21 inclusive on Howe Road; Does not comply with Strategic Plan, General Policy 2 as the development does not respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them, will adversely affect the character of the surrounding landscape or townscape, and will adversely affect the amenity of local residents and the character of the locality."
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 THIRTY SIX comments of OBJECTION, Plus a letter from an MHK for Garff, have been received from a number of properties in the area against the proposals, namely from; (numbered below as they appear online); 33,45,26,36,54,47,48,57,61,39,35,59,40,31,20,51,6,58,43,44,25,60,30,34,41,37,51,56,42,38,32 ,46. Howe Road, Onchan, & No.111 King Edward Road, Onchan - 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 Sp2 as Onchan is a named village in the strategic plan and the site is identified on the APE Onchan plan Map 6 as within the settlement boundary of Onchan 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 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" (Onchan being identified as one of the intervention zones as a top priority area and referenced as 'Zone 1' 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
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 Boadband 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: Howe Road Residents - Information letter outlining the planning application been submitted. Onchan Town 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 the 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; "Howe Road does not have sufficient existing underground ducting to use and therefore to make fibre available to the estate, the installation of 9 telegraph poles is required.". - 6.28 In terms of alternative options that have been considered the applicants have noted the following;
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 strong levels of objection from residents and MHK, the proposed connectivity would seek to serve the half of the 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 36 written objections of the 40 properties here. It's clear the residents are against the proposals to use above ground fibre broadband via poles and cables, however a balance has to be struck here noting the level of objection, which is a strong material consideration and the competing planning policies and legislative documentation as noted above. On reflection of the previous paragraphs. To refuse the application based on residents requests when the principle, need and visual impact is considered to be acceptable could have a deleterious impact on the ability to provide improved broadband service and being denied critical infrastructure which is contrary to policy. 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. 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. TREES AND HEDGES - 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 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 24/00331/B Applicant Manx Telecom Ltd Proposal Installation of 9 x 9-metre wooden telegraph poles with associated overhead wires. Site Address Howe Road Onchan Isle Of Man 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 NINE 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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