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Applicant: Manx Telecom Ltd Proposal Installation of four 9-metre wooden telegraph poles with associated overhead wires Site Address Thornhill Park Ramsey Isle Of Man Case Officer : Jason Singleton Site Visit: 30.04.2024 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 30.05.2024 Conditions of Approval - 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):
Flossmoor - 13 Thornhill Park
1.1 The application site identified in red is concerned to the pavements of Thornhill Park, Ramsey. This site is broadly located to the north of Ramsey off Andreas Road (A9) toward the north western edge of the Ramsey Town plan boundary. - 1.2 This part of the estate (road feeds onto Clifton Drive and the wider residential area) is broadly 10 dwelling houses mainly bungalows within integral garages (pre 1980's construction) and only one two storey (Windrift) property located at the northern end of one of the two culde-sacs. 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 with street lighting (approx. 5m high) in strategic locations. - 1.3 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 varies boundary treatments. Within the streetscene is sporadic street lighting within the pavements. THE PROPOSAL
2.1 Planning permission is being sought for the installation of four 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 poles would be located within the footpaths and shown as being adjacent to the boundaries of and installed adjacent or as close as to the boundaries of the properties below. Off each pole would be a series of network cables that would criss-cross out to the respective properties requiring fibre internet connection. The poles would be sited near the following dwellings;
2.3 The agent notes; "Installation of the telegraph poles 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;
2.4 The application has been submitted by Manx Telecom Limited. 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 is a previous planning application referenced; 23/01236/B - 1-29 Ballamillagyhn Estate Mount Rule Douglas. - To install 6 x 9 metre wooden telegraph poles with associated overhead wires. All six poles have been included in this application as all poles will be required to provide an overhead fibre service to the properties. Approved 14th February 2024 at Planning Committee.
PLANNING POLICY 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.1 North. 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
Environment Policy 22 (iii) Safeguarding the environment and/or the amenities of surrounding properties
Infrastructure Policy
4.4 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.
4.5 Town and Country Planning (Telecommunications) Development Order 2019 (in part).
4.6 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. - 4.7 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". - 4.8 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". - 4.9 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. - 4.10 Commissions Act 2021 (Schedule 5; Part 11- Power to fly lines) - 4.11 Cabinet Siting and Pole Siting, Code of Practice, Issue 2; November 2016. (UK Guidance for best practice). - 4.12 Assessment of the Impact of the National Broadband Plan on Telecoms Regulation. Publication Number: 16/20 from Communications Commission.
4.13 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." - 4.14 The Island Plan was Updated in March 2024 and notes on;
REPRESENTATIONS (this report only contain summaries - full reps can be read online)
5.1 Ramsey Town Commissioners commented (on 14/05/24) "The Board considered these applications on the 17th April at their Board meeting. They 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 (18.03.24) 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 any reductions in footway widths are momentary and no less than 1.2m".
5.3 DEFA: Climate Change Transformation Team commented (on 22/05/24) with no objection.
5.4 DfE (Digital IoM) commented (10/05/24) 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 Flossmoor - 13 Thornhill Park (18/04/24) commented to OBJECT to the application and noted the following thematic issues;
6.0 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 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 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 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 NBT is part off) was unanimously approved by Tynwald in October 2018. - 6.7 The comments from CURA are noted and as the telecoms regulatory body with responsibility for licencing and regulation of telecommunications through the Communications Act 2021. Their website broadly notes 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 Within CURAs own document as referenced in para 4.10 above, notes; "There are some areas of the Island where it is likely that an operator could not make a sufficient return on investment to justify rolling out next generation fibre infrastructure. To overcome this problem the Government has committed to supporting and facilitating investment in these areas through the National Broadband Plan (NBP)…(Essentially the NBP is a gap funding arrangement intended to facilitate investment in areas that would not be economically viable to serve
seen to create any statutory nuisance through vibration, odour, noise or light pollution during its operation.
6.34 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 - 6.35 With regard to the commissioners comments, the reply from the applicant (30.05.24) is noted and that dialogue is open to the Commissioners and they offered to meet but the invitation has not been taken up. As such it is noted the commissioners do not formally state any objection in their response and only cite a view. As noted above a loss of a view is not a materially consideration.
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:…10th June 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.
Application No 24/00259/B Applicant Manx Telecom Ltd Proposal Installation of four 9-metre wooden telegraph poles with associated
overhead wires
Site Address Thornhill Park Ramsey 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 four 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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