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Application No.: 24/00445/B Applicant: Manx Telecom Ltd Proposal: Installation of 1 x 9-metre wooden telegraph pole with associated overhead wires. Site Address: 2-8 Ballasteen Drive Andreas Isle Of Man Senior Planning 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
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that any redundant infrastructure is removed and to comply with Strategic Plan Infrastructure Policy 3.
This application has been recommended for approval for the following 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 3, General Policy 2(b,c,g,i,m) Environment Policy 22 and Infrastructure Policy 3.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 11 April 2024. _______________________________________________________________
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 2, 3, 6, 7 Ballasteen Drive, Andreas
THIS APPLICATION HAS BEEN REFERRED TO THE COMMITTEE AS THE LOCAL AUTHORITY OBJECT AND THE APPLICATION HAS BEEN RECOMMENDED FOR APPROVAL.
1.1 The application site identified in red is concerned to the pavement of Ballasteen Drive, Andreas opposite dwelling house No.2. This site sites within a residential estate which is formed with two cul-de-sacs referred to as Ballasteen Drive and Ballasteen Road with pedestrian link to the residential estate of Ballaradcliffe Road to the north. - 1.2 The site is accessed from the main highway of Andreas Main Road (A17) and forms part of the cul-de-sac contains 8 dwellings numbered 1-8 Ballasteen Drive. 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. - 1.3 The dwelling here are predominately bungalows 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. THE PROPOSAL
2.1 Planning permission is being sought for the installation of One 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 pole would be located within the public footpath adjacent to the western boundary with No.2 and opposite 'Kimmeridge'. Off this pole would be a series of network cables that would criss-cross out to the respective properties ( No'2,3,4,5,6,7,8 Ballasteen Drive) 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).
Development on or adjacent to a pavement must not take place-
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 Andreas Parish Commissioners: OBJECT (10/05/24) "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 don't give a true picture of the cluttered view these poles would create. They would be unsightly and a visual eyesore. The Commissioners look forward to learning of alternative options from Manx Telecom Ltd to deliver this service".
5.2 DoI: Highways Services do not object (19.04.24) 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 the pole location.".
5.3 DEFA: Climate Change Transformation Team commented (on 22/05/24) 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)
5.6 Four Comments of OBJECTION have been received from a number of properties in the area namely; No's 2, 3, 6, 7 Ballasteen Drive 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 of Andreas 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 above head cabling along Andreas Main Road with some properties (to the north of the site) being connected through a network of below ground ducts and in some instances (as noted by the applicants) the cable is simply buried in the ground. The above ground fibre cabling 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, telegraph poles and their suspended cables are evidence in sections along the main Andreas Road through the village but lesser on the approach to the application site, with the exception of a single wooden telegraph pole in the footpath adjacent to No.1 and the junction to Ballasteen Drive. - 6.16 In terms of siting of the single pole to the west of No.2, 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 (8No.) to be linked to the broadband network are likely 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 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 of 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, where at present there are no 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, given the isolation of one pole in this location, to the west of No.2 where the immediate area is open and adjacent to the rear garden of No.2 that is laid with grass would be prominent. The introduction of the poles and cabling would be different whilst noting the other half of the estate to the north is ducted. 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 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 where at present there is none, it would be visible from within the estate and from some of the properties. This visual aspect would be more aligned with an individual's view and outlook. The level of objections to the proposals are noted as being from those properties that would face onto the telegraph pole on this part of the estate. 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 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 pole 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 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; "Ballasteen Drive does not have sufficient existing underground ducting to use and therefore to make fibre available to the estate, the installation of 1 telegraph pole 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
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 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 : …Permitted……….... 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).
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