Loading document...
Application No.: 25/90402/B Applicant: Manx Telecom Proposal: Installation of 3 Telegraph Poles to provide fibre optic connectivity to 3-6 & 41-48 Ballaquane Park Site Address: Ballaquane Park Peel Isle Of Man IM5 1PX Photo Taken: 05.08.2025 Site Visit: 05.08.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.08.2025
Conditions and Notes for Approval: 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.
______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection:
THIS APPLICATION HAS BEEN REFERRED TO THE PLANNING COMMITTEE GIVEN THE LEVEL OF OBJECTION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.0 THE SITE - 1.1 The application site is identified in red and is concerned with the pavements of 3-6 & 41-48 Ballaquane Park, Peel. The site sits within a wider residential estate and comprises a cul-de-sac of 7 dwellings within Ballaquane Park. It is accessed from Rowan Avenue to the south, which in turn links to the A4 Ramsey Road, to the north-west which provides links to both Peel and Kirk Michael; Rowan Avenue also provides a link to Ballaquane Road to the south leading to the A20 Poortown Road and Peel town centre. - 1.2 The dwellings here are a mixture of traditional bungalows and some chalet bungalows with accommodation in the roof space (via dormers or gable windows) giving a slightly higher ridge height. - 1.3 These properties 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 laid to lawn with some soft and hard landscaping. The properties have dwarf brick work walls with a cap stone atop fronting the pavement, and behind them are hedges/ planting. - 1.4 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. Within the rear of the pavements are sporadic metal columns for street lighting located on the west of the highway.
2.0 THE PROPOSAL - 2.1 Planning permission is being sought for the installation of THREE 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. 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;
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
3.1 The application site has not been subject to any relevant planning history that is considered pertinent in this instance. - 3.2 Of note are similar applications that have been approved referenced:
3.3 The following applications have all been refused by the planning committee because; "The proposed installation of wooden telegraph poles and their associated cabling amongst the street scene 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 street scene and would be contrary to General Policy 2 (b & c) of the Strategic Plan".
3.4 There are seven other planning applications for similar telecoms development in Peel (6) and Glen Vine (1) which are pending consideration. These are:
4.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential" under the Draft Area Plan for the North and West (2022), Map No.6 Peel. - 4.2 Within the written statement accompanying the area 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:
4.3 The site is not within a designated Conservation Area or within an area identified as being at floor risk from tidal or surface water flooding. There are no registered trees / tree areas identified on / adjacent to the application site. - 4.4 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
4.5 Permitted Development Order 2025, Schedule 1, Part 1 Statutory Undertakings; Class 10 Electric Supply (a) electric line - which includes the supporting poles. Class 12 - Street furniture (a-j) 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;
5.0 REPRESENTATIONS (this report only contain summaries - full reps can be read online) STATUTORY CONSULTEES
5.1 Peel Town Commissioners commented (29/05/25) - Objection - comments as follows: The Commissioners would like to oppose planning applications 25/90395/B, 25/90396/B, 25/90397/B, 25/90398/B, 25/90399/B, 25/90400/B and 25/90402/B Installation of telegraph poles to provide fibre optic connectivity at Rheast Bridson, Links Close, Creggans Avenue, Corrins Way, Bellevue Park, and Ballaquane Park respectively. The reason the Commissioners oppose these applications is as follows:
The erection of telegraph poles with overhead wiring will created a clutter the street scene and will be unsightly for a modern residential urban environment.
The Strategic Plan Infrastructure Policy 3 states:
"A balance must be struck between the need for new, evolving communication systems to satisfy residential and business demand and the impact the necessary infrastructure will have upon the environment."
The Peel Local Plan emphasises the need for a quality residential environment through policy 5.15 stating:
"Comprehensive landscaping proposals will be required as part of future submissions."
In terms of the highway infrastructure and environment guidance was provided in Manx Roads: A guide to the design of residential roads, footways, parking and services. This document introduced the need for services to be placed underground either in footways or under designation service verges/strips. This longstanding document was superseded in 2021 by the Manual for Manx Roads (GN-00-019 Rev2). This document again emphasises the need to build a quality environment and reduce clutter as per sections 5.5.1 and 5,5.3 respectively:
Section 5.5.3 goes on to state: "Manual for Streets covers a range of techniques to help reduce the clutter of unnecessary street furniture on the highway."
These techniques for public utility services including street furniture are laid out in Statutory Undertaker Service Section (Section 11.1.35 to 11.1.36)
Section 11.1.36 states: "The approved relative locations of the various services beneath a footway and service verge, as agreed by the Manx Joint Utilities Group are shown in our standard construction details."
All these planning policies and guidance documents encourage the reduction is street furniture and improve the residential street environment through placing statutory undertaker's communication services underground. These planning applications seek to ignore these planning policies and guidance.
Thank you for considering the Commissioners' views.
5.2 DoI: Highways Services do not object (29/04/25) 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 at least 1.2m footway width is maintained around the poles." NEIGHBOUR REPRESENTATIONS (in brief) - 5.3 Seven representations raising OBJECTION, have been received from a number of properties in the street scene against the proposals, namely from - (numbered below):
Ballaquane Park, Peel: 4, 5, 43, 44, 45, Cair View, 36 Mountain View, Peel. The MHK for Glenfaba and Peel has also written raising objections to the proposals. Between them the objectors raise the following material planning considerations that have been thematically categorised:
General Development impacts:
6.0 ASSESSMENT 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 Peel is a Service Centre in the strategic plan and the site is identified on the Draft Area Plan for the North and West, Peel - Map 6, as within the settlement boundary of Peel 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 compromised in places 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 Sp1 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 and tied in with the decommissioning of the outdated copper infrastructure. - 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. The strategy provided the direction of travel for regulation, legislation, undersea cables and planning for the Island's national telecoms infrastructure. - 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" (Peel being identified as one of the intervention zones as a top priority area and referenced as 'Zone 1' which 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 applicant in their supporting statement highlight the pressing need; "As the Island's fibre network continues to expand, Manx Telecom has announced plans to retire the legacy copper network. This Copper Switch-Off programme will see the decommissioning of the outdated copper infrastructure that has served as the backbone of telecommunication services on the Isle of Man for decades. The copper network, which supports traditional landline phones and older broadband services, has become increasingly expensive to maintain and repair and cannot meet the demands of modern digital services". - 6.10 "Manx Telecom has set a deadline of 2029 for the complete switch-off of the copper network, after which all services will be delivered through the fibre network. This timeline allows for a managed transition, ensuring all properties across the Island are connected to the fibre network before the copper services are withdrawn. The Copper Switch-Off programme represents the final phase in the Island's digital transformation, creating a more reliable, future-proof telecommunications infrastructure that will support economic growth and improve quality of life for residents". - 6.11 Noting the above commentary from the applicants, the defined residential catchment of Peel and the residential use of the site 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 fibre network delivery and its implementation, the distribution of the existing network to the wider area would appear to be from a series of below ground ducts and in some instances (as noted by the applicants) the cable is simply buried in the ground, as is in this case, requiring the need for the utilisation of timber poles. It is noted that where there is above ground fibre cabling, this 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 occasion where there is no existing underground ducted or overhead infrastructure, then new telegraph poles are the preferred delivery method. The distribution of the network can be deployed both above and below ground. Where there is an existing underground or overhead infrastructure, this will always be used to install fibre. Above ground fibre is distributed using Manx Telecom's or Manx Utility Authority Electricity poles where available." - 6.14 The general use of wooden telegraph poles are 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 (Manx Telecom already has over 2500 wooden poles in use) 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 Peel, telegraph poles and their suspended cables are not widely utilised as a form of infrastructure and it is acknowledged there are none to the application site or within this wider residential area. However in other parts of the estate there is evidence within the pavement the
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.
6.28 In so far as the comments received and as noted, seeking the cables be installed below ground, it is noted in the applicants' statement on underground duct/trenching that; "Ballaquane Park does not have sufficient existing underground ducting to use and therefore to make fibre available to the estate, the installation of three telegraph poles is required". Quote taken from their supporting statement - 6.29 In terms of alternative options that have been considered the applicants have noted the following:
6.30 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
7.1 For the above reasons, it is concluded that the benefits of providing the required improvements in broadband / fibre 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 1, General Policy 2(b,c,g,i,m) Environment Policy 22 and Infrastructure Policy 3. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Refused.. Committee Meeting Date:…26.08.2025
Signed : Mr Hamish Laird 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 See below
Application No. : 25/90402/B Applicant : Manx Telecom Proposal : Installation of 3 Telegraph Poles to provide fibre optic connectivity to 3-6 & 41-48 Ballaquane Park Site Address : Ballaquane Park Peel Isle Of Man IM5 1PX Planning Officer Hamish Laird Reporting Officer As above Addendum to the Officer’s Report
At the Committee Meeting on 26/8/25, Members voted unanimously to reject the Officer recommendation and voted unanimously to Refuse the application for the following reason:
The proposed installation of THREE wooden telegraph poles and their associated cabling amongst the streetscene of bungalows would due to the height, size and scale of the telegraph poles, result in a negative visual impact which would adversely affect the character of the streetscene to an unacceptable degree. As such, the proposed development would be contrary to the provisions of General Policy 2 b), c), and h) of the Isle of Man Strategic Plan- 2016.
R 1. The proposed installation of THREE wooden telegraph poles and their associated cabling amongst the streetscene of bungalows would due to the height, size and scale of the telegraph poles, result in a negative visual impact which would adversely affect the character of the streetscene to an unacceptable degree. As such, the proposed development would be contrary to the provisions of General Policy 2 b), c), and h) of the Isle of Man Strategic Plan- 2016.
Copyright in submitted documents remains with their authors. Request removal
