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Application No.: 25/90376/B Applicant: Manx Telecom Proposal: Installation of 4 telegraph poles to supply fibre communications to 77-87 Eary Veg and 88, 97, 98 and 99 Cronk Liauyr Tromode Site Address: Eary Veg Tromode Douglas Isle Of Man IM2 5LZ Senior Planning Officer: Jason Singleton Photo Taken: 12.06.2025 Site Visit: 12.06.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 17.06.2025 _________________________________________________________________
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.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council - No Objection Highways Services - No Objection
It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria:
Eary Veg; No's 77, 78, 79, 81, 82, 84, 85, 86, 87, Cronk Liauyr No's; 98, 99,129 Slieau Dhoo; No's;124 _________________________________________________________________ Officer’s Report 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 is concerned to the pavements of Eary Veg, Tromode. The site sits within a wider residential estate and is broadly accessed from Cronk Liauyr which connect to the main highways of Tromode road to the West or Ballanard Road to the East. The properties to the East of the highway sit at a higher level than those opposite to the West given the sloping nature of the site and terminates in a cul-de-sac to the south. To the north is highway Cronk Liauyr and those properties opposite referred to as 97, 98 and 99. - 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 slightly higher ridge height. The cul-de-sac of Eary Veg is made up of 12 properties; 77, 78, 79 (cherry trees), 80, 81, 82 (Norlands), 83, 84, 85, 86, 87, 88. - 1.3 These 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 laid to lawn with some soft and hard landscaping. The properties have dwarf brick work walls with a cap stone atop and behind are hedges/ planting behind fronting to the pavement. - 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 pavements are sporadic metal columns for street lighting.
2.0 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. 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 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 (15 properties) to the new telegraph pole are properties referenced; 77-87 Eary Veg and 88, 97-99 Cronk Liauyr. - 2.5 The proposal aims to deliver a replacement for the existing copper cable with a more modern fibre optic cable as part of the expansion of the Islands fibre network and as part of the "copper switch off programme" for the transition to the delivery of broadband and telephone systems to those affected properties.
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 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".
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.4 Douglas. - 4.2 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:
4.3 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 1 Development should make the best use of resources (c) 4 Protection of the landscape and biodiversity (b)
Spatial 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 Douglas City Council commented (15/05/25) - No Objection - 5.2 DoI: Highways Services do not object (15.04.25) 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 Twelve comments of OBJECTION, have been received from a number of properties in the streetscene against the proposals, namely from; (numbered below); Eary Veg; No's 77, 78, 79, 81, 82, 84, 85, 86, 87, Cronk Liauyr No's; 98, 99, 129
Slieau Dhoo; No's; 124 who between them 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:
6.1 The general planning principle of development from a land use perspective would comply with Sp1 as Douglas is a named village in the strategic plan and the site is identified on the area plan for the East, Douglas plan Map 4 as within the settlement boundary of Douglas 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.
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 Douglas, 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. It is not until you are on Ballanard Road where they are utilised in the streetscene for the provision of overhead telecoms supply. However in other parts of the estate there is evidence within the pavement the installation of telecom manhole covers and the ductwork connectivity between them for the supply of telecommunications/broadband. - 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 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, is clear that best practice has been followed to connect to the remaining properties in the streetscene / estate 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
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 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.) - 6.31 Striking a balance and noting the strong levels of objection from residents, the proposed connectivity would seek to serve this part of the residential estate with the opportunity for faster broadband and would have a uniform appearance throughout. Of those fifteen properties to be connected, there are thirteen written objections. 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. - 6.32 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. - 6.33 As such this aspect would not adversely affect the amenity standards of neighbouring properties and would accord with GP2g. IMPACT UPON HIGHWAY SERVICES - 6.34 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. In most instances of siting the telegraph poles, there would remain a min. clearance of 1200mm wide on the pavement
for pedestrian use (as noted in 5.1.4 of Manual for Manx Roads) and where the speed limit is lower than 30mph and this would be over a very short distance. As such this aspect would be acceptable and conform to GP2i.
6.35 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 - 6.36 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 - 6.37 None.
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.
8.1 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 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 and/or rights to appeal.
Decision Made: Refused Date: 30.06.2025 Signed : Presenting Officer
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Application No. : 25/90376/B Applicant : Manx Telecom Proposal : Installation of 4 telegraph poles to supply fibre communications to 77-87 Eary Veg and 88, 97, 98 and 99 Cronk Liauyr Tromode Site Address : Eary Veg Tromode Douglas Isle Of Man IM2 5LZ Presenting Officer : Jason Singleton Addendum to the Officer’s Report At the meeting of the planning committee on 30th June 2025, members expressed concerns and unanimously refused the application for;
"The proposed installation of wooden telegraph poles would result in a narrowing of the footpaths, both the poles and their associated cabling amongst the street scene of detached dwellings 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 & h) of the Strategic Plan". _____________________________________________________________________________
R 1. The proposed installation of wooden telegraph poles would result in a narrowing of the footpaths, both the poles and their associated cabling amongst the street scene of detached dwellings 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 & h) of the Strategic Plan.
This decision relates to drawings and supporting information received on 10th April 2025.
Copyright in submitted documents remains with their authors. Request removal
