DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01236/B Applicant: Manx Telecom Ltd Proposal: 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 Site Address: 1-29 Ballamillagyhn Estate Mount Rule Douglas IM4 4HU IM4 4HX Senior Planning Officer: Mr Jason Singleton Site Visit: 01.02.2024 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 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.

• C 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.

This application has been recommended for approval for the following reason.

The proposal would not create any visual harm or intrusion into the site and surrounding area and would conform to those parts of Strategic Policy 1, General Policy 2(b,c,g) and Infrastructure Policy 3.

Plans/Drawings/Information;

This decision relates to drawings and supporting information received on 25 October 2023. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

No's 2, 8, 10, 14, 17, 20, 22, 23 Ballamillaghyn Estate,

• as they are all within 20m of the application site and satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION HAS BEEN REFERRED TO THE COMMITTEE GIVEN THE NUMBER OF OBJECTIONS

THE SITE

1.1 The application site is concerned to the pavements for Ballamillaghyn Estate, Mount Rule, Douglas. The estate is broadly 30 dwelling houses mainly bungalows or chalet style properties. The pavements here vary in width and connect all the properties in the wider estate and finished with tarmacadam with dropped kerbs to each residential property. THE PROPOSAL - 2.1 Planning permission is being sought for the installation of six x 9m tall wooden telegraph poles with associated overhead cables for the provision of fire broadband internet. The timber poles would measure a diameter ranging from 250mm-300mm.

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 approx. 6 cables that would criss-cross out to the respective properties requiring fibre internet connection. The poles would be sited near;

• Pole 1 - No's 2/3
• Pole 2 - No's 24/25
• Pole 3 - No's 26/27
• Pole 4 - No's 19/20
• Pole 5 - No's 11/12
• Pole 6 - No's 14-15

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." Premises to be connected to the new telegraph pole are Property numbers 1 - 29 Ballamillaghyn Estate". - 2.4 The application has been submitted by Manx Telecom Limited. PLANNING HISTORY

3.1 None. PLANNING POLICY - 4.1 The Area plan for the East (Map 8 - Union Mills/ Strang) identifies the application site as within an area of "white land" but adjacent to the wider residential 'Ballamillyghn Estate' which is also "white" on the Map. Previously on the 1982 North Plan the site and 'Ballamillyghn Estate' was zoned as residential.

4.2 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.

4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; Strategic Policy

• 1 Development should make the best use of resources (c)

Spatial Policy 5 New development will be located within defined settlement.

General Policy

• 2 General Development Considerations (b,c,g)
• 3 Exceptions to development in the countryside (e)

Environment Policy 1 Protection of the countryside 22 (iii) Safeguarding the environment and/or the amenities of surrounding properties Infrastructure Policy 3 Need for communications infrastructure versus environmental impacts Transport Policy 4 Highway safety

4.4 The Isle of Man government has an overarching series of strategies and policies that are considered materially relevant to the assessment of this application. This includes the Isle of Man Government Climate Change Plan 2022-2027; which promotes a more sustainable approach to living and working, one of which is remote working. - 4.5 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". - 4.6 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".

REPRESENTATIONS (this report only contain summaries - full reps can be read online)

STATUTORY CONSULTEES

5.1 Braddan Parish Commissioners had not commented at the time of writing.

5.2 Highways Services do not object (15.11.23) 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, providing the pole positions provide a clear width of 1.5m on the footways at all pole locations". - 5.3 Residents of Ballamillaghyn Estate have commented with NEIGHBOUR REPRESENTATIONS (in brief) - 5.4 There are a number of comments that have been received from residents of Ballamillaghyn Estate, (namely; 2, 8, 10, 14, 17, 20, 22, 23) who OBJECT to the proposals who between them raise the following material planning considerations that have been thematically categorised;

• o Overhead cables and poles would be visually unsightly
• o Cable installations should be underground
• o Spacing between poles is too close
• o Backwards step for technology moving forward.
• o Would be taller than the street lights
• o Impact upon visual amenity
• o Cluttered view and old fashioned
• o Current telecoms are underground cables fed to properties via ducting
• o Alternative solution have not been explored
• o Would be taller than most properties
• o False information by the applicants
• o Currently all services are buried underground
• o Prevailing westerly winds would be problematic for the poles and wires
• o No image of the overhead cables shown criss-crossing the estate
• o No consultation with residents
• o Siting opposite living room (No.4) windows would be an eye sore
• o Potential for noise from the wind through the cables
• o Cheapest solution is not the best for residents
• o Poles are ugly with junction boxes
• o Backward step for the island
• o Detrimental impact upon living conditions

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (SP1, IP3)
• - Location of the proposal (GP3),
• - Design and visual impact (GP2 b, c, EP1)
• - Impact upon residential amenity (GP2 g and EP22) PRINCIPLE

6.1 The application is submitted by Manx Telecom Limited, essentially due to the lack of available Fibre broadband coverage in the wider residential area of this estate, with customers presently having difficulty in accessing the 'faster' network. The proposed installation of the telegraph poles will have the capabilities to address the provision of providing the service to all properties within the surrounding area as demonstrated on their plan referenced; 2023P-1-2. The proposals also reflect the investment and modernisation of communications to the area but the method of providing the services thought the installation of timber poles and interconnecting cables has raised a number of concerns as noted from the consultation period (para5.4).

6.2 In favour of the proposals is Infrastructure Policy 3 and its supporting text which advises that the maintenance and improvement of the Island's telecommunications systems will necessitate a balance 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. - 6.3 The principle of development also further receives support from the Climate Change Plan 2022-2027 through improved network infrastructure that would allow for increased levels of home/remote working within the wider residential area. The residential catchment here is an important consideration, particularly given the Government's strategy for remote workings and the agent notes; "Good connectivity is vital to support this strategy and ensuring that areas of the island, such as residential areas and have high-capacity reliable mobile services to access the latest in technology is therefore key". - 6.4 The National Broadband Plan then started 1st July 2020, with Manx Telecom, (chosen as the preferred supplier). As part of the Economic Recovery Fund that was announced by Treasury Minister Alfred Cannan MHK, the National Broadband Plan was accelerated from 5 years to 4 years as part of the of many initiatives to be supported under the Economic Recovery Fund. - 6.5 The "need" for the proposal can be substantiated in this instance given the existing telecoms infrastructure located in the immediate vicinity and this proposal seeks to enhance this through the investment with the provision of newer and faster technology that would work towards IP3 and the islands communication goals. LOCATION - 6.6 The site sits just outside of the defined residential settlement boundary of Union Mills / Strang, In terms of development outside of defined settlements General Policy 3 allows for such exceptions through part 'e', mainly for location dependant development in connection with the provision of necessary services. Whilst the land is technically not zoned for development, the general principles contained with GP2 (a-n) offer guidance that specifically addresses those issues affecting existing properties on site and would be considered as general development control principles as discussed below. - 6.7 Ballamillighan sits within a rural area and is essentially a concentrated residential estate with a loop road. On the highway that serves the estate are telegraph poles and cables (presumably electric and telecom) that services the area. This method of providing the infrastructure is not uncommon for rural areas. It is noted within the estate at present there are no telegraph poles or overhead cabling, equally there is little in the way of street lighting by modern standards. DESIGN AND VISUAL IMPACT - 6.8 General policy 2 ensures any visual impact is considered and equally Environmental Policy 1 ensure there is no adverse visual harm to the wider countryside, especially given a mast at 15m could be visible from afar. The proposed design and specific siting of the proposed mast and its associated equipment will be visible on the landscape but needs careful consideration to ascertain whether this would be more detrimental than the current situation or would result in a visual improvement. The opening sentence of Infrastructure Policy 3 is helpful when balancing the need and any visual impact: "A balance must be struck between the need for new, evolving communications systems to satisfy residential and business demand and the impact that the necessary infrastructure will have upon the environment." - 6.9 Once consideration is the proposed location of the 6 poles would be within the pavement on the boundary line that serves those properties as noted in para 2.2, given this and the distance from those residential properties ensures that their residential amenities

• would not be materially affected through any loss of light from over shadowing, overbearing impact through the scale of the proposals or result in a loss of privacy.
• 6.10 Whilst this proposal would be introducing additional street furniture into the streetscape and 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. Whilst the level of objections to the proposals are noted as being from 8/30 dwellings on estate, there will be views of the proposals from dwelling houses, this would be a view and the loss of a view or interruption of a view is not a material planning consideration.
• 6.11 The columns would be read against the context of the residential streetscene and the set at the back of the pavement which would help to reduce their overall visual impact and would not have a detrimental impact upon the countryside (EP1) or the residential estate (GP2c). It is not considered that their visual impact would adversely affect its character and appearance and would have a neutral impact on the streetscene, especially considering the level of development that can be undertaken within the Permitted Development Order 2012, Schedule 1, Part 1 Statutory Undertakings; Class 10 & 12. IMPACT UPON RESIDENTIAL AMENITY
• 6.12 The proposal by its nature being a wooden pole outside of any of the residential curtilages ensures that the residential amenities would not be materially affected through any loss of light, overbearing impact or loss of privacy and as a result of the installation. Whilst noted above there will be views of the proposals from dwelling houses, this would be a view and the loss of a view or interruption of a view is not a material planning consideration as previously mentioned. As such this aspect would accord with GP2g and Environmental Policy 22.
• 6.13 In terms of the proposals it will in places limit the width of the pavement but only for a short distance, it is noted Highways services do not oppose the proposals for marginally narrowing the pavement and the clearance height of the cabling of 5.5m above the road is acceptable.
• 6.14 On balance, the benefits of providing the required equipment to increase network coverage are considered to outweigh the limited visual harm resulting from the development, particularly in the context of the Government's ambition to improve public infrastructure and promote remote/home working as part of the Government's plan to achieve net zero status for the Island by 2050.
• 6.15 On this basis, it is considered that the proposal would not create any visual harm or intrusion into the site and surrounding area and would conform to those parts of Strategic Policy 1, General Policy 2(b,c,g) and Infrastructure Policy 3.

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 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:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;

• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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: 12.02.2024

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.