Loading document...
==== PAGE 1 ====
25/90377/B
Page 1 of 13
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90377/B Applicant : Manx Telecom Proposal : Installation of 4 telegraph poles to supply fibre communications to 115-119, 123-125 and 43-51 Slieau Dhoo Tromode Site Address : Slieau Dhoo Tromode Douglas Isle Of Man IM2 5LF
Senior Planning Officer: Jason Singleton Photo Taken : 12.06.2025 Site Visit : 12.06.2025 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.06.2025 __
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 decision relates to drawings and supporting information received on 10th April 2025.
__
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
==== PAGE 2 ====
25/90377/B
Page 2 of 13
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: Slieau Dhoo; No's; 43, 44, 45, 46, 47, 48, 50, 51, 114, 116, 118, 119, 121, 123, 124; 70 Cronk Coar; 60 Cronk Ny Greiney __
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 Slieau Dhoo, Tromode (or Cronk-Ny-Greiney as shown on Govt maps). The site sits within a wider residential estate and is broadly accessed from Slieau Dhoo to the south east and Cronk-Ny- Greiney to the north. 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 is a through road and not a cul- de-sac.
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.
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 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 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;
o Pole 1 OS 44 & 45 Slieau Dhoo o Pole 2 OS 46 & 47 Slieau Dhoo o Pole 3 OS 48 & 49 Slieau Dhoo o Pole 4 OS 50 & 51 Slieau Dhoo
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
==== PAGE 3 ====
25/90377/B
Page 3 of 13
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 (17 properties) to the new telegraph pole are properties referenced; 115-119, 123-125, 43-51.
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.
3.0 PLANNING HISTORY 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;
o 23/01236/B - 1-29 Ballamillagyhn Estate Mount Rule Douglas. o 24/00258/B - 22 - 28 Riverbank Road Ramsey. o 24/00445/B - 2-8 Ballasteen Drive, Andreas
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".
o 24/00259/B - Thornhill Park Ramsey. o 24/00234/B - Fairways Drive, Ramsey o 24/00227/B - Claughbane Estate, Ramsey o 24/00257/B - Marlborough Crescent, Ramsey o 24/00330/B - Ballalough Estate, Andreas o 24/00260/B - Ballaterson Fields, Ballaugh o 24/00331/B - Howe Road, Onchan o 24/00328/B - Larivane Close, Andreas
4.0 PLANNING POLICY 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: a) Make provision for fibre optic cables directly to each dwelling or commercial premises. b) Within Comprehensive Treatment Areas (see Chapter 13), be phased so as to ensure that telecommunications structures are installed efficiently and will avoid ongoing disruption to site foundations. c) Design facilities so as to be able to host equipment from more than one operator, and that such sharing be encouraged. d) Demonstrate that the proposal has taken into account radio networks in particular those used by the emergency services (TETRA).
==== PAGE 4 ====
25/90377/B
Page 4 of 13
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 1 Named service centre (Douglas)
General Policy 2 General Development Considerations (b,c,g,i,m)
Environment Policy 22 (iii) Safeguarding the environment and/or the amenities of surrounding properties
Infrastructure Policy 3 Need for communications infrastructure versus environmental impacts
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). Schedule 1, General Conditions, paragraph 6; Development on or adjacent to a pavement must not take place- (a) if the existing width between the up-stand of the kerb or any existing street furniture is 1500mm or less; or (b) in any other case, if doing so would reduce that width to less than 1500mm.
Schedule 2, Part 2 Telecommunication Structures - Table 2; Class 2 Telecommunications Structures on Land - Conditions or limitations; 1 No part of the development may be within a conservation area. 2 No part of the development may be within 9 metres of a designated watercourse. 3 No part of the development may be within 20 metres of a primary window unless it would be behind the elevation that contains the window. 4 No part of the development may exceed - (a) 15 metres in height; or (b) 0.3 metres in diameter
OTHER MATERIAL CONSIDERATIONS 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".
==== PAGE 5 ====
25/90377/B
Page 5 of 13
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; o Page 19; "The National Broadband Plan continued, with over 75% of targeted homes passed, so supporting ongoing continued investment to deliver 99% of all homes fibre ready".
o Page 27; "Complete the rollout of the National Broadband Plan, driving 99% Fibre Broadband available Island wide such that all parts of our economy and society can benefit from modern and ultrafast internet capability".
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 Seventeen comments of OBJECTION, have been received from a number of properties in the street scene against the proposals, namely from; (numbered below); Slieau Dhoo; No's; 43, 44, 45, 46, 47, 48, 50, 51, 114, 116, 118, 119, 121, 123, 124;
==== PAGE 6 ====
25/90377/B
Page 6 of 13
70 Cronk Coar; 60 Cronk Ny Greiney who between them raise the following material planning considerations that have been thematically categorised;
General Development impacts; o Will change the aesthetics and be detrimental to the estate o Installation should be buried underground o Loss of visual amenity & visual intrusion o Loss of a view and outlook from their properties o Could be susceptible to storm damage o Cheapest solution and no viability has been proposed o Negatively affect property valuations o Most of the estates cables are under ground, why not here o Will be an eyesore in the street o Poles and cabling will be unsightly o Poles will be ugly and will ruin the character of this area o Potential for bird strikes and danger to wildlife from the cables o Poles will be taller than the houses and unsightly o Poles will allow other utility providers to use them creating clutter o Poles would be a backwards step o Detrimental impact upon the residents' quality of life o Star link is more viable and less intrusive o Previous applications have all been refused o Concerns at pole 4 and cable heights across the driveway o Images are misleading and would cause a visual obstruction o Potential health issues from the overhead wires o Proposals are not in the residents' interests o No residential engagement from Manx Telecom o Potential for conflict with tall trees and bushes
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 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.
==== PAGE 7 ====
25/90377/B
Page 7 of 13
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" (Douglas 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".
==== PAGE 8 ====
25/90377/B
Page 8 of 13
6.11 Noting the above commentary from the applicants, the defined residential catchment of Douglas 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 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.
==== PAGE 9 ====
25/90377/B
Page 9 of 13
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 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 and their cabling above, where at present there are no telegraph poles, but they will not be 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 and it is accepted at present there are no telegraph poles in the streetscene. However, the introduction of the poles and cabling would be different and 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 criticisms as noted from the level of objection from affected residents.
6.21 Equally the proposals would be read against the residential context of the streetscene where the pole height would broadly be higher in height than ridge of the surrounding properties (bungalows) as to would the cabling between the poles and the properties which would be 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.
6.22 Whilst this proposal would be introducing additional "street furniture" in addition to the exiting street lighting into the streetscape of bungalows where at present there is no wooden telegraph poles, they would equally be visible from within those respective properties facing onto the poles. However, this visual aspect could be more aligned with an individual's view and outlook. 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.
6.23 Furthermore it must be acknowledged that the level of development that can be undertaken within Statutory Undertakings as part of the Permitted Development Order 2025, 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.
6.24 In terms of similar applications we can cross-reference to former planning applications on the Island (noted in planning history above) which proposed the same method of installation of fibre broadband via wooden telegraph poles and has now been approved and implemented in Ballamillagyhn Estate.
6.25 When visiting Ballamillagyhn, the telegraph poles have been installed and the suspended cabling evident that is now connecting approx. the majority 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 Broadband 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.
==== PAGE 10 ====
25/90377/B Page 10 of 13
6.26 On balance, the overall siting of the poles and their inherent cabling 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 6.27 As part of the application the applicant notes; "In parallel to submitting the application, we will write to and inform the following parties: Slieau Dhoo residents - Information letter outlining the planning application been submitted. Douglas City Council - Letter informing of application". 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; "Slieau Dhoo does not have sufficient existing underground ducting to use and therefore to make fibre available to the estate, the installation of four telegraph poles is required".
6.29 In terms of alternative options that have been considered the applicants have noted the following; o "Underground duct/trenching - It is uneconomical to provide new underground ducting in the footpath or carriageway. Property owners would also have additional cost to extend ducting across their land to reach the property".
o "Sharing other infrastructure - Where possible we share infrastructure to reduce the visual impact and avoid the need for new deployments. There is no other infrastructure we can share within the estate that allows Manx Telecom to meet the design requirements".
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 seventeen properties to be connected, there are seventeen 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.
==== PAGE 11 ====
25/90377/B Page 11 of 13
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.
PUBLIC HEALTH 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.
7.0 CONCLUSION 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: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
==== PAGE 12 ====
25/90377/B Page 12 of 13
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): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
__
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.
==== PAGE 13 ====
25/90377/B Page 13 of 13
PLANNING COMMITTEE DECISION 30.06.2025
Application No. : 25/90377/B Applicant : Manx Telecom Proposal : Installation of 4 telegraph poles to supply fibre communications to 115-119, 123-125 and 43-51 Slieau Dhoo Tromode Site Address : Slieau Dhoo Tromode Douglas Isle Of Man IM2 5LF
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". __
Reason for Refusal
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
Copyright in submitted documents remains with their authors. Request removal