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Appeal Ref: AP25/0025 Planning Application No: 25/90377/B __ Page | 1

Report by Mrs Jennifer Vyse DipTP, MRTPI, DipPBM on a Planning Appeal - Written Representations Case Site Inspection carried out on 22 September 2025 __

Appeal Ref: AP25/0025 Planning Application No: 25/90377/B Application Site: Slieau Dhoo, Tromode, Douglas IM2 5LF The appeal is made by Manx Telecomm against the decision of DEFA Planning to refuse planning permission for the installation of four telegraph poles to supply fibre communications to Nos 45-51, 115-119 and 123-125 Slieau Dhoo, Tromode.

PREAMBLE

1. This Report provides a brief description of the appeal site and its surroundings, the proposal the subject of this appeal and relevant policy. The cases for the appeal parties are then summarised, fuller details being available for reference in the appeal case documents. My assessment, conclusions and recommendation follow. The plans that have informed my recommendation are listed at Annex A below.
2. An application for four telegraph poles to supply fibre communications elsewhere on the Tromode estate (Eary Veg and Cronk Liauyr) was refused by DEFA Planning at the same time as the instant application.1 Both are the subject of appeal. I confirm, in this regard, that I have considered each application separately, on its own planning merits.
3. Some of the representations refer to a lack of engagement by the appellant with local residents. However, that is not a matter for me as part of this appeal, which can only consider the planning merits of the respective cases. DESCRIPTION
4. Slieau Dhoo2 is a residential road within the wider Tromode estate. The dwellings here generally present a mix of traditional bungalow and chalet bungalow frontages to the road here, set behind driveways and front gardens with a low dwarf wall along the back of the footways. Those on the northeastern side of the road are at a higher level than those on the southwestern side, with those lower properties presenting a two-storey elevation to the rear, reflecting the falling ground levels. Existing street furniture includes four lamp columns (around 4-5 metres in height)3 along the southwestern side of the road, all of which are set at the back of the footway.
5. It is proposed to erect four x 7-7.5 metre high4 timber telegraph poles along the southwestern side of the road. The poles, with a diameter of 0.25-0.3 metres, would be sited at the back of the footway. The poles, and the

1 Application No 25/90376/B Appeal Ref AP25/0024 2 Shown as Cronk-ny-Greiney on Government maps. 3 Officer’s report paragraph 6.19 4 Height above ground level. The supporting material refers to the poles as being 9 metres in height. However, as shown on plan No 2023P-0-0, 1.5-2 metres of that would be below ground, leaving 7-7.5m above ground.

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associated overhead lines, are intended to facilitate provision of the Island’s ultra-fast fibre broadband network to Nos 115-119, 123-125 and 45-51 Slieau Dhoo. RELEVANT PLANNING POLICY AND GUIDANCE Area Plan for the East (2020) 12. The poles would be sited within an area is designated as predominantly residential. 13. One of the Plan objectives within Chapter 7 ‘Transport and Utilities’, is to provide and support the best quality telecommunications networks and to support the economy by doing so. Section 7.13 of the Plan deals specifically with Telecommunications and is generally supportive of the expansion of telecommunications networks across the Island. Paragraph 7.13.5 advises that ‘In order to optimise the existing network, replacement and upgraded systems should seek to utilise existing infrastructure, however, this is not a reason to discourage or prevent investment in different types of networks and network infrastructure. It is recognised that the operational requirements of telecommunications networks and the technical limitations of the technology may make this impossible...’ Isle of Man Strategic Plan 2016 14. General Policy 2 is supportive of development that accords with the relevant land-use zoning subject to various development criteria. Together and among other things, criteria b), c) and g) seek to protect the character and appearance of an area. Criterion h) seeks to secure safe and convenient access for all highway users. 15. Infrastructure Policy 3 requires that a balance be struck between the need for new, evolving communications systems and the impact the necessary infrastructure would have upon the environment. It also requires the removal of redundant infrastructure. Residential Design Guide (2021) 16. The aim of the Guide is to improve the quality of the built environment. Although aimed at new dwellings and extensions, Section 7.4 confirms that any development should ensure that the outlook for existing residents is not impacted adversely by overbearing structures and that development should not be dominant or have an adverse impact on the primary windows of a primary habitable room, or on a private garden. National Telecoms Infrastructure Committee Report (2017) 17. The Report concludes that "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"

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National Telecommunications Strategy (2018) 18. The Isle of Man Government makes it clear that enhanced telecoms infrastructure is a top priority, and fully supports the development of a telecoms infrastructure that meets the needs of both business and the public, now and into the future. Pursuant to that, the Strategy sets a direction of travel by which the Island’s telecom infrastructure can be recognised as being world class, including a National Broadband Plan. 19. The National Broadband Plan outlined in the Strategy, seeks to achieve

99% ultrafast broadband coverage, to enable over 40,000 premises (residential and commercial) to have 'access' to the fibre network. Our Island Plan (updated March 2025)

20. Over the lifetime of the Plan, it is anticipated that the rollout of the National Broadband Plan will be completed, driving 99% broadband availability Island-wide, so that all parts of the economy and society can benefit from modern and ultrafast internet capability. Manual for Manx Roads (2021)
21. Among other things, the Manual seeks to maintain a safe highway network for all users. THE CASE FOR MANX TELECOM (APPELLANT) The material points are:
22. As the Island's fibre network continues to expand, the Copper Switch-Off programme will see the decommissioning of the outdated infrastructure by 2029, after which all services will be delivered through the fibre network. The 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.
23. Distribution of the network can be deployed both above and below ground. Where there is existing underground or overhead infrastructure, this will always be used to install fibre. Where available, above ground fibre will be distributed using Manx Telecom or Manx Utility Authority Electricity poles. On occasion, where there is no existing underground ducted or overhead infrastructure, new telegraph poles are the preferred delivery method.
24. Where possible, we do share infrastructure to reduce visual impact and avoid the need for new deployments, but there is no other infrastructure we can share within the estate that allows Manx Telecom to meet the design requirements. Slieau Dhoo does not have sufficient existing underground ducting to use and 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. Accordingly, the installation of four telegraph poles is required and make fibre available to this part of the estate.

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Design and Placement Considerations 25. The proposed poles have been carefully sited to minimise intrusion into pedestrian pathways and to maintain the functional width of footways. Although the existing footways do not meet the current highway standards, Highways Services did not object to this application, commenting that the proposal would 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.” 26. The design for this scheme has been informed by the Telecommunications Poles Working Group Best Practice Recommendations. We also took on board the advice in the Cabinet Siting and Pole Siting, Code of Practice, Issue 2; November 2016. (UK Guidance for best practice). To that end, the proposed poles have, where possible, been positioned close to the boundaries between properties. Visual Integration and Character 27. Wooden telegraph poles are a longstanding and familiar infrastructure feature in residential areas across the Island. Manx Telecom currently utilises 2,487 of its own telegraph poles and attaches to approximately 2,500 poles from Manx Utilities’ estate Island-wide. 28. The scale and height of the poles are proportionate to their function, meeting current standard of clearance height across the carriageway. They are not excessive when compared to other street furniture, such as lighting columns. This approach reflects established practice across the Island and supports the continued rollout of high-speed connectivity in line with national infrastructure goals. 29. The proposal aligns with the relevant clauses of General Policy 2. In relation to part b), the development respects the character and appearance of the surrounding area by using materials and forms that are sympathetic to the existing built environment. In relation to part c), the installation would not result in unacceptable harm to the amenity of the area, and any visual impact is mitigated through careful siting and design. As for part h), the infrastructure supports essential utility services, contributing to the Island’s connectivity and resilience, which is a key objective of sustainable development. Previous Planning Applications 30. The appealed application received a recommendation for approval from the Planning Officer. Manx Telecom has also previously submitted applications and received approvals for poles on the Ballamillaghyn Estate, Mount Rule (23/01236/B), Riverbank Road, Ramsey (24/00258/B) and Ballasteen Drive, Andreas (24/00445/B). All of these were approved by the Planning Committee and were therefore deemed to comply with relevant planning policies and align with strategic infrastructure goals. 31. The house type, topography and dwelling density at Ballamillaghyn is similar to the instant appeal. Some 87% of properties within that estate have now moved on to the new fibre network, notwithstanding that during the planning process, some 28% of residents objected to the new telegraph poles. In fact

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100% of the objectors have moved on to the new fibre network. However, despite a similar infrastructure and planning context, whilst the poles on Riverbank Road, Ramsey were approved, an application for poles on Fairways Drive, also in Ramsey, was refused. Similarly, whilst the proposed poles at Ballasteen Drive, Andreas were approved, an application for poles on Larivane Close, also in Andreas, was refused.5 It would seem, therefore, that visual impact assessments are subjective, with no clear threshold for what constitutes a negative impact. There is a lack of uniform criteria for assessing visual impact, with variable interpretation of General Policy 2. Summary 32. Manx Telecom recognises the importance of balancing infrastructure improvements with the preservation of local character and amenity. However, the benefits of delivering enhanced broadband and fibre connectivity - particularly in areas currently not served by fibre today - significantly outweigh the limited and localised visual impact associated with the proposed development. 33. The installation of telegraph poles is a necessary component of expanding our network coverage and delivering reliable, high-speed connectivity to homes and businesses across the Island. These improvements directly support the Isle of Man Government’s strategic objectives as outlined in Our Island Plan, the National Telecommunications Strategy, and the National Broadband Plan. In that context, greater material weight should be given to the long-term public benefit of improved digital infrastructure. 34. The proposed development aligns with national policy priorities and would contribute to the Island’s economic resilience, social inclusion, and technological advancement. THE CASE FOR DEFA PLANNING6 The material points are: Visual Impact 35. Members noted that the use of wooden poles for the provision of fibre internet was not evident anywhere else within the wider residential estate. It is likely, in this regard, that the remainder of the estate is serviced by an underground network of telecom ductworks which connect to each property. Members were concerned as to why these few properties could not be served by an engineering solution that accommodated the cables underground, like the remainder of the residential estate. 36. Members also noted that the proposed telegraph poles and associated cabling would be visible together within the street scene, a street where at present there are no telegraph poles. The array of cabling that would criss- cross out from the poles to the individual properties was considered a backwards step in service delivery and collectively would look out of place.

5 INSPECTOR’S NOTE: Both the refused applications were recommended for approval by the planning officer and both were the subject of appeals which were withdrawn prior to determination. 6 Although recommended for approval by officers, Members voted to refuse permission.

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37. There was also concern that the height of the poles would be dominant in the streetscape, being materially greater than the surrounding dwellings, particularly those on the southwestern side of the road. Their size, combined with their location within 20 metres of primary windows facing the poles, means that they could have an overbearing impact on residents. On balance, the proposal was broadly considered to result in a harmful visual impact that would negatively affect the character of the street scene. Pedestrian Safety
38. Members were concerned that the siting of the poles would restrict the width of the footway, creating pinch points in places that would compromise the safe and convenient movement of pedestrians, contrary to the provisions of General Policy 2h). Living Conditions
39. Although not reflected in the reason for refusal, the development proposed is considered to be visually intrusive and overbearing, bringing it into conflict with General Policy 2g), which specifically deals with impacts on residential amenity. That impact is reflected in the level of local opposition to the proposal.
40. Section 7 of the Residential Design Guide requires that regard to be had to impacts of a development on neighbours. Further consideration needs to be given in this regard, to potential overbearing impact on outlook from the physical presence of the poles in the public interest, and whether this would feel oppressive because of their installation within the footways on this quiet estate road. Should an overbearing impact exist due to the proximity of the proposed development, it would affect outlook from nearby dwellings. An assessment would then need to be made as to whether this change would be harmful to the living conditions of local residents. OTHER PARTIES
41. Residents of Slieau Dhoo: Slieau Dhoo is located in the middle of an estate and currently features no street furniture, other than four street lights. Importantly, there are no telegraph poles or overhead cabling anywhere on the estate. All utilities, including broadband, are provided via underground cabling.
42. Given the absence of existing infrastructure and the current open aspect and visual simplicity of the street scene, the poles and their associated overhead cabling on this residential street would represent a significant and incongruous change to this otherwise unobstructed and pleasant environment, with rural views and open aspects. This would create an area that is totally out of character with the rest of the estate, negatively affecting the visual amenity of the estate and diminishing the overall aesthetic quality of the area. That there may be any number of telegraph poles elsewhere on the Island does not justify their installation here.
43. The application and officer’s report suggest that the poles would be more than 20 metres away from primary windows. That is incorrect. A number of the poles would be around 10 metres away from primary, road-facing

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windows to living rooms and dining kitchens, leading to loss of light and privacy. 44. The officer’s report also describes the properties here as bungalows and dormer bungalows, when the majority are substantial houses, with the properties being built into a hillside. The poles and cables would be level with the houses on one side of the road, impacting on their outlook, and would tower above those on the opposite side. The cables would create a very enclosed feel to what is currently a wide open space between properties. 45. Although Highway Services did not object to the proposal, the poles would intrude as they would be fully within the footway, intruding further than existing street furniture, creating issues for disabled access and those with prams and pushchairs. 46. Manx Telecomm seek to compare this estate with the Ballamilllaghyn estate, an area where planning permission has been granted for the erection of telegraph poles. However, the estates are fundamentally different. Moreover, that application covered the whole estate, not a small part as is the case here, where the development would make Slieau Dhoo appear totally out of harmony with the surrounding area and create a huge negative impact. 47. There are alternatives to outdated, intrusive telegraph poles and cables, which appear to have been ignored on the grounds of cost, rather than truly considering the needs to provide a future-proofed fast and reliable broadband service. Costs should not be a consideration sufficient to overturn the decision of the Planning Committee. 48. This is not a hard to reach area. We are in Douglas, the capital of the Island, in the middle of a housing estate. Properties just around the corner are being connected using underground cabling, without the need for poles. This should continue throughout the estate, to keep the visual attractiveness of the estate uniform. OTHER REPRESENTATIONS RECEIVED 49. Douglas City Council: no objection. 50. DoI Highway Services: no objection. 51. Seventeen comments of objection from local residents were submitted in response to the planning application, mainly those resident on Slieau Dhoo. The objections raised are generally reflected in the residents’ comments set out above. Additional concerns related to: • susceptibility to storm damage • bird strikes • impact on property values • potential health issues • conflict with trees and bushes.

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ASSESSMENT BY THE INSPECTOR 52. The main issues in this case relate to: • the effect of the development proposed on the character and appearance of the area; • its impact on pedestrian safety; and • its effect on the living conditions of local residents, having particular regard to outlook. Character and Appearance 53. Manx Telecom confirms that distribution of the Island’s ultra-fast fibre broadband network can be deployed both above and below ground. Where there is existing underground or overhead infrastructure, this will be used to install fibre. On occasions where there is no existing underground ducting or existing overhead infrastructure, then new telegraph poles are the preferred delivery method (my emphasis). 54. It would seem that at present, all utilities, including broadband, are provided throughout the Tromode estate via underground cabling. Apparently however, the capacity of the existing underground ducting along Slieau Dhoo is not sufficient to accommodate the new network, resulting in this application. 55. The Tromode estate, which occupies an elevated position to the north of Douglas, is characterised in no small part by long, wide ranging views along the residential estate roads (including Slieau Dhoo) towards the surrounding hills. Those views, and the character of the estate generally, are enhanced by the lack of visual clutter in terms of street furniture, in particular the notable absence of telegraph poles and overhead cabling. 56. Whilst there are lamp posts along the estate roads, they comprise slender columns some 4-5 metres in height that are generally unobtrusive in the street scene. In contrast, the proposed poles would be materially higher and with a greater diameter than the slim lamp columns. At some 7-7.5 metres in height above ground level, each with climbing steps at the top to within 4.5 metres from the ground the poles would, of themselves, be much more substantial features. Not only would they tower above the single storey frontages to the lower properties on the southwestern side of the road, but each pole would be connected to its neighbour by an overhead cable, with further overhead cables fanning out from each pole to properties on both sides of the road. That cabling, together with the poles, would materially reduce the high quality, currently open and uncluttered character and appearance of Slieau Dhoo. 57. I recognise that telegraph poles are a common feature in many areas on the Island, but every application falls to be determined on its own merits in the light of site-specific circumstances. The appeal site in this instance, is an integral part of an estate that has been purposely designed, it would appear, such that all utility services are below ground. That arrangement facilitates the estate’s particularly open and uncluttered character and appearance. In the current, uncluttered street scene, the proposed poles and associated cabling would be seen as particularly prominent and intrusive features. As such, even though the site is not within a Conservation Area, or subject to

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any other design constraints, I consider that the poles and overhead cabling would be seen as unduly prominent and intrusive features that would fail to integrate well with the surroundings. That adverse impact would be exacerbated, given the obvious absence of such infrastructure in neighbouring streets or indeed elsewhere within the estate. As a consequence, there would be significant harm to the established character and appearance of the area, contrary to the provisions of General Policy 2b), c) and g) and Infrastructure Policy 3, which together and among other things seek to ensure that new development respects the site and its surroundings. 58. In support of the appeal, my attention is drawn to the planning approval for poles on the Ballamillaghyn Estate. However, that is a much smaller estate than Tromode, with the application in that case relating to the whole estate, not just one part of it. Moreover, whilst the surrounding hills are seen, I saw that the views along the estate roads there are not as wide ranging as they are on Slieau Dhoo, in part because there are not the same changes in ground levels there. Consequently, it is not directly comparable to the appeal scheme and does not provide justification for the current proposal. Pedestrian Safety 59. The Manual for Manx Roads confirms that the width of footways should reflect their likely usage. It advises that whilst a minimum unobstructed width of 2 metres is required for most footways in residential areas, a narrower 1.2 metre width may be permitted over short distances where the speed limit is 30 mph or less. 60. As confirmed by DoI Highway Services, at least 1.2 metres footway width would be maintained between the proposed poles and the kerb, ie over a very short distance in each instance. Moreover, this is a short stretch of residential estate road, where traffic speeds would be expected to be around 30 mph or lower. No evidence is before me to indicate that that is not the case. 61. Given that context, I consider that there would be no material harm in terms of pedestrian safety and no conflict with General Policy 2i), which seeks to protect such interests. Living Conditions 62. The proposed poles would be sited within the footway on the boundary between properties on the southwestern side of the road. As a consequence, whilst they would be seen, they would not generally be sited directly in front of a front facing window at those properties. The properties on the opposite side of the road are at a higher level, with commanding views of the surrounding hills, across the tops of the lower dwellings opposite. The poles and overhead cabling would be clearly seen from the front facing windows to those properties,7 intruding into those views. However, it is well established in planning law that there is no right to a private view (unlike public views and the overall character of an area, as discussed above), planning being a means of controlling land in the public, not private interest.

7 I viewed the site from the front rooms of Nos 118 and 124 during my site visit.

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63. Whilst loss of outlook, also referred to by objectors, can be a material planning consideration, that relates to development that might have an overbearing impact resulting in an oppressive living environment for residents. In this case, even though the poles may be within 10 metres of, and would be taller than, the properties on the southwestern side, and would be seen at a greater distance from primary, front facing windows to habitable rooms on properties on the opposite side of the road, I am not persuaded that they would be experienced necessarily as an unacceptably overbearing or oppressive form of development that would be materially harmful to outlook.
64. All told, I find no harm in terms of living conditions for local residents as a consequence of the development proposed. There would be no conflict in this regard, with General Policy 2 b), c) and g), which seek to protect such interests. I find no conflict either with the thrust of the Residential Design Guide. Other Matters
65. Susceptibility to storm damage and the risk of bird strikes is a risk for all overhead utilities. There is no substantiated evidence before me in this regard, to demonstrate that this is a particular problem on the estate, or that it otherwise tells against the proposal.
66. As for potential de-valuation of properties were the appeal to succeed, it is well-established that this is not a matter that can properly be taken into account as a material planning consideration within the remit of this appeal. Other matters of concern raised by local residents reported above are dealt with in the Officer’s report.
67. The appellant refers to a perceived inconsistency in the decision making process, with some applications for new poles approved, with others in the same parish refused. I do not know the particular circumstances of each of those decisions and what might have distinguished one from another in a similar area. However, as I set out at the start, each application falls to be considered on its own particular planning merits, in the light of site specific circumstances, which is what I have done here. CONCLUSION AND RECOMMENDATION
68. The appeal scheme aims to help facilitate delivery of a replacement for the Island’s existing copper cable network as part of the expansion of the Island’s ultra-fast fibre broadband network. There is strong Government support for the proposal in this regard through, among other things, the National Telecoms Infrastructure Committee Report, the National Telecommunications Strategy, the National Broadband Plan and the Our Island Plan.
69. However, that doesn’t mean any telecoms development anywhere is appropriate. I have found no material harm in terms of living conditions for local residents or in terms of highway safety. However, the absence of telegraph poles and overhead cabling is a distinctive designed feature of the whole estate that is integral to its open, uncluttered character. Given that context, I find that the development proposed would have an unacceptable

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impact on the established character and appearance of the area, bringing it into conflict with the relevant policies. On the evidence before me, the greater costs to the appellant (and indeed local residents) of delivering the service underground (which appears to be an alternative) does not outweigh the significant harm that I have identified. 70. So, for the reasons set out above, and having considered all other matters raised, I conclude on balance that the appeal should be dismissed. If the Minister agrees, this would have the effect of upholding the Authority’s decision to refuse permission. Reason: An attractive and defining characteristic of the Tromode estate is the absence of clutter in the street scene. In that context, the proposed telegraph poles and associated overhead cabling would be seen as incongruous and intrusive additions which would significantly detract from the established character and appearance of the area. That there might be additional costs associated with providing the fibre network below ground is insufficient reason in this instance to outweigh the material harm that I have identified. There would be conflict with General Policy 2b), c) and g) and Infrastructure Policy 3 in this regard, which together and among other things seek to ensure that new development respects its site and its surroundings. 71. Should the Minister disagree and be minded to allow the appeal, recommended conditions are set out at Annex B below. They reflect those suggested by DEFA Planning.

Jennifer A Vyse Independent Inspector

23 October 2025

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ANNEX A List of plans on which my recommendation is based

Wooden Pole Measurements and Furniture 2023P-0-0 Red Line Plan 2023P-2-1 Location Plan 2023P-2-2 Pole 1 Site Plan 2023P-2-3 Aerial photo Pole 1 Location 2023P-2-4 Photomontage Pole 1 2023P-2-5 Pole 2 Site Plan 2023P-2-6 Aerial photo Pole 2 Location 2023P-2-7 Photomontage Pole 2 2023P-2-8 Pole 3 Site Plan 2023P-2-9 Aerial photo Pole 3 Location 2023P-2-10 Photomontage Pole 3 2023P-2-11 Pole 4 Site Plan 2023P-2-12 Aerial photo Pole 4 Location 2023P-2-13 Photomontage Pole 4 2023P-2-14

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ANNEX B Recommended conditions

C1. The development hereby approved shall begin before the expiration of four years from the date of this decision. 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. C2. Unless otherwise agreed in writing by DEFA Planning, the wooden telegraph poles hereby approved shall be removed within six months of them no longer being required for telecommunications purposes, and the land restored to its condition before the development took place, so far as is practicable. Reason: In the interest of visual amenity and to comply with Strategic Plan Infrastructure Policy 3. --End of Schedule--