MESSAGE FROM PETER RICHARDS, HEAD OF PLANNING

Dear Councillors,

I am writing to you in relation to proposals for telecommunications infrastructure across the borough.  A number of you have contacted us in the Planning Service recently either because of site notices related to applications for telecommunications infrastructure that we have received or because you have seen notices from telecommunications operators themselves or have been contacted by residents who have been written to about proposals by a telecommunications operator.

Many of the enquiries relate to proposals by one particular operator, a company called IX Wireless who are particularly active rolling out a network of infrastructure across the borough at the moment, but we are aware of proposals by a number of other operators as well.

As such, first of all, I want to give a brief overview of what the council as local planning authority can (and can’t) do in relation to such proposals.  Ultimately, just for clarity, these proposals are not proposals of Oldham Council.  The council does not install, manage or operate such infrastructure and has limited control over the installation of such infrastructure in the borough.  Telecommunications operators (also known as “code operators”) are responsible for this and we have limited control over their proposals.

Most telecommunications infrastructure (including fibre and wireless infrastructure) benefits from what is known as “permitted development rights” under national legislation on Planning, which means that an operator does not need planning permission to erect much of the infrastructure they might want to install.  Some infrastructure is put in ducts under the ground, but much of the cabling infrastructure is still above ground.  For infrastructure like new telegraph poles under 15m in height, the permitted development rights are such that the operator does not even need to notify the council as local planning authority.  They may need to request a permit from the council as highways authority, where the infrastructure is on adopted highway, but the council cannot withhold that permit unless the proposed infrastructure would create a highway safety issue or block an access.

However, some of the infrastructure involved is a form of permitted development that does require what is known as “prior approval” from the council as local planning authority before the operator can install the infrastructure.  Where we receive an application for prior approval, the council is required to either notify neighbours immediately affected or put up a site notice as close as possible to location of the proposed infrastructure (usually on a lamppost).  We also publish the application on our website, and members of the public can comment on the proposal.  However, even on these prior approval applications, the council can only raise concerns in relation to matters of “siting” and “visual appearance” and must not act unreasonably in considering the application, and so the council is limited in its ability to refuse prior approval applications.  Notably, we cannot refuse prior approval on the basis of need, as it is not within our powers to suggest that such infrastructure is not needed, and we cannot require an operator to put infrastructure under the ground instead.

As I mentioned above, one particular operator that is very active at the moment is IX Wireless, who focus on wireless broadband infrastructure.  It is understood that they are continuing to expand their network following deployment in other areas, including Bolton and Salford and a number of Lancashire towns.  Some of you have approached us about specific sites already – as have a number of residents – in response to survey works being undertaken on the highway by or on behalf of IX Wireless to determine whether the locations are suitable for their infrastructure and, more recently, site notices put up by IX Wireless and letters sent directly to residents by IX Wireless.  

According to IX Wireless’ own website, their infrastructure to deliver broadband services works as indicated in the following diagram:

IX Wireless’ proposals in Oldham revolve around the installation of new “telegraph poles” and new “street poles” and the associated cabinet.

Linking to the above general guidance on telecommunications infrastructure, permitted development rights would enable the proposed “telegraph poles” to be installed without the need for any approval(s) from the council as local planning authority.  Typically, the telegraph poles are wooden poles around 8m to 10m in height (though they can be as tall as 15m, depending on what other infrastructure and buildings and trees are in the locality) and are required simply to support fibre cables similar to those installed by Openreach recently in some areas to provide “Fibre To The Premises” (FTTP).  We understand from IX Wireless that they are looking to install approximately 850 telegraph poles in the borough.  Despite concerns about their appearance and the number of poles, these telegraph poles are ‘permitted development’ and, unfortunately, are outside of the control of the local planning authority, but we have asked IX Wireless to keep us informed of where and when they are rolling these telegraph poles out and to give us details of the poles as they roll them out.

However, the 35 “Street Poles” proposed in Oldham are a little different.  Firstly, they will be closer to 15m high in all cases, and constructed of metal, and they may also have cabinets associated with them.  Secondly, if these poles are intended to support antennas (as depicted in the image above from IX Wireless’ website) to provide wireless services they must first successfully apply to us for ‘prior approval’ for the subject matters of ‘siting’ and ‘appearance’.  

At this time, in the conversations officers have had with the operator, IX Wireless are suggesting that no antennas are proposed but we have still advised them to submit prior approval applications to us for the street poles, and they appear to have accepted that advice.  As such, there may be prior approval applications submitted in the near future for street poles by IX Wireless in various parts of the borough.

In the meantime, we thought it appropriate to share our knowledge and experiences with you in the first instance so that you are informed about the proposals and the challenges they present, as you may be approached by local residents.  If you become aware of any activity in relation to the erection of such a “street pole” in your ward, please do let us know, so that we can investigate if the operator has not submitted a prior approval application.  However, as stated earlier, if the works are associated with one of the “telegraph poles”, this is permitted development and the operator does not need planning permission from the council to install these smaller-scale poles which allow cabling to be provided across the borough.

I hope the above is helpful to you, but please do get in touch if you have any queries.

Kind regards,

Peter Richards

Head of Planning