Ensuring the wide availability of high-speed broadband is a central part of the Government’s National Infrastructure Strategy. To assist this, the Government has introduced legislation that enables the fast and cost-effective roll-out of digital technology. Part of the legislation limits the role of local authorities to the siting and appearance of telecommunication infrastructure only.
House of Commons Library - Building broadband and mobile infrastructure
One of the main ways of installing telecommunications to properties is via underground cabling. Cables generally run from central data facilities, along the highway and straight into properties. These then connect straight into routers and provide wireless broadband within the premises.
The other main method of supply is via wireless telecommunications. Signals travel from antennas to wireless devices such as phones and domestic receivers, provide wireless connectivity. The cabling to the masts that host the antenna are normally underground.
IX Wireless are a company that is seeking to provide digital infrastructure to towns and cites across the North West (including Bury). The company is currently in the process of providing telecommunications using a slightly different approach than the traditional operators.
The company proposes to install telecommunication infrastructure via a number of:
- Transmitting masts: IX Wireless has indicated that they propose to install a number of metal masts that will accommodate antenna to provide telecommunication signals into properties that have their receivers.
- Poles: instead of connecting the transmitting masts with underground cabling or mobile signals, the company connects its infrastructure using overhead cabling. These are proposed to be wooden and effectively have the same appearance as ‘telegraph poles’.
IX Wireless - Telecommunications infrastructure provider
The company suggests that the installation of the infrastructure in this manner costs 90% less than underground cabling and that these savings can be then passed on to the consumer. They also suggest that their model provides significantly less disruption during installation than digging up highways and driveways.
IX Wireless are proposing to install 15 metre masts and poles. The information submitted by IX Wireless shows that these will all be located on land that is highway and that none of the installations will be located on protected land (e.g. Conservation Areas). They have legal opinion that these are Permitted Development and do not require planning permission or prior approval. The Council has now secured its own legal opinion and the consensus is that the masts and poles in the locations proposed do not require planning consent.
The Local Planning Authority will continue to keep this under review in case national legislation changes or if there is a legal challenge outcome to alter this position.
Full planning permission would be required if these transmitting masts were above 25 metres. There is no suggestion that IX Wireless are proposing transmitting masts of this scale and none have been to date.
The installation of the transmitting masts does require permits from the Highway Authority.
However, the Highway Authority cannot consider the principle of these transmitting masts and poles, and their consideration is limited to ensuring that they are co-ordinated with other street works in the area.
The Local Planning Authority and Highway Authority have been liaising with IX Wireless to understand how many transmitting masts they are proposing to install. As it currently stands, there are proposed to be around 28 transmitting masts. There are proposed to be around 1,100 wooden poles.
Even though these do not require any form of planning consent, the Council is currently liaising with IX Wireless on an informal basis to ensure that these transmitting masts and poles are located in the most appropriate locations with minimal impact on residents and the street scene.
The site notices for the locations of these should already be in place and residents can contact IX Wireless directly if they have any queries: IX Wireless - Bury.
Under the permitted development rules, there is no legal requirement for a consultation period with local residents or businesses as they do not require any planning consent. Providers do, however, have to put up some local advertising in the vicinity of where they are planning to install poles.
As the poles and masts are Permitted Development, the Local Planning Authority does not have a role in the determination of these. However, residents can make representations to the companies that are advertising the location of the poles. Companies must form their own views on how to respond to comments from residents.
The Council’s powers are limited in preventing or removing the masts or poles as they are covered by permitted development. The Council would not provide highways approval for masts or poles which block the highway or driveways. If a mast or pole was put in such a position it would go against the operator’s code of conduct and OFCOM would take action.
Telecommunication installations are provided by private operators. The Government encourages competition in the market to give consumers a greater choice of service and different costs. Just because there is already telecommunication infrastructure in a location does not prevent companies from installing above surface infrastructure, and vice versa.
As with BT infrastructure, there is a right to fly lines across land.
This page last updated: 12 May 2023.