Policy DEL3 – Promotion of Fibre to the Premises and 5G Networks

Showing comments and forms 1 to 20 of 20

Comment

Draft Black Country Plan

Representation ID: 11806

Received: 09/10/2021

Respondent: Ms Carol Brown

Representation Summary:

There are a numbers of masts erected on the Foley Island in close proximity to
Houses and the school they are unsightly and detrimental to health.
More consideration should be given to the location so not to impact on the environment

Object

Draft Black Country Plan

Representation ID: 11807

Received: 09/10/2021

Respondent: Ms Carol Brown

Representation Summary:

Health and the impact on the environment

Support

Draft Black Country Plan

Representation ID: 15290

Received: 11/10/2021

Respondent: Natural England

Representation Summary:

Policy DEL3 – Promotion of Fibre to the Premises and 5G Networks

We support paragraph 5 of this policy.

Object

Draft Black Country Plan

Representation ID: 18468

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Representation Summary:

Paragraph 4.7 - Delivery of FTTP "is reliant on the provider delivering the infrastructure and whilst the planning system can facilitate its delivery it cannot ultimately ensure it is provided. The policy needs amendment to reflect this."

Comment

Draft Black Country Plan

Representation ID: 21243

Received: 11/10/2021

Respondent: Newlands Developments

Representation Summary:

Promotion of Fibre and 5G Networks
Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Network) requires all major developments to deliver Fibre to the Premises (FTTP) capacity/infrastructure to all individual properties or alternatively, non-Next Generation Access technologies that can provide speeds in excess of 30MB per second, where FTTP cannot be delivered. Furthermore, any proposals for infrastructure to support the delivery of 5G networks will be supported, in principle, subject to meeting the requirements of other local policies and national guidance.

We are generally supportive of Draft Policy DEL3, particularly as this aligns with Paragraph 114 of the NPPF, which requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections. However, it is important to note that the promotion of Fibre may not always be practicable or viable in new developments. Criterion (1) is therefore supported insofar as it allows for this requirement to be reduced where it can be clearly demonstrated that it is not practical or viable.

Comment

Draft Black Country Plan

Representation ID: 21338

Received: 11/10/2021

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

Representation Summary:

POLICY DEL3 – PROMOTION OF FIBRE TO THE PREMISES AND 5G NETWORKS: COMMENT
WDH recognises the intention of Policy DEL3 and the BCAs’ desire to ensure that all major development provide Fibre to the Premises. However, that requirement should be taken into account within a comprehensive Viability Assessment that demonstrates that “the total cumulative cost of all relevant policies will not undermine deliverability of the plan” (Ref. 10-002-20190509).

Object

Draft Black Country Plan

Representation ID: 21765

Received: 11/10/2021

Respondent: St Philips

Agent: Lichfields

Representation Summary:

1 Draft Policy DEL3 states all developments of ten or more dwellings “will be required to deliver
Fibre to the Premises (FTTP) capacity / infrastructure to all individual properties”.

3.2 St Philips recognises that new residential development should have infrastructure to facilitate access to high-speed broadband connections. However, the BCA should not impose new electronic communications requirements beyond the provision of infrastructure as set out in statutory Building Regulations.

3.3 In the Budget (11th March 2020), the Government confirmed future legislation to ensure that new build homes are built with gigabit-capable broadband. The Government will amend Part R “Physical Infrastructure for High-Speed Electronic Communications Networks” of the Building Regulations to place obligations on housing developers to work with network operators to install gigabit broadband, where this can be done within a commercial cost cap.

3.4 Draft Policy DEL3 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Support

Draft Black Country Plan

Representation ID: 22272

Received: 21/01/2022

Respondent: Miss Jodi Stokes

Representation Summary:

Promotion of Fibre to the Premises and 5G Networks

4.4 Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Networks) sets out
proposals for ensuring the provision of full fibre broadband connectivity is considered in all new major development proposals. It also sets out the approach for supporting and

assessing 5G Network infrastructure proposals. We agree that fibre and 5G networks should be supported through strategic policies and that availability, reliability and speed of broadband provision is a key consideration for existing and new local residents and businesses.

Comment

Draft Black Country Plan

Representation ID: 22298

Received: 11/10/2021

Respondent: Investin PLC

Agent: Lichfields

Representation Summary:

3.1 Draft Policy DEL3 states all developments of ten or more dwellings “will be required to deliver Fibre to the Premises (FTTP) capacity / infrastructure to all individual properties”.
3.2 Investin recognises that new residential development should have infrastructure to facilitate access to high-speed broadband connections. However, the BCA should not impose new electronic communications requirements beyond the provision of infrastructure as set out in statutory Building Regulations.
3.3 In the Budget (11th March 2020), the Government confirmed future legislation to ensure that new build homes are built with gigabit-capable broadband. The Government will amend Part R
“Physical Infrastructure for High-Speed Electronic Communications Networks” of the Building Regulations to place obligations on housing developers to work with network operators to install gigabit broadband, where this can be done within a commercial cost cap.
3.4 Draft Policy DEL3 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Comment

Draft Black Country Plan

Representation ID: 22345

Received: 11/10/2021

Respondent: Canal & River Trust

Representation Summary:

Waterways provide established corridors through the heart of urban areas with the potential to accommodate communications infrastructure with relatively little disturbance in comparison to, for example, digging up main roads and pavements in busy locations. There is a real opportunity to maximise the use of the Trusts existing fibre optic networks and the canal corridor and Trust s land holdings for the provision of new and improved infrastructure around densely populated areas, such as the routing of infrastructure for district heating schemes and increasing mobile cell density to create 5G towns and cities

Comment

Draft Black Country Plan

Representation ID: 22410

Received: 11/10/2021

Respondent: St Philips

Agent: Lichfields

Representation Summary:

3.1 Draft Policy DEL3 states all developments of ten or more dwellings “will be required to deliver Fibre to the Premises (FTTP) capacity / infrastructure to all individual properties”.
3.2 St Philips recognises that new residential development should have infrastructure to facilitate access to high-speed broadband connections. However, the BCA should not impose new electronic communications requirements beyond the provision of infrastructure as set out in statutory Building Regulations.
3.3 In the Budget (11th March 2020), the Government confirmed future legislation to ensure that new build homes are built with gigabit-capable broadband. The Government will amend Part R
“Physical Infrastructure for High-Speed Electronic Communications Networks” of the Building Regulations to place obligations on housing developers to work with network operators to install gigabit broadband, where this can be done within a commercial cost cap.
3.4 Draft Policy DEL3 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.

Support

Draft Black Country Plan

Representation ID: 23058

Received: 11/10/2021

Respondent: St Philips

Agent: Savills

Representation Summary:

Policy DEL3 – Promotion of Fibre to the Premises and 5G Networks

The policy requires that all major developments will be required to deliver ‘Fibre to the Premises’ (FTTP) infrastructure to all individual properties. Paragraph 4.42 of the BCP states that the expected cost of FTTP is expected to be relatively small and “any costs to the developer could be balanced by increased sales values generated by fast and reliable broadband being available”. The Viability and Deliverability Study states that the cost of utilities provision has been included in the external works allowance so no specific figure has been quoted. The policy refers to ‘subject to practicality and viability’ which we support.

Object

Draft Black Country Plan

Representation ID: 23121

Received: 11/10/2021

Respondent: St Modwen SL&R

Agent: RPS

Representation Summary:

Paragraph 5.6 - 5.9 - "DEL3 is contrary to national policy, which does not require new housing developments to make provision for FTTP or 5G networks, but instead (at paragraph 114) indicates that planning policies should support the expansion of electronic communications. "

Comment

Draft Black Country Plan

Representation ID: 23192

Received: 11/10/2021

Respondent: Historic England

Representation Summary:

Policy DEL 3, page 65, clause 5 we would suggest the text is amended as follows, or similar: ‘Proposals should not have an adverse impact on […] heritage assets or conservation areas…’ to ‘Proposals should protect and where possible, enhance […] the significance of heritage assets including their setting’. Conservation areas are listed within the NPPF definition of heritage assets and as such do not require their own reference.

Object

Draft Black Country Plan

Representation ID: 23333

Received: 11/10/2021

Respondent: Bloor Homes

Representation Summary:

Proposed Policy DEL3 requires all developments of 10 or more dwellings to deliver Fibre to the Premises (‘FTTP’) capacity/infrastructure to all individual properties. This requirement will only be reduced where it can be clearly demonstrated that it is not practical or viable. When FTTP is demonstrated as being undeliverable, non-Next Generation Access technologies which provide speeds in excess of 30MB per second should be provided. Proposals should be supported by an FTTP Statement that details how FTTP will be provided to serve the development prior to first occupation.

BHL recognises the importance of new residential developments having the appropriate infrastructure
to facilitate access to high-speed broadband connections. However, BHL wish to point out that the
Government has already confirmed that future legislation will ensure that new build homes are built with gigabit-capable broadband and will amend Part R of the Building Regulations to place obligations on housing developers to work with networks to install gigabit broadband within a commercial cost cap. BHL consider that this policy is unnecessary and objects to its inclusion in the BCP as it seeks to impose new electronic communication requirements beyond the provision of infrastructure set out in Statutory Building Regulations.

Support

Draft Black Country Plan

Representation ID: 23417

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

Representation Summary:

5.8 Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Network) requires all major developments to deliver Fibre to the Premises (FTTP) capacity/infrastructure to all individual properties or alternatively, non-Next Generation Access technologies that can provide speeds in excess of 30MB per second, where FTTP cannot be delivered. Further, any proposals for infrastructure to support the delivery of 5G networks will be supported in principle, subject to meeting the requirements of other local policies and national guidance.

5.9 We are supportive of Draft Policy DEL3, particularly as this aligns with Paragraph 114 of the NPPF, which requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections. However, it is important to note that the promotion of Fibre may not always be practicable or viable in new developments. Criterion (1) is therefore supported insofar it allows for this requirement to be reduced where it can be clearly demonstrated that it is not practical or viable

Object

Draft Black Country Plan

Representation ID: 43859

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

Representation Summary:

5.7 Policy DEL3 refers to Fibre to the Premises (FTTP) and requires that that all
major developments should deliver FTTP. All eligible proposals should be also supported by a FTTP Statement and confirms that FTTP will be available at first occupation. As the delivery of such facilities lies outside of the immediate control of the developer, this is not a suitable requirement for a development plan policy. It is reliant on the provider delivering the infrastructure and whilst the planning system can facilitate its delivery it cannot ultimately ensure it is provided. The policy needs amendment to reflect this.

Comment

Draft Black Country Plan

Representation ID: 44927

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Representation Summary:

Policy DEL3 - Promotion of Fibre to the
Premises and 5G Networks

7.1 Whilst Taylor Wimpey generally supports the delivery of high-speed broadband it considers that the BCP should not impose new electronic communications requirements beyond the provision of infrastructure as set out in statutory Building Regulations.

7.2 In the March 2020 Budget, the Government confirmed future legislation to ensure that new build homes are built with gigabit-capable broadband. The Government will amend Part R “Physical Infrastructure for High-Speed Electronic Communications Networks” of the Building Regulations to place obligations on housing developers to work with network operators to install gigabit broadband, where this can be done within a commercial cost cap. This will apply to all new builds. The inclusion of a policy in the BCP is not therefore necessary.

7.3 We also note that the delivery of broadband service connections is reliant on a third-party contractor over which a developer is unlikely to have any control and therefore cannot confirm availability at first occupation.

7.4 In addition, it is not clear what costs for the provision of this infrastructure have been factored into the BCP viability work.

7.5 With regard to this policy requirement the Viability and Delivery Study states24:

“Most developers will want to provide full fibre to the premises as it is increasingly considered an essential utility by house purchasers and/or commercial occupiers. The cost of utilities provision is included in our external works allowance”.

7.6 No detail is provided to confirm what cost has been factored in to cover this element of external works so it is not clear whether the cost applied is realistic.

Comment

Draft Black Country Plan

Representation ID: 44967

Received: 09/03/2022

Respondent: Taylor Wimpey

Agent: Lichfields

Representation Summary:

7.0 Policy DEL3 - Promotion of Fibre to the
Premises and 5G Networks
7.1 Whilst Taylor Wimpey generally supports the delivery of high-speed broadband it considers that
the BCP should not impose new electronic communications requirements beyond the provision
of infrastructure as set out in statutory Building Regulations.
7.2 In the March 2020 Budget, the Government confirmed future legislation to ensure that new
build homes are built with gigabit-capable broadband. The Government will amend Part R
“Physical Infrastructure for High-Speed Electronic Communications Networks” of the Building
Regulations to place obligations on housing developers to work with network operators to install
gigabit broadband, where this can be done within a commercial cost cap. This will apply to all
new builds. The inclusion of a policy in the BCP is not therefore necessary.
7.3 We also note that the delivery of broadband service connections is reliant on a third-party
contractor over which a developer is unlikely to have any control and therefore cannot confirm
availability at first occupation.
7.4 In addition, it is not clear what costs for the provision of this infrastructure have been factored
into the BCP viability work.
7.5 With regard to this policy requirement the Viability and Delivery Study states24:
“Most developers will want to provide full fibre to the premises as it is increasingly considered
an essential utility by house purchasers and/or commercial occupiers. The cost of utilities
provision is included in our external works allowance”.
7.6 No detail is provided to confirm what cost has been factored in to cover this element of external
works so it is not clear whether the cost applied is realistic.
7.7 For the above reasons we consider that Parts 1 to 3 of Policy DEL3 should be deleted.
24 Black Country Plan Viability and Delivery Study (May 2021) , page 24

Comment

Draft Black Country Plan

Representation ID: 45888

Received: 11/10/2021

Respondent: Transport for West Midlands

Representation Summary:

While we support policy DEL3 to roll out digital connectivity across the Black Country, it fails to capture how enhancing digital services may help reduce the need to travel or mitigate the transport impacts of new development.

Under this policy, reference should also be made to the Key Route Network’s ‘Connecting Communities’ programme. Sited at the heart of the region’s digital connectivity movement, there is huge opportunity to build upon the existing digital infrastructure already in place across the Black Country. In turn helping reduce the need to travel, impacting positively on safety and reducing the overall demand on the transport network. And therefore, we welcome policy to this in the Black Country Plan.