Telecommunications Development Order

Closed 5 Aug 2019

Opened 10 Jun 2019

Feedback Updated 5 Nov 2019

We Asked

The Town & Country Planning Act (1999) sets out a definition of ‘development’.  Things that fall within this definition must have planning approval before they can be carried out.  Planning approval can be via individual planning applications or can be a ‘blanket’ approval by secondary legislation (aka Permitted Development).  The mechanism for the latter is a Development Order produced by the Cabinet Office and approved by Tynwald.  The determination of a planning application must take into account all relevant material considerations and must not take into account anything which is not a material consideration. 

Development Orders may be appropriate where proposals are unlikely to be contentious or where relevant the material considerations are unlikely to benefit from case-by-case consideration.  Where a proposal is contentious due to non-material issues, there is unlikely to be any benefit of case-by-case consideration by way of a planning application as the process cannot legally take into account the non-material issues which make it controversial.

A Telecommunications Development Order was implemented in 2013 and a draft replacement order was published, alongside explanatory information, for an 8 week consultation, which closed on the 05.08.19. 

You Said

There were 479 responses to the consultation.  19 respondents indicated they were responding on behalf of an organisation, including 1 MHK, 4 Local Authorities, Manx Utilities, the Digital Agency, the Chamber of Commerce Digital Committee and 5G Aware IOM.

We Did

A report has been published which includes a summary of the responses and the issues they raise.  The emerging legislation will be informed accordingly. 

Results Updated 5 Nov 2019

Consultation Summary & Department Responses Report

A report is available to view (below) which sets out the results of the consultation and the responses to the issues raised.

Files:

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

Development Orders can be used to give planning approval for certain types of development (sometimes known as ‘permitted development'). 

A revised Development Order is required in relation to telecommunications development to facilitate changing technology used, including but not limited to the delivery of fast fibre optics and 5G mobile services.

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Why We Are Consulting

Under part 2, section 8 of the Town and Country Planning Act 1999 the Cabinet Office wishes to bring about a new development order. Therefore, the Department is consulting on the proposed development order for an 8 week period prior to any order being laid before the Tynwald Court.

Areas

  • All Areas

Audiences

  • All residents

Interests

  • Planning policy
  • Telecommunications