About planning permission for broadband cabinets
Planning permission is not normally required for cabinets.
Providers must notify the Local Planning Authority 28 days before works to install cabinets and poles on land that forms part of the public highway.
Planning permission for installation of fibre optic cabinets on the public highway is not needed unless the size of the new cabinet is larger than set out in the Town and Country Planning legislation or they create an obstruction to the view of people using any highway used by vehicles. Most cabinets do not require planning permission or prior approval from the local authority.
There is a limit on the size of cabinets allowed under this right that their ground or base area should not exceed 1.5 metres squared and not taller than 15 metres. The colour and paint finish of cabinets is not controlled.
There is no legal requirement for telecoms and fibre companies to notify or consult with local residents or businesses if they are proposing to install new cabinets in a neighbourhood.
In England, permitted development rights for telecoms infrastructure are set out in Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (the GPDO).
Notification of proposed installations
The council must be notified of proposed cabinet or pole locations (this is not an application for permission). As long as the proposed location will not cause any harm to highway safety it is a permitted development (PD) and does not require any consent.
If any highway safety issue is identified by the Highway Authority it may not be permitted development and the infrastructure provider is informed. They would then normally change the position to one that will not adversely affect highway safety. Alternatively, they could apply for planning permission at this point but in practice this has not occurred in Bracknell Forest.
This process is followed because no permission is being applied for, or granted, and in most cases the only consideration is whether or not there is an impact on highway safety.
Notifications are also received for the installation of wooden telegraph poles in connection with fixed line broadband, normally around 8 to 11 metres in height. Similar to cabinets, these are normally considered to be permitted development, except in conservation areas and Sites of Special Scientific Interest (SSSIs).
In a case where the cabinet or pole affects a protected tree covered by a Tree Preservation Order, this notification process does not override the requirement to obtain permission from the council's Tree Service.
Before works begin, a permit is also required separately from the Permit Authority for street works within the public highway.
It should be noted that broadband providers have the same powers as other statutory undertakers and therefore the council have no power to intervene if planning permission is not required.