Judge Upholds Council’s Legality in Controversial Telecoms Pole Installation

A local council has expressed satisfaction with a judge’s determination that its actions were lawful regarding the contentious erection of telecommunications poles in a Worcestershire village. Advocates in Broadway had asserted that the provider, FullFibre, did not properly consult Wychavon District Council concerning the placement of the 22 poles, which they claimed would cause “visual harm” to the area. They also contended that the council had not done enough to prevent the installation. However, a judge dismissed the claim in a written ruling, issued following a High Court hearing. The poles were installed on the village’s Sands estate in November 2023, prompting protests from locals, who described the 36ft (11m) structures as a “monstrosity.” Their installation was carried out under permitted development rights, meaning they did not require planning permission. The campaigners argued that the necessary conditions for those rights had not been met, and consequently, the council had failed in its duty. But Deputy Judge Richard Kimblin KC disagreed, stating: “There were substantive enquiries and exchanges of information between FullFibre and the council.” Paul Middlebrough, the council’s executive board member for planning and infrastructure, noted that the judge had confirmed the council’s position that it ultimately had no power to prevent such installations. However, he added: “We take no pleasure from this ruling as we have sympathy with our residents.” “Giving permitted development rights to the installation of telecommunication poles has resulted in communities across the country having a blight imposed on them against their wishes, while councils are left powerless.” “We urge the government to urgently review the regulations regarding the installation of poles and at the very least amend them.”