Telegraph Poles: Planning Permission

Motion made, and Question proposed, That this House do now adjourn.—(Gerald Jones.)

I know that a number of colleagues have experienced similar problems in their constituencies to those I will be raising, and I will try to accommodate interventions.

I welcome the Minister for Data Protection and Telecoms, my hon. Friend the Member for Rhondda and Ogmore (Chris Bryant), to his place. I am sure hon. Members from all parties welcomed his statement in July:

“We fully understand people’s concerns about the excessive deployment of telegraph poles, and are urgently considering options to address this.”

As time is short, I will focus on the current absence of a requirement to consult residents under the legislative and regulatory regime that Ministers have inherited. This is not about being against telegraph poles, nor is it about being against the roll-out of fast broadband. New infrastructure is vital in a society that is increasingly dependent on fast and reliable internet services. However, surely it is wrong that when poles are sited inappropriately, recourse for residents is advisory only, and, in many cases, completely lacking in practice.

Official statistics suggest that in my Birmingham Northfield constituency, almost 99% of residents have access to superfast broadband. I know that Ministers have some scepticism about the accuracy of those figures, but it is undeniable that broadband coverage is better than in neighbouring rural areas, yet urban areas are the current focus for the roll-out. The case for the changes in 2013 that established the current permitted development regime focused almost exclusively on the need to extend superfast broadband to rural areas and new-build estates. Little to no consideration appears to have been given to how the legislation would impact already built-up, urban areas. The consequences are now being seen in south Birmingham, as some residents are left to accommodate poles that are unwanted, unneeded and obtrusive.

I will give way first to my near neighbour.

My hon. Friend is making an excellent speech, and it is much needed. As he said, many of our constituents already have excellent broadband, so telegraph poles should be strategically prioritised in rural areas. In one of my streets alone, there are five poles. I have previously asked the Government how many poles they think is acceptable. Does he agree that this is not the way that providers should behave?

I know that my hon. Friend has been doing extensive work on this issue. There are similar problems in my Birmingham Northfield constituency, and I would be sympathetic to having different approaches in rural, semi-rural and built-up urban areas, precisely because of the issues she raises.

I thank my hon. Friend for organising this excellent debate. Telegraph poles are a key issue in my Halesowen constituency. My constituents support the roll-out of high-speed broadband, but they are concerned about the installation of telegraph poles in areas that did not previously have them. Community engagement has not been done well—I give the example of the Squirrels estate in my constituency, where a recent campaign, which I supported, was successful in stopping a company rolling out telegraph poles in an area that did not have them. The residents’ major concern was about the use of underground ducting. Does my hon. Friend agree that if there is accessible infrastructure underground already, broadband providers should use that? The Government should change the regulations so that providers are able to share the infrastructure, even if they are competitors.

I thank my hon. Friend for making those points. He highlights issues that are common across the wider region and, I suspect, the country. I will come on to some of the regulatory changes that could be made, but it is important to recognise that there was a requirement for companies to share infrastructure wherever possible. However, I will discuss some of the cases in my constituency where that clearly is not happening.

I want to draw attention to some of the problems in my constituency. I recently attended a residents’ meeting in a street in Birmingham Northfield called Pineview, a quiet cul-de-sac that is set back from a busy road. The community is close-knit, and over the years, the residents have invested their time and a considerable amount of money to ensure the upkeep of the area. They have lived with underground telecommunications infrastructure, which serves different operators, and they have experienced a positive service. However, residents report that four telegraph poles were installed on the road last year, starting early in the day and finishing late at night, with intrusive spotlights to facilitate the work. There was very limited community engagement, despite the residents taking up the company Brsk’s suggestion that a petition be collected. That was done, but to no effect.

I also draw attention to Lovell Close in Weoley. It is another small cul-de-sac, with only half a dozen houses and narrow pavements, but activities by two competing companies are now causing obstruction for residents and users of an adjoining public park. The hope that the infrastructure would be shared is not being observed in practice, and there are ongoing problems with pavement parking across south Birmingham. I know that Transport Ministers are looking separately at this issue, but the fact is that the combination of pavement parking and the loss of pavement space to poles has created obstructions and pinch points. This is a particular problem for those with prams and mobility scooters.

In Stourbridge in the west midlands, we face similar problems with the same company, which is causing havoc. As my hon. Friend rightly says, the legislation was passed in 2013, yet in 2024, we are still waiting for the full roll-out of ultrafast broadband. Although I appreciate what he says about our current adequate speeds, they could be much faster. When I was recently in Ukraine, I experienced far better internet connectivity than I do in central London or Stourbridge town centre. Our European neighbours are enjoying much faster broadband while we languish behind, and Stourbridge residents have been left at the mercy of these third-party companies—

Order—[Interruption.] The hon. Lady might like to sit while I am standing. I have previously told Members that interventions should be short and spontaneous. It is not an opportunity to read out a pre-prepared speech. If she wanted to speak in this debate, she could have asked permission from both the Minister and the Member in charge, and that would have been acceptable.

Thank you, Madam Deputy Speaker. I completely agree with my hon. Friend the Member for Stourbridge (Cat Eccles).

I will be brief, Madam Deputy Speaker. I wholeheartedly agree with my hon. Friend the Member for Birmingham Northfield (Laurence Turner) about engagement. I am holding a letter that residents received from my predecessor, containing the promise from the company involved in rolling out these poles in Inkberrow that the work would initially be done underground. Lo and behold, a couple of weeks later, poles appeared and work was carried out late into the night. Re-establishing co-operation and engagement with the community is vital to regaining trust.

I completely agree with my hon. Friend, who makes his case well. This is not about saying that there can never be telegraph poles, as there are some areas where they are clearly the right solution. However, there must be a proper process, and companies cannot be left to mark their own homework. He highlights well the issues in his constituency.

One of the few requirements placed on network operators is to provide 28 days’ notice in writing to the local planning authority when they propose to put up a pole. That is a very low bar. Without commenting on an active investigation, it should be noted that Ofcom is currently investigating Brsk for an alleged failure to notify Birmingham city council 28 days prior to installing poles. It is important that the investigation is concluded quickly.

I understand that the industry body, the Internet Service Providers Association, which I thank for providing a briefing ahead of the debate, is working on a potential revision to the cabinet and pole siting code of practice. I hope we will hear something encouraging from the Minister but, as long as the code remains voluntary, it will always be circumvented in some cases.

The code of practice merely states that, following advice for engaging and consulting residents, the code operator should place a site notice in

“as close proximity as possible… If an appropriate place to site a notice is not available, another means of informing residents may be discussed and agreed upon.”

In seeking to address these concerns, a number of residents in my constituency have, individually and collectively, attempted to follow the steps set out in the code of practice, including the complaints process. However, the code of practice, in its current form, fails to provide sufficient redress. It states that a complaints procedure should be in place, but it fails to go further than a company providing written responses detailing why a complaint is accepted or rejected. Frankly, that is not good enough. We must focus on preventing poor practice, as well as encouraging the best.

As this is the first time that I have seen you in the Chair, Madam Deputy Speaker, may I say how glad I am that you were elected? I voted for you, so there. [Laughter.] It is a secret ballot, so you can’t check.

I congratulate my hon. Friend the Member for Birmingham Northfield (Laurence Turner) on his election; it is good to see him in his place. I think I am right in saying that King’s Norton is part of his patch, but he may not be aware that one of the shields on the wall of this Chamber is for a former Member for King’s Norton who was killed in the second world war: a very brave man who fought for his country and who died making it possible for everybody to evacuate. Ronnie Cartland was his name; he was a Conservative, but his first rebellion was when he was angry that the Government were not doing enough for distressed areas, including in my constituency in south Wales. I feel I have an affinity with my hon. Friend’s constituency, although I hope I have not prompted him to rebel instantly.

I am delighted to have the opportunity to have this debate. I will be very clear: the vast majority of companies operating in this sphere are doing so entirely responsibly. They are doing a great favour for the nation in rolling out broadband of the kind of speed that everybody wants. I note the point that my hon. Friend the Member for Stourbridge (Cat Eccles) made about other countries in Europe; of course we aspire to that coverage for everybody across the UK.

The vast majority of companies are operating responsibly but, frankly, a few are behaving like cowboys. As a Government and as a Parliament, I think we sometimes need to say to cowboys that they are drinking in the last chance saloon. I have made that abundantly clear to some of the operators. I know that some operators are striving to co-operate with one another and with BT Openreach to ensure that no unnecessary street furniture suddenly appears and that there is full consultation with the local community before a road is dug up for a new duct or a new pole appears. Companies that are abiding by the code of conduct and fulfilling their obligations are almost as fed up as my hon. Friend the Member for Birmingham Northfield and other hon. Friends; indeed, I am sure we could fill the whole Chamber with hon. Members who are equally fed up with the few companies that are bringing the whole system into disrepute.