Broadband companies and telegraph poles

This page explains the rules around telegraph poles deployed as part of broadband networks. It covers whether broadband companies need to consult with planning authorities and residents, and whether they should install cables underground or on existing infrastructure instead of installing new telegraph poles.

In England, Scotland, Wales, and Northern Ireland, telegraph poles are considered ‘permitted development’ , which means they can normally be installed without planning permission from the local planning authority (LPA).

Permitted development rights apply if the pole is 15 metres or less in height (most are 8 to 10 metres tall) and does not obstruct a highway.

Permitted development rights for telegraph poles also apply in areas such as national parks and conservation areas, meaning they can be installed there without planning permission.

Under the Electronic Communications Code (ECC), broadband companies need the landowner’s permission to install telegraph poles on private or public land. The ECC is UK-wide. This is separate to planning permission.

Broadband companies have a general right to conduct street works, so they do not need consent to install a telegraph pole on a public highway (although they may need a streetworks permit from the local authority to carry out the work).

Planning rules do not require any consultation with local authorities.

Under separate legislation (the Electronic Communications Code (Conditions and Restrictions) Regulations 2003) broadband companies are required to give 28 days’ notice to the LPA before they install telegraph poles. However, there are no grounds for LPAs to prevent the installation.

The 2003 regulations state that LPAs can set conditions that they want the company to comply with when installing poles, but companies are not required to accept the conditions if they are “unreasonable”.

In Wales, new telegraph poles in protected areas such as National Parks and conservation areas must have the same appearance as the nearest existing pole, unless otherwise agreed with the LPA.

Broadband companies are not required to consult with local residents.

Voluntary industry best practice recommendations, updated in March 2025, include a ‘community commitment’ which states that the needs of local communities should “always be carefully considered during the design, construction and operational stages” of broadband network deployments. It also makes recommendations about how broadband providers can consider the visual impact of poles, minimise disruption, and improve communication with residents.

The government has said that it will monitor the impact of the best practice guidance before considering any further action on community engagement.

It is a commercial decision for operators whether to install cables underground or on poles. Installing cables underground can be more expensive and more disruptive due to the engineering works required.

The 2003 regulations state that companies should, in most cases, install cables underground (rather than on telegraph poles) where it is “reasonably practicable” to do so. However, following amendments introduced in 2013 this does not apply to cables that are part of a broadband network unless the area is a national nature reserve or site of special scientific interest.

The 2013 changes also mean that broadband cables do not need to be installed underground in conservation areas.

Broadband companies are not legally required to use existing infrastructure, although it is recommended in the 2025 industry best practice guidance.

Sharing infrastructure would involve using existing telegraph poles or underground ducts, rather than installing new ones. This requires a commercial agreement between the broadband company and the owner of the existing infrastructure (which may be another broadband company that is a competitor).

It is not always practical to use existing infrastructure. For example, underground ducts may not have spare capacity to house more cables.

Ofcom requires two broadband companies to share their infrastructure. Openreach (the part of BT that operates its network infrastructure) must allow competitors to rent access to their ducts and poles on fair and reasonable terms. KCOM, historically the monopoly provider in Hull, has a similar obligation. These measures are designed to help newer companies to compete with established ones by reducing the cost of building new broadband networks.

Other broadband companies do not have an equivalent obligation. The 2003 Regulations state that companies should share infrastructure “where practicable”.

However, it is for the broadband company and infrastructure owner to decide whether it is “practicable” to share infrastructure in a particular case.  Broadband companies are not required to demonstrate (to Ofcom or the LPA, for example) that it is not practicable to share infrastructure before installing a new telegraph pole.

Under the ECC, broadband companies have a right to run cables between poles, including where the cable passes over private land.

Cables can pass over land between two telegraph poles without the permission of the landowner as long as:

• The company does not need to enter the land.
• The cable is at least 3 metres above ground, or 2 metres above a building.
• The cable does not interfere with any business (defined as “trade, profession or employment”) for which the land is used.

Creosote is a chemical substance used as a wood preservative. Consumer use was banned in 2003, but certain industrial uses are still allowed, including treating telegraph poles.

The Health and Safety Executive, the regulator for health and safety in Great Britain, explains that for allowed industrial uses, “the service life of the treated wood is critical to safety”.

For further information see the Commons Library briefing, Creosote and telegraph poles (December 2024).

Residents should contact the broadband company if they have complaints about how telegraph poles are being deployed. There are examples of companies halting pole deployments in response to local opposition. However, this does not guarantee that they will lay cables underground: the area may simply be left out of the company’s network build plans.

Local authorities have limited powers to intervene. They may do so if a telegraph pole is obstructing a highway.

Ofcom is responsible for enforcing the 2003 Regulations (including conditions set by LPAs) and the sharing obligations on Openreach and KCOM. LPAs and members of the public can contact Ofcom if they have concerns about compliance. Ofcom’s enforcement webpage shows active and closed investigations.

Disputes about the ECC (apart from the 2003 Regulations) are a matter for the courts, not Ofcom. This would include, for example, cases where the broadband company entered private land without permission. Residents should seek legal advice if they have questions about their rights.

House of Commons Library, Building broadband and mobile infrastructure, March 2024

About the author: Adam Clark is a researcher at the House of Commons Library specialising in telecommunications and cyber.

The Commons Library does not intend the information in our constituency casework articles to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.