CAMPAIGNERS have expressed concern that MS3 Networks has been given the green light by the East Riding of Yorkshire Council (ERYC) to continue forcing through its telegraph pole installation on the streets of Hedon and Preston.
Following a meeting on Tuesday between South West Holderness councillors and leading officers of ERYC, campaigners hoped to hear some positive news about curtailing the activities of the regulation-breaking, pole-planting MS3. Instead, they found out that MS3 had been given the green light to resume its pole-planting operations.
Disappointed campaigners yesterday morning sent an email marked for ‘urgent consideration’ to Stephen Hunt the Director of Planning and Development Management at ERYC. They hoped for a prompt response, but as of this evening have heard nothing.
Anti-MS3 poles campaigners have called on the East Riding of Yorkshire Council to act and set conditions on the network builder that require it to share existing infrastructure.
In the email campaigners state:
“The places that MS3 have chosen to work already have adequate underground infrastructure. The requirements to share infrastructure have not been met, or even been adequately explored. This is reason enough for ERYC to have set conditions in September that would have prevented MS3 from conducting operations in the East Riding. The lack of preparatory work by MS3 and its failure to comply with statutory obligations to share infrastructure should have been sent to Ofcom by ERYC for further investigation.”
In response to permits being granted from tomorrow (17 November), campaigners have declared an intention to resist the pole-planters:
“We need to defend our communities and streets from the distress and disruption caused by MS3. If this means trying to stop and delay their activities on the streets – then so be it. Their reputation is already tarnished probably beyond redemption. We now need to impact on their ability to operate and trade.
We copy the entire contents of the email to Mr Hunt, below:
Date: 15 Nov 2023, 07:52
Subject: Concern at renewal of MS3 activities
Dear Mr Hunt
As leading members of the Going Underground campaign, we are alarmed this morning to
hear that MS3 Networks will be permitted to work in the East Riding once again, despite so
many issues related to the alternative network builder being left unresolved.
With over 200 complaints levelled against MS3, many of them relating to Health and safety
breaches, including them attempting to work in Preston South at night (10.40pm) on
Wednesday 8 November, without lights, without signage, and during the period when they
were subject to a Stop Work Notice, then we have no confidence in the company’s or
ERYC claims that “corrective procedural actions have been taken to ensure the ongoing
safety and quality of their work”.
The campaign in Hedon and Preston will continue to delay the forced poling of our streets
and communities. I remind you that the majority of households in these places have
backed a ten-year boycott of MS3 and its partners. That, and the wholehearted support of
our Hedon Town and East Riding of Yorkshire Council representatives, should inform you
that the telegraph poles are unwanted in Hedon and Preston. MS3 Networks has
conducted no consultation or community engagement whatsoever. While efforts by ERYC
to improve MS3’s communication and engagement with the residents and the council are
welcome, we would ask them to respect local feelings and opt out of the forced poling of
Hedon and Preston.
The telegraph poles are also unneeded. As the then Minister of State Julia Lopez wrote to
you on 13 April 2023:
“As I am sure you are aware, operators must comply with a number of statutory
obligations when installing their networks. These obligations include requirements to share apparatus where practicable; to use underground, rather than overground, lines where reasonably practicable, with certain exceptions; and when installing apparatus, to minimise the visual impact on the surrounding area as far as reasonably practicable. They must also notify you, the local planning authority (LPA), in writing at least 28 days in advance of their intention to deploy infrastructure (subject to exceptions). You may then set out conditions with which you wish the operator to comply.”
The places that MS3 have chosen to work already have adequate underground
infrastructure. The requirements to share infrastructure have not been met, or even been
adequately explored. This is reason enough for ERYC to have set conditions in September
that would have prevented MS3 from conducting operations in the East Riding. The lack of
preparatory work by MS3 and its failure to comply with statutory obligations to share
infrastructure should have been sent to Ofcom by ERYC for further investigation.
The advice offered in the ERYC telecoms note (https://www.eastriding.gov.uk/planningpermission-
and-building-control/telecoms-utilities-and-telegraph-poles/) that “Residents
should inform Ofcom of any situations where they believe operators are not
complying with their statutory duties” has not been thought through. We challenge you
and your officers to follow your own advice and as residents attempt to ‘inform’ Ofcom of
non-compliance by MS3. You will discover, as we have, that Ofcom is not set up to do this.
However, as you and other local planning authorities were advised by the Minister in April,
“As the independent regulator for telecommunications operators, Ofcom is able to take enforcement action if it has reasonable grounds to believe that operators are failing to comply with their statutory duties and obligations when deploying apparatus. This can best happen if Ofcom is kept informed and receives evidence of non-compliance.
“I am therefore writing to encourage you to let Ofcom know and provide them with evidence of any instances where operators are not adhering to their statutory obligations so that appropriate investigations can be made and action taken. This will help ensure that the legal framework operates effectively and that deployment happens in a way that takes into account not only the benefits of consumer connectivity, but also the impact of installations on communities across the UK.”
As we believe you are aware, Going Underground campaigners met with Graham Stuart
MP in Parliament recently. One of the outcomes of that meeting was an agreement that
local planning authorities needed far more clarity and guidance on managing alternative
network builders engaged in permitted development work. Whilst we wait for such
guidance to be issued, we urge you to consider once again the conditions that ERYC
should and must set upon MS3 Networks to ensure that existing infrastructure is shared,
pole proliferation is avoided, better working practices are followed and the visual impact of
telegraph poles on our streets and in our communities are minimised.
The full council meeting on July 26 unanimously backed a motion to amend permitted
development legislation. With that kind of political authority, and with the powers available
to local planning authorities to set conditions then we are surprised that the response from
officers has not been more forthright in managing MS3. We assume, and expect that this
will change.
Yours sincerely
Ray Duffill, Julie Dervey and Joyce Whittle. Representative of the Going Underground
Campaign in Hedon and Preston.
cc: ERYC Leader and SWH Ward Councillors
People get angry they forget these people on the council work for you. So next time show how angry you are by voting them out. Watch more things will come.
Apauling, are the councils back pockets bursting?