Part One: Spatial Strategy and Policies (Regulation 19)

6.25. Planning policy can play an important role in helping to address key digital connectivity infrastructure needs, reflecting that modern telecommunications are important in the national and local economy and in people's lives.

6.26. The following policy sets out proposals for ensuring the provision of full fibre broadband connectivity is considered in all new major development proposals. It also sets out the approach for supporting and assessing 5G Network (and further generation) infrastructure proposals.

6.27. Policy DLP7 also sets out how the Council will respond positively to telecommunications proposals whilst balancing decisions against the need to protect and enhance the character and the overall environmental quality of the borough, as supported by relevant stipulations within the National Planning Policy Framework. It also supports discussions with operators prior to any strategies and applications being finalised are encouraged to establish at an early stage a shared view of equipment needs and constraints. DLP7 builds upon standards set out in national Building Regulations.

6.28. Full fibre broadband is the future of connectivity and increases speeds from the 30 MB available for superfast broadband to 1000 MB (1GB). Currently full fibre coverage is very low across Dudley (0.6%), compared to 11.5% across England. Full fibre is required to meet future demands for connectivity, as highlighted by a 50% increase in demand each year, and to recognise the wider economic, health and service delivery benefits.

6.29. At the local level, the availability, reliability, and speed of broadband provision is a key consideration for house buyers and many view it to be as essential as more traditional utilities. Similarly, it is also a key concern in the public health and business sectors. However, despite the obvious benefits to developers and end-users, full fibre is not always provided in new residential and commercial properties.

6.30. Planning policy can play a role in helping to achieve the necessary transformation in broadband connectivity. The NPPF clearly recognises this and supports the delivery of advanced, high-quality communications infrastructure and the expansion of highspeed broadband where possible. Building Regulations set out requirements for infrastructure for electronic communications.

6.31. Currently most properties in Dudley Borough are connected to superfast broadband (fibre to the cabinet and copper to the premises with speeds up to 30 MB) but the future is cited as full fibre (fibre to the premises with speeds up to 1GB). Fibre to the premises (FTTP) is recognised by the Government as a Next Generation Access (NGA) technology, with NGA defined as wired access networks that consist wholly or in part of optical elements, and which are capable of delivering broadband access services with enhanced characteristics (such as higher throughput) as compared to those provided over already existing copper networks.

6.32. The Government has committed to gigabit-capable broadband by 2025 and it is the aspiration of the Black Country Authorities (BCA), including Dudley, to support the rollout of full fibre across the Black Country as soon as possible. An options appraisal case is being progressed around full fibre. By seeking to deliver FTTP, Dudley is aiming to provide a futureproof solution for broadband delivery. Adopting this approach will prevent the need for fibre retrofitting programmes in the future, which have significant cost implications and cause considerable disruption through road works. This is in line with latest Building Regulations.

6.33. To help deliver this aspiration, Policy DLP7 requires developers to ensure FTTP is available at every new property on all major developments, except in the limited cases where this is not practical or viable, with the cost of installing FTTP in the build phase of new developments likely to be neutral or relatively small. On larger sites (around 25 or more homes) the provider will generally meet the cost voluntarily, with a contribution requested on smaller sites. Any costs to the developer could be balanced by increased sales values generated by fast and reliable broadband being available.

6.34. By implementing this policy approach, Dudley Council is seeking to ensure that future developments remain at the forefront of advances in broadband technology, allowing the borough to remain an attractive location for businesses and residents.

6.35. Where it is considered that delivery of FTTP is not viable or practical, evidence should be provided to demonstrate that a departure from policy is justified. Such evidence could include issues of viability, the ability to undertake the physical work required to install it and proximity to the nearest breakout point on the fibre network. There may also be circumstances where the operators themselves have concluded that servicing the site is not practical. Where a FTTP solution is not deemed possible, provision of technologies capable of providing speeds in excess of 30MB should be delivered instead.

6.36. The intention of Policy DLP7 is not to require developers to deliver FTTP solutions themselves. Instead, it focuses on the need to conduct early dialogue with telecom providers in order to best understand what their infrastructure specifications are and how these can be accommodated as part of the new development. The involvement of multiple telecoms providers at build stage will minimise the impact later.

6.37. To facilitate this, any application for a qualifying development should be supported by an "FTTP Statement", which provides details of dialogue with the telecom operators, explains how FTTP will be provided to serve the development and confirms that this process will be completed upon occupation of the first property on the development. Conditions will then be applied to any subsequent permission to ensure that FTTP will be secured as envisaged by the statement. For outline applications, the statement may be more limited on specific details relating to the imminent implementation of FTTP and provide a commitment to supply these details later, including how and when the telecom operators will be consulted.

6.38. The newest generation mobile phone network (5G) is as fast as fibre, with speeds up to 1GB – five to ten times faster than current home broadband connectivity. 5G benefits include huge capacity, with the ability to connect thousands of users and devices at the same time at consistently ultrafast speeds and ultra-reliable, secure, and low latency, which will be transformational for industry. The demand for mobile data in the UK is growing rapidly, and as households and businesses become increasingly reliant on mobile connectivity, the infrastructure must be in place to ensure supply does not become a constraint on future demand.

6.39. The Government wants to be a world leader in 5G, the next generation of wireless connectivity, and for communities to benefit from investment in this new technology. The NPPF expects planning policies and decisions to support the expansion of next generation mobile technology such as 5G, and further generation networks. The West Midlands has been selected as the UK's first multi-city 5G test bed, paving the way for the future rollout of 5G across the UK, making the region the first in the UK ready to trial new 5G applications and services at scale.

6.40. To deploy 5G, and future generation technologies, and improve coverage in partial "not-spots" (a place where wireless internet, especially broadband, services are not available), mobile network operators will need to strengthen existing sites to accommodate additional equipment. To extend coverage into total not-spots or to add capacity in areas of high demand, mobile network operators will also need to identify and develop new sites.

6.41. Masts will need to be higher than at present to accommodate 5G, which may impact on local amenity and character in some areas. Mobile Network Operators are therefore encouraged to have early discussions with Dudley Council and to communicate and consult with local communities, especially in the case of new sites.

6.42. With regard to proposed new installations, especially in order to accord with national planning policy, it is important to require the siting and design of apparatus to be sympathetic and responsive to site location, with particular regard to it not having an unacceptable impact on natural or heritage assets, and/or unduly impacting on amenity and highway safety.