Guidance

Barrier Busting Handbook

Updated 27 April 2023

1. Foreword

The government has set an overall coverage target of 85% of UK premises being able to access a gigabit-capable network by 2025, with near to universal gigabit coverage being achieved as soon as possible. The Barrier Busting Handbook aims to support local authorities, and other partner organisations, in working with broadband suppliers and BDUK to manage and unlock challenges preventing delivery of commercially funded and BDUK subsidised gigabit-capable broadband infrastructure. The handbook outlines common challenges preventing delivery (such as street works, wayleaves etc) and highlights existing best practice and mitigating actions. BDUK remains committed to working alongside local authorities, broadband suppliers and other partner organisations to move delivery forward at the optimum pace and scale.

1.1 What is the Barrier Busting Handbook?

The Barrier Busting Handbook aims to offer guidance and builds awareness of underpinning legislation to support those working alongside broadband suppliers to facilitate the rollout of gigabit-capable broadband.

The guidance should be applied at network planning and “in life” stages of the contracts, and complements the existing guidance and best practice outlined in the Digital Connectivity Portal.

1.2 How will the Barrier Busting Handbook assist stakeholders?

• The information will assist local authorities, broadband suppliers and partner organisations in identifying and unlocking delivery issues affecting the rollout of gigabit-capable broadband

• It will help increase understanding of relevant underpinning legislation, best practice and guidance to expedite broadband delivery

• It will help foster positive and helpful working relationships between suppliers and local authorities, landowners and others, facilitating timely rollout of gigabit-capable broadband

• It will provide guidance on working with BDUK staff to mitigate delivery challenges and ensure more efficient rollout within intervention areas

• It will help reduce the number of descopes in network build plans due to earlier intervention and addressing barriers to delivery

• It will help reinforce the Supplier Delivery Pledge, which outlines standards expected from suppliers in working alongside Highways Authorities, landowners and other stakeholders in maximising rollout of gigabit-capable broadband

1.3 How to use the Barrier Busting Handbook.

The Barrier Busting Handbook offers approaches to unlock principal delivery challenges in installing gigabit-capable broadband, and links directly to the relevant part of the Barrier and Mitigating Actions Grid, which accompanies this handbook providing greater detail around the delivery challenge, strategies which can be undertaken to overcome issues, and underpinning legislation.

1.4 What are the common barriers to delivery and what can be done to overcome them?

2. Street works (England and Wales)

Broadband suppliers and their contractors use a range of different infrastructure and installation methodologies to deploy broadband, including existing Openreach ducts and poles, known as Physical Infrastructure Access (PIA)^{[footnote 1]}, use of utilities’ infrastructure such as electricity poles, installing across private land, and traditional methods of excavating the public highway^{[footnote 2]} to install ducts, poles and cables.

Suppliers have powers under the New Roads and Street Works Act 1991 to excavate and install broadband infrastructure in the public highway, and further powers under the General Permitted Development Order 2015 to install new poles and cabinets on the public highway for fixed line broadband provision. Should ducts, poles or cabinets need to be installed in or on private land a wayleave needs to be granted by the landowner.

Whether being installed on the public highway or on private land, ducts, poles and cabinets should always be installed in line with the Cabinet Siting and Pole Siting Code of Practice.

When a supplier needs to install their infrastructure in or on the public highway, in all cases a street works permit will be required which is signed off by the highways authority (HA). Permits allow suppliers or their contractors to work in the highway for a set number of days and contain information about the infrastructure location in the highway, reinstatements and traffic management. Suppliers may also need to seek other permissions such as traffic signals and Temporary Road Traffic Regulation Orders (TTROs) in addition to permit applications.

Suppliers, contractors, and highways authorities need to work in an agreeable and cooperative manner in ensuring that permits and TTROs are approved to allow rollout of gigabit-capable broadband to be undertaken in a timely manner.

DSIT, Department for Transport (DFT), Highways Authorities Utilities Committee (HAUC) UK and Joint Authorities Group (JAG) UK (the trade bodies for highways authorities) have developed the Street Works Toolkit V.2.0 which is viewed as the accepted best practice for all broadband suppliers, utilities and highways authorities.

2.1 Table 1 Barriers to delivery of broadband - street works.

	Barrier to delivery	Link to Barriers and Mitigating actions Grid
1.1	Defective reinstatements[footnote 3] - The current pace and volume of network build by broadband suppliers and their contractors across the UK, can often result in a poor standards of reinstatement the highway. This often leads to highways authorities (HAs) cancelling permits for some suppliers, and seeking remedial plans to address defective reinstatements before any new works can take place.	Permits refused by HA due to poor quality reinstatements by contractor Streetworks tab, row 8
1.2	Permits refused due to other utilities’ works - Road space is allocated on a first come first served basis, therefore, broadband suppliers may struggle in areas where long term closures are in place ie gas mains replacements.	HA refusing permits due to other utilities works in the same location Streetworks tab, row 9
1.3	Signing off permits in a timely manner - Permits sometimes are not picked up by the HA in time. Suppliers and contractors can often also be at fault for submitting erroneous information.	HA not signing of permits or road closures in a timely manner causing delays Streetworks tab, row10
1.4	Street Works permit categories - There are 3 categories of permit - minor (3 days), standard (4-10 days) and major (12 weeks). Major permits should only be required when a full road closure (known as a Temporary Traffic Regulation Order or TTRO) is needed. There have been some recent changes to DfT regulations which have caused some confusion.	Permit categories Streetworks tab, row 11
1.5	Early starts / lack of prior notification - Suppliers should give the HA 3 month’s prior notification of works in line with HAUC guidance page 64. Overuse of early starts instead of undertaking proper forward planning is becoming a major frustration of HAs.	Prior notification of works / early starts Streetworks tab, row 11
1.6	Section 58 restrictions - can be imposed by an HA preventing all street works on a certain road for a period of up to two years. Section 58s are often used to avoid streets from being disturbed after a road resurfacing programme. Embargoes and special events can delay installation works by several weeks, however they are published by HAs several months in advance on Street Manager, the tool used nationally to apply for permits, road closures etc. Early engagement between HAs and suppliers / contractors is key in managing broadband delivery around these restrictions and events.	Section 58s, embargoes and special events Streetworks tab, row 12
1.7	It is important that a positive and good working relationship exists between suppliers, contractors and HAs, and that all parties work together in a cooperative manner. Poor relationships lead to adversarial situations causing delays to delivery programmes. This is referred to in the Supplier Delivery Pledge. Suppliers offering a Single Point of Contact (SPOC) to work alongside Highways teams in agreeing permits and road closures would be beneficial. Some suppliers may be willing to fund additional resource within Highways teams to ensure timely agreeing of permits etc.	Poor working relationship between supplier and HA Streetworks tab, row 13
1.8	Lack of understanding of Street Manager - Street Manager is the government portal used to submit permits. Suppliers must ensure contractors are competent in its use, otherwise permits are likely to be refused if not submitted in the correct way.	Poor understanding of Street Manager leading to permits being submitted incorrectly and subsequently refused by the HA Streetworks tab, row 14
1.9	Micro-trenching - All highways authorities should now permit the use of micro-trenching following changes to recent legislation around reinstatements	Opposition to use of micro trenching Streetworks tab, row 15
1.10	Opposition to poles - Some local communities have recently been opposed to installation of new poles to install broadband (which suppliers have a legal right to install).	Siting of poles and cabinets Streetworks tab, row 16
1.11	Encourage best practice approaches from LAs in drawing together required skill sets within council to enable and facilitate timely rollout of gigabit broadband	LAs to convene skills sets within council to facilitate roll out Streetworks tab, row 17

3. Wayleaves

Wayleaves are legal consents required to allow the installation of broadband services into a property or over land. A wayleave is generally accompanied by a Risk Assessment and Method Statement (RAMS) document, which shows specific detail around location of the duct / cable. Wayleaves are signed off by property lawyers on behalf of the freeholder and sometimes the long leaseholder of the land or building, but are generally first reviewed and processed by a chartered surveyor (which may often be a management agent) and a building surveyor (if installing into a property), who will consider the proposed cable location in relation to other utilities and any Health and Safety considerations such as asbestos.

Use of standardised wayleaves such as the City of London standardised wayleave (for property) and CLA / NFU standard wayleave for land, is now commonplace and suppliers should be encouraged to use standardised wayleaves where possible, which saves all parties money and time.

The industry has now established the National Connectivity Alliance. The Alliance is a central forum where operators can speak with site providers (including public bodies) about challenges accessing land for deployment. This forum will be the primary way DSIT speak to the telecoms industry about this subject in future. The relationships built up with site providers by participating in this forum are also likely to be beneficial in reaching agreements in the long term.

Information on seeking wayleaves from government departments can be found in the BDUK Broadband Delivery Toolkit.

As part of the BDUK funded Project Gigabit, suppliers undertaking local and regional contracts will need to provide a wayleave report each month advising of progress in securing wayleaves to build broadband networks. Local authorities will need to work with BDUK Local Delivery Leads to review suppliers’ progress in agreeing wayleaves, and to agree mitigating actions with the supplier. The guidance below is intended to assist in this process:

3.1 Table 2 Barriers to delivery of broadband - wayleaves

	Barrier to Delivery	Link to Barriers and Mitigating Actions Grid
2.1	Unresponsive landlords - broadband suppliers have faced challenges in securing wayleaves from building owners to connect blocks of flats. The Telecommunications Infrastructure Leasehold Property Act (TILPA) will address this issue. Similarly the PSTI Act will address unresponsive landlords in relation to land access.	The landlord of a multi dwelling unit (MDU) has not responded to wayleave request from supplier Wayleaves and access issues tab, row 6
2.2	Building or land owner refusing wayleave - land and property owners are within their rights to refuse wayleaves. Broadband suppliers however have powers to serve notice under the Electronic Communications Code 2017 to gain access to the land / building, which can often result in the case being referred to the Upper Lands Tribunal if the dispute cannot be resolved.	Landlords of MDUs responding but not consenting to wayleave to install in multi dwelling units or land Wayleaves and access issues tab, row 7
2.3	Building or land owner charging exorbitant fees for wayleaves and / or professional fees - This often makes connecting buildings or areas not cost effective for suppliers and can lead to descoping of premises from build plans. DSIT has set out the valuation procedure which should be adopted by landowners and is shown in the link opposite.	Landlord trying to charge exorbitant sums of money for wayleave to install broadband infrastructure in a multi dwelling unit (MDU) or in private land Wayleaves and access issues tab, row 8
2.4	Other Government Departments (OGDs) and Arm’s Length Bodies (ALBs) refusing wayleaves. OGDs and ALBs have their own special interests to protect i.e. conservation and quite often their legislation will overrule the powers of broadband suppliers.	Supplier is struggling to agree wayleave with OGD / ALB Wayleaves and access issues tab, row 9
2.5	Standardised wayleaves - Use of standardised wayleaves such as the City of London standardised wayleave (for property) and CLA / NFU standard wayleave for land, is now commonplace and suppliers should be encouraged to use standardised wayleaves where possible which saves money and time.	Standardised wayleaves speed up negotiating of wayleaves as the supplier landlord / owner work from an agreed template which saves time and money Wayleaves and access issues tab, row 10
2.6	Where a long leaseholder exists - a tripartite wayleave agreement must be signed with the supplier, the long leaseholder and the freeholder. The freeholder cannot grant a wayleave directly to the supplier as they will be in breach of their lease with the long leaseholder. This is a common issue with Housing Associations.	Where a wayleave is being requested from a freeholder who owns property or land and there is a long leaseholder Wayleaves and access issues tab, row 11
2.7	Survey assumptions - erroneous information either at premise or street level can cause delay in connecting buildings or areas. ADEPT has previously played an invaluable role in the past in checking build packs of contractors and may be able to mitigate some of these issues.	Survey assumptions may cause errors or delays in delivery - these need to be precise at exchange, street and premises level Wayleaves and access issues tab, row 12
2.8	Drawings / site specific information - land and building owners sharing site specific data with suppliers ahead of wayleaves being drawn up will reduce errors in supporting information and lead to wayleaves being agreed faster.	Drawings of land / building or floor plans should be sent to the supplier by the landlord / land owner ahead of wayleave being drawn up Wayleaves and access issues tab, row 13
2.9	Property lawyers and surveyors can often have large caseloads - this can cause several weeks of delays. It is important that suppliers stress that the wayleave relates to a government funded programme to connect rural communities with a view to it being prioritised given it is in the national interest. Local authorities where possible should seek assurance from legal / property departments that wayleaves requests will be considered and processed in a timely manner.	Resource capacity within local authorities to progress wayleaves (surveyors / lawyers) Wayleaves and access issues tab, row 14

4. Poles and passive infrastructure (England)

Use of poles to deliver broadband is cheaper and faster than traditional methods of installation. Many broadband suppliers use Openreach’s Physical Infrastructure Access (PIA) product to access poles and ducts in delivering broadband services. More recently broadband suppliers in some areas have used poles owned by electricity networks, under the Access To Infrastructure legislation 2016, however not all electricity networks as yet have processes in place to enable this.

Suppliers have powers to install their own poles and cabinets under the General Permitted Development Order (GDPO) 2015, which negates the need for planning approval. There has been opposition to the use of poles in some areas due to perceived visual impact. Suppliers must install ducts, poles and cabinets in line with the Cabinet Siting and Pole Siting Code of Practice, and submit a 28 day notification of works to the local planning authority.

In English National Parks suppliers can install poles and other infrastructure under the GPDO 2015, however where protected views exist National Parks may refuse the use of poles and insist on underground infrastructure. The National Parks Accord agreed between National Parks and broadband suppliers has addressed this matter and outlines the planning and notification procedures required.

4.1 Table 3 Barriers to delivery of broadband - use of poles.

	Barrier to delivery	Link to Barriers and Mitigating Actions Grid
3.1	Defective Openreach poles - Suppliers can request the replacement of Openreach poles that are damaged or structurally unsound through the network adjustment process. Ofcom and the Office for Telecoms Adjudicator can be appealed to if the supplier is not receiving the desired response.	Supplier struggling to get Openreach to replace defective pole Poles / passive infrastructure tab, row 8
3.2	National Parks - Suppliers can use existing poles in the usual way in line with the Code of Practice but must notify National Park of impending works, in line with the provisions in the National Parks Accord. Some new poles are likely to be refused if within protected or sensitive areas due to impact on visual amenity.	Installation of new poles in National Parks Poles / passive infrastructure tab, row 9
3.3	Local opposition to poles - Some communities will be resistant to use of poles. Suppliers will need to manage this matter as sensitively as possible. Providing as much advance notification as possible to HAs and the public regarding pole installation, is likely reduce complaints.	Resistance from local communities to the installation of new poles on the public highway due to visual aspects Poles / passive infrastructure tab, row 10
3.4	Suppliers struggling to gain access to electricity poles. Suppliers and electricity networks have agreed on a procedure for accessing electricity poles. Some electricity networks have not yet embedded this procedure within their internal processes and continue to refuse access to suppliers. Discussions with electricity networks are continuing. Suppliers should raise access issues with BDUK directly	Resistance or lack of cooperation from electricity District Network Operators (DNOs) in allowing access to “joint user” electricity poles to install broadband infrastructure Poles / passive infrastructure tab, row 11

5. Installing in or near to National Parks and government owned land (England)

In National Parks suppliers can install poles and other infrastructure under the GPDO 2015, however where protected views exist, National Parks Authorities may refuse the use of poles and insist on underground infrastructure. The National Parks Accord agreed between National Parks England and broadband suppliers has addressed this matter and outlines the planning and notification procedures required.

As previously mentioned in table 2, broadband suppliers often struggle to secure timely agreement of wayleaves from government departments or arm’s length bodies for various reasons. Broadband suppliers also have to gain approval for other legal consents from government departments or arm’s length bodies such as Natural England and Historic England to build in / over / near to land with environmental or historic protection or other government owned / managed land and structures, which can take several months to gain approval. Guidance documents for securing these other legal consents can be found in the BDUK broadband delivery guidance, which includes specialist guidance from Natural England, Historic England, Network Rail, National Highways and others.

5.1 Table 4 Delivery challenges in installing in OGD / ALB land / structures

	Barrier to delivery	Link to Barriers and Mitigating Actions Grid
4.1	Complex planning and notification requirements around delivering broadband infrastructure in National Parks can be challenging for suppliers. The National Parks Accord clarifies planning requirements and encourages early engagement with National Parks Authorities.	Building broadband networks in National Parks Installing in / over / under OGD land, row 7
4.2	Installing in / near to government owned or managed land or structures - agreement from government departments and arm’s length bodies can often take a long time as environmental, planning, structural, asset protection or various other matters will need to be considered. The BDUK broadband delivery guidance provides guidance on the steps which need to be taken to secure consents in land with environmental and heritage protection as well as other	Supplier seeking consent from an OGD / ALB to install underneath road or within structure Installing in / over / under OGD land, row 8
4.3	Suppliers occasionally struggle to secure wayleaves from large (non government) land owners. If suppliers are unable to secure the required wayleaves they should contact the Local Authority and BDUK with a view to them unlocking disputes.	Difficulty in securing wayleaves from large landowners / charging of exorbitant costs for access Installing in / over / under OGD land, row 9

6. Supplier Delivery Pledge

The Supplier Delivery Pledge aims to promote best practice and approaches expected from broadband suppliers and their contractors in delivering gigabit-capable broadband. The Pledge aims to build greater cooperation with highways authorities, improve the effectiveness of approaches to wayleaves and to foster enhanced communications with residents and local groups, who can often help to speed up rollout by leveraging local knowledge and relationships. The Pledge has been consulted on by HAUC UK (Highways Authorities Utilities Committee) and JAG (Joint Advisory Group), the trade bodies for Highways Authorities, as a well as the ADEPT’s Digital Connectivity Working Group.

1. Openreach is considered by Ofcom to have “Significant Market Power” meaning it enjoys an unfair advantage over other suppliers (and is potentially a threat to the competitive nature of the market). As part of its regulation of Openreach, Ofcom has forced it to open up its passive infrastructure (ducts and telephone poles) to other operators in return for a wholesale payment from those operators. Sometimes also called “Duct and Pole Access” but PIA is the official Openreach product name ↩

2. A public highway is a highway over which every member of the public has a free right of passage. The term ‘highway’ includes public streets, roads, pavements, footpaths, walkways, cycle tracks and bridleways. ↩

3. An example of a defective reinstatement can be found here. ↩