New Build - Streetlight installed within boundary

Jon_B_2

Hi,

We have recently moved into a new build property. At the time the streetlight plans had not been finalised and I couldn't find any plans for streetlights on our council planning portal.

Nevertheless I am sure somewhere that we have probably signed something to say that we have seen plans blah blah blah.

3 weeks after we completed, the developer has started installing the streetlight columns - unfortunately it seems as we don't have a pavement outside the house, they have decided to take up a few of our plants and install a pole within our garden boundary.

A couple of our neighbours have expressed concern that it is on our boundary and the assistant site manager commented on that fact also whilst having a chat.

Basically am I responsible or liable for this streetlight at all as it is within our boundary? I'm not happy with the location to be honest, but I suspect it is too late to do anything now.

gregsayer

time to get the angle grinder out!

martinsurrey

gregsayer wrote: »

time to get the angle grinder out!

Great idea, then the OP wouldn't need to worry about the light, as he'd be arrested and locked up for the night for criminal damage!

now that's thinking outside the box!

macman

Has a wayleave been granted allowing the pole to be on your property? If so, there is no comeback.

davidmcn

Jon_B wrote: »

Basically am I responsible or liable for this streetlight at all

You mean you didn't budget for the extra-tall ladder and a supply of bulbs?

AndyBSG

If public lighting has been installed on your property there should be a Wayleave agreement in place which details how much they should be paying you for the privilege of using your land.

http://www.wayleave.com/

davidmcn

AndyBSG wrote: »

If public lighting has been installed on your property there should be a Wayleave agreement in place which details how much they should be paying you for the privilege of using your land.

http://www.wayleave.com/

Nobody in a newbuild development is going to get paid anything for this sort of thing - the contracts (and/or the titles) no doubt include their agreement for lighting, utilities, adoption of part of "their" plot as public highway, etc.

DandelionPatrol

davidmcn wrote: »

Nobody in a newbuild development is going to get paid anything for this sort of thing - the contracts (and/or the titles) no doubt include their agreement for lighting, utilities, adoption of part of "their" plot as public highway, etc.

Probably. But you cannot be so certain. OP should check out the deeds.

gregsayer

martinsurrey wrote: »

Great idea, then the OP wouldn't need to worry about the light, as he'd be arrested and locked up for the night for criminal damage!

now that's thinking outside the box!

or just put more plants over the post stump, and just say "what street light?"


on a serious note, wouldn't the installation team pulling up plants, constitute criminal damage?

martinsurrey

gregsayer wrote: »

or just put more plants over the post stump, and just say "what street light?"


on a serious note, wouldn't the installation team pulling up plants, constitute criminal damage?

The OP will have almost certainly signed something allowing the developer to do things like this needed to satisfy planning regulations.

If they want to question it, here is not the place, they need to contact their solicitor.

Davesnave

gregsayer wrote: »

on a serious note, wouldn't the installation team pulling up plants, constitute criminal damage?

The electricity providers can't re-instate my fields if they need to come in during the winter, when even a Land Rover has to be pulled by a digger. That's life. I don't think suing them for criminal damage would get me far either!

I want my electricity and land line to work, so I accept the consequences.

I imagine the OP would like their new estate to have lighting. As others have already said, the devil of this is probably in the details in paperwork somewhere.