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BT Wayleave advice for telegraph pole.

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Hi, we have a BT Openreach telegraph pole on our property (serving in total 3 properties). It's right in the way of where we want to locate a new garage. Also, one of the cables cuts right across our garden and drive where we want to plant some trees.  I have checked our deeds and see no evidence of a Wayleave agreement, and we have not received any payments from BT/Openreach in the 12 years we have lived at the property. I would like to see the pole moved about 10 feet off our land onto an area of riparian ground (perfectly suitable location, 10 feet from roadside).  I think the next step is to determine if BT/Openreach have a Wayleave for the pole. I have found a form 39(1) of Part 6 of Schedule 3A of the Communications Act 2003. Should I just fill this out and send it in or is there a phone number I can call (the form says they can take up to 3 months to respond but it does also make clear that if they don't respond in that time I can simply remove it). I can't do that of course because one of the lines is to our house. Can anyone advise me on the best way to proceed? Would it be better for example to engage a wayleave specialist? Thanks in advance, Rob.
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Comments

  • Pok3mon
    Pok3mon Posts: 163 Forumite
    100 Posts Photogenic First Anniversary
    edited 29 August 2021 at 8:56PM
    It might be someone previously revived wayleave compensation a one off payment. Highly unlikely they will move it and if they will it will cost you a few bob. 

    Developers are very clued up an wayleaves and tend to claim the compensation so no payments are due to the owner.

    You have just remanded me I have a wayleave on my property I am selling!!
  • user1977
    user1977 Posts: 17,776 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I think if you want to shift the cable serving your own property, you'll need to pay. 
  • You need to find the wayleave department at Openreach and ask them if there is an existing wayleave for the pole.
    If there isn't then they will offer you one and you can ask them how much to move the pole.

    We have the same issue with an electric pole, the stay wire is in the way of our intended parking area. They have offered to move the stay wire a few yards for a fee - it's only a few hundred pounds, but it's a lot easier to move a wire than resiting the whole pole.
    The previous owners of our property had a wayleave for the pole, but it had expired.
  • Section62
    Section62 Posts: 9,734 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    You need to find the wayleave department at Openreach and ask them if there is an existing wayleave for the pole.

    If there isn't then they will offer you one and you can ask them how much to move the pole.

    The rules do differ depending on whether your property is served by the pole in question.

    If the pole is required to serve your property (even if the wire is not currently in use) then it could be there and with apparatus serving other properties without necessarily requiring a wayleave.
  • Thanks everyone for the useful advice. I will try to find out more from Openreach.  Rob.
  • simplealan
    simplealan Posts: 25 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    NeverTooLate  said "You need to find the wayleave department at Openreach"
    How do I do that?
    What is their telephone number?
    The only number I have, from January 2000, says it is "incorrect".
  • boots_babe
    boots_babe Posts: 3,295 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    We have a telegraph pole in our garden with no wayleave. When we enquired about getting it moved, we were quoted ~£40k to do so. Needless to say we've left it as is :-(
  • simplealan
    simplealan Posts: 25 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Thanks, boots_babe, but where or how did you enquire about it?
    I don't particularly want it moved again because it serves a neighbour some 100s of metres away via overhead wire (although they did in fact move the pole once before without any consultation or permission while I was out - and free of charge!)
    Are Open Reach deliberately hiding from customers or am I missing something?
    Do they not want to talk to real people?
  • Section62
    Section62 Posts: 9,734 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Thanks, boots_babe, but where or how did you enquire about it?
    I don't particularly want it moved again because it serves a neighbour some 100s of metres away via overhead wire (although they did in fact move the pole once before without any consultation or permission while I was out - and free of charge!)
    Are Open Reach deliberately hiding from customers or am I missing something?
    Do they not want to talk to real people?
    You can find the right online form to fill in here -

    I guess they may have withdrawn the old phone numbers because they don't want members of the public calling to complain their phone/broadband isn't working.
  • 35har1old
    35har1old Posts: 1,903 Forumite
    1,000 Posts Second Anniversary Name Dropper
    NeverTooLate  said "You need to find the wayleave department at Openreach"
    How do I do that?
    What is their telephone number?
    The only number I have, from January 2000, says it is "incorrect".
    Openreach don't really have a customer service number for the general public.There is a emergency number but it is likely that you would be told to fill a form in. Response in three working days
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