5G Mast being installed on a friend's property

TN1984

A friend of mine has just received notification from a surveyor that they are seeking planning permission for a 16 metre 5G mast on his property. The proposed site is on the strip of land (that he owns) between his garage and the road.

He is trying to find some more specialist advise on the matter but so far he has basically been told it is a government directive to find sites for these masts and as that has been deemed the best place in the area for this mast, there is not much he can do about it. As they see it, planning permission is a given and they think it could be up before Christmas.

Are there any options he can look at here? Even if he can't stop it happening, is there really no compensation required for affected properties? Apart from anything else such as not wanting to live in a house overlooked by a massive mast, it is without doubt going to devalue his house significantly, potentially make it worthless. He is quite obviously extremely worried about the situation and so any help / guidance anyone has would be appreciated.

Section62

TN1984 said:

The proposed site is on the strip of land (that he owns) between his garage and the road.

If he owns the land the Telco cannot put a mast on it without either buying the land or leasing it off him.

Is he sure he owns the land?  What makes him think that?

The Telco probably think the land is part of the public highway, which gives them the right to use it (STPP).

user1977

Has something perhaps been lost in translation? Might be easier if your friend posted here himself rather than via you.

theartfullodger

He should wear a metal foil hat, obvs.  Write/email CEO of telecommunications company enquiring under what right they think they may place mast there.  There might be £££££ in it for him.

TN1984

Section62 said:

TN1984 said:

The proposed site is on the strip of land (that he owns) between his garage and the road.

If he owns the land the Telco cannot put a mast on it without either buying the land or leasing it off him.

Is he sure he owns the land?  What makes him think that?

The Telco probably think the land is part of the public highway, which gives them the right to use it (STPP).

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

user1977

TN1984 said:

Section62 said:

TN1984 said:

The proposed site is on the strip of land (that he owns) between his garage and the road.

If he owns the land the Telco cannot put a mast on it without either buying the land or leasing it off him.

Is he sure he owns the land?  What makes him think that?

The Telco probably think the land is part of the public highway, which gives them the right to use it (STPP).

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

And he's sure it isn't a verge forming part of the public highway? (the fact he has title to it doesn't make a difference - often houses "own" all the land to the middle of the road)

Section62

TN1984 said:

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

When you say "public footpath", do you mean the path running alongside the road (called a 'footway')?

If there is land between the back of the footway and whatever fence/hedge/wall he has then this land could be part of the public highway.

If the road is an old one (i.e. not built as part of a development and adopted) then the chances are his freehold actually extends to the centre of the road.  However, the part which is highway is affected by public rights to pass over it, and a right for utilty companies to put their equipment on and under it.

The title plan is usually based on an ordnance survey map with the boundaries only being shown approximately following the lines the mapmaker saw and thought had some significance.  The true boundaries can be elsewhere.

If my assumptions above are correct then your friend will need to prove that the land the mast is due to go on belongs to him and is not highway.  He'll need to consult a solicitor to do that.

Meanwhile, if you can post pictures and an extract of the title plan (with identifying information removed) we might be able to comment on his chances of successfully claiming the land isn't highway - that could save him the wasted cost of asking a solicitor. (the odds in his favour are not good)
 

TN1984

user1977 said:

TN1984 said:

Section62 said:

TN1984 said:

The proposed site is on the strip of land (that he owns) between his garage and the road.

If he owns the land the Telco cannot put a mast on it without either buying the land or leasing it off him.

Is he sure he owns the land?  What makes him think that?

The Telco probably think the land is part of the public highway, which gives them the right to use it (STPP).

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

And he's sure it isn't a verge forming part of the public highway? (the fact he has title to it doesn't make a difference - often houses "own" all the land to the middle of the road)

Section62 said:

TN1984 said:

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

When you say "public footpath", do you mean the path running alongside the road (called a 'footway')?

If there is land between the back of the footway and whatever fence/hedge/wall he has then this land could be part of the public highway.

If the road is an old one (i.e. not built as part of a development and adopted) then the chances are his freehold actually extends to the centre of the road.  However, the part which is highway is affected by public rights to pass over it, and a right for utilty companies to put their equipment on and under it.

The title plan is usually based on an ordnance survey map with the boundaries only being shown approximately following the lines the mapmaker saw and thought had some significance.  The true boundaries can be elsewhere.

If my assumptions above are correct then your friend will need to prove that the land the mast is due to go on belongs to him and is not highway.  He'll need to consult a solicitor to do that.

Meanwhile, if you can post pictures and an extract of the title plan (with identifying information removed) we might be able to comment on his chances of successfully claiming the land isn't highway - that could save him the wasted cost of asking a solicitor. (the odds in his favour are not good)
 

Thanks for the replies. I just don't know the answers to much of the above unfortunately, I only had a brief conversation/look with him this morning and have no real understanding of these matters. I just mentioned I would make a post to see what I could find out as he obviously very worried right now. I will need to speak to him and find out more of the specifics in relation to the above.

ProDave

Quickly buy and plant a mature native tree and get a TPO on the tree?

theoretica

Does he have a mortgage?  Mortgage lenders may take an interest in things which will devalue a house.  Legal protection on home insurance?

TN1984

Section62 said:

TN1984 said:

He showed me the proposed plans against his title deeds, and it certainly looked like they want to do it on his land. The title plan shows his border right the way up to the narrow public footpath, the other side of which is the road. There does not seem to be any other land in-between, at least to my untrained eye.

When you say "public footpath", do you mean the path running alongside the road (called a 'footway')?

If there is land between the back of the footway and whatever fence/hedge/wall he has then this land could be part of the public highway.

If the road is an old one (i.e. not built as part of a development and adopted) then the chances are his freehold actually extends to the centre of the road.  However, the part which is highway is affected by public rights to pass over it, and a right for utilty companies to put their equipment on and under it.

The title plan is usually based on an ordnance survey map with the boundaries only being shown approximately following the lines the mapmaker saw and thought had some significance.  The true boundaries can be elsewhere.

If my assumptions above are correct then your friend will need to prove that the land the mast is due to go on belongs to him and is not highway.  He'll need to consult a solicitor to do that.

Meanwhile, if you can post pictures and an extract of the title plan (with identifying information removed) we might be able to comment on his chances of successfully claiming the land isn't highway - that could save him the wasted cost of asking a solicitor. (the odds in his favour are not good)
 

Do any of these images help?