Streetlight attached to house

stitchmaker85

Hoping someone might have an idea of what I can do in this situation.

We live in a terraced house, pretty close to to the street, I'd say 1.5m front garden between house and pavement. House was built circa 1900. Several houses along the street have street lights physically attached to them, including ours. 

We bought the house 4 years ago and its not been an issue before, however we are soon to have work down, a new roof, new guttering, and would like to get the house re-rendered, and it will obstruct this being done due to it's position (at least the rendering part).

Besides this, I no longer want the street light physically attached to my property as it is very close to my daughters bedroom window and despite having a blackout blind, light creeps in. I'd rather install a security light ourselves lower down, more in line with the porch we're putting on at the same time. 

Anyone have any experience with getting one of these removed or what my rights are in this situation?

Nothing came up in the searches when we bought it but I would have thought that in some point in the past, an owner must have given permission for this to be affixed to the house? I also cant work out what is actually powering it as there are no cables I can see, the only ones visible are phone lines. 

We aren't being paid to have this eyesore attached to our house, so do we legally have to keep it?

Section62

stitchmaker85 said:

Anyone have any experience with getting one of these removed or what my rights are in this situation?

Nothing came up in the searches when we bought it but I would have thought that in some point in the past, an owner must have given permission for this to be affixed to the house? I also cant work out what is actually powering it as there are no cables I can see, the only ones visible are phone lines. 

We aren't being paid to have this eyesore attached to our house, so do we legally have to keep it?

The light is obviously still in use, so you need to find out who is responsible for it, and whether they would be willing to have it moved (/temporarily if necessary for your building work)

The most likely ownership/responsibility will be the local highway authority - although other organisations such as parish councils or resident's associations have powers/rights to put up and maintain street lighting.

There are lots of different bits of legislation relating to street lighting - and that includes powers to place street lights on buildings next to a road or path. The law also varies from place to place.  It is likely the light is where it is using one of these powers, you won't be getting paid for it because the law treats this kind of thing (including street signs attached to buildings) as part of the common good.  Legally you can't remove it without the owner's consent - you can ask them to move it, but unless there is a suitable alternative location the answer is likely to be 'no'.

If light getting into the bedroom is a problem you can ask the owner to fit a shield on the lantern so the light is blocked in that direction, although whether that will work or not depends on the exact arrangement of light and window.

stitchmaker85

Thanks section62, whether they are 'willing' to move it or not, I'm presuming there must be something in place as surely they cannot simply refuse it to be removed to facilitate maintenance work, as that would surely be causing detriment to the piece of property it is attached to? 

Section62

stitchmaker85 said:

Thanks section62, whether they are 'willing' to move it or not, I'm presuming there must be something in place as surely they cannot simply refuse it to be removed to facilitate maintenance work, as that would surely be causing detriment to the piece of property it is attached to? 

It depends on the legislation, I think you'd have to rely on case law as I can't think of anything off the top of my head in the relevant legislation which covers (temporary) removal for maintenance work - the legislation creates a power to 'affix', without much in the way of detail.  Once you've worked out who the light belongs to, and the legislation involved, then you'll be able to find out what rights you have.

In practical terms it doesn't cause a problem very often - if someone needs a light (re)moved the relevant street lighting authority gives them a quote for the cost and the property owner either agrees to pay, or finds a different way of working.

Ultimately you may be able to get some kind of court order requiring the light to be temporarily removed so you can do the necessary work to your property if there were demonstrable 'detriment'... but that legal action is likely to cost more than paying what the lighting owner wants in the first place.

Grumpy_chap

Who pays for the electricity to this street light?
Is it actually a street light maintained by the LA?
If you turn off all your power at the meter, does the streetlight go out?

Here is an old thread on the same subject matter, not sure if it is really useful but may be worth a read:
https://forums.moneysavingexpert.com/discussion/5402541/street-light-on-my-property-can-i-charge-rent
At least you know you are not the only person outside your street with this (unless the previous OP also lives in your street, which would be an odd coincidence).

stitchmaker85 said:

Hoping someone might have an idea of what I can do in this situation.

We live in a terraced house, pretty close to to the street, I'd say 1.5m front garden between house and pavement. House was built circa 1900. Several houses along the street have street lights physically attached to them, including ours. 

We bought the house 4 years ago and its not been an issue before, however we are soon to have work down, a new roof, new guttering, and would like to get the house re-rendered, and it will obstruct this being done due to it's position (at least the rendering part).

Besides this, I no longer want the street light physically attached to my property as it is very close to my daughters bedroom window and despite having a blackout blind, light creeps in. I'd rather install a security light ourselves lower down, more in line with the porch we're putting on at the same time. 

Anyone have any experience with getting one of these removed or what my rights are in this situation?

Nothing came up in the searches when we bought it but I would have thought that in some point in the past, an owner must have given permission for this to be affixed to the house? I also cant work out what is actually powering it as there are no cables I can see, the only ones visible are phone lines. 

We aren't being paid to have this eyesore attached to our house, so do we legally have to keep it?

theonlywayisup

Is there a wayleave agreement in place?

stitchmaker85

theonlywayisup said:

Is there a wayleave agreement in place?

I don't know? How can I find out?

fenwick458

whats puzzling me is how you can't see the supply cable going to it?
I don't know for sure but this Is just a reasonable guess: whoever owns it will remove it temporarily whilst you re render the house, thats the only logical way this can happen. whats the alternatives? they tell you that you can never move it, ever? or they tell you to move it yourself, or employ someone to do it? seems even more unlikely.
find out who owns it and go from there

Robin9

Switch your supply off at the consumer unit - does the light go out ?

Write to the various authorities as above and ask them if its theirs ?

Is the house a former council house ?

Section62

stitchmaker85 said:

Thanks section62, whether they are 'willing' to move it or not, I'm presuming there must be something in place as surely they cannot simply refuse it to be removed to facilitate maintenance work, as that would surely be causing detriment to the piece of property it is attached to? 

Just a thought - I'd assumed given the age of your property the street light has been in place for a very long time and therefore the rights in use would be the historic ones.

It might be worth taking a gamble on the LA not knowing their legislation properly and serving a notice on them under Section 45(4) of the Public Health Act 1961 (temporary removal of 'attachments' for maintenance).

If they don't dispute that S45 applies, then you could try a notice under S45(3) for permanent removal.

https://www.legislation.gov.uk/ukpga/Eliz2/9-10/64/section/45

I suspect they may then find evidence the lighting pre-dates the 1961 Act... but you will at least then have something conclusive about ownership and the powers the LA believe they have to keep the light where it is.

Section62

fenwick458 said:

whats puzzling me is how you can't see the supply cable going to it?

Wall mounted street lights are often fed via steel conduit running down from eaves level... the conduit could have been buried under render when that was last done?