Neighbour Obstructing Openreach

hattiejordan

My son and his girlfriend bought their first home together a few months ago.  They ordered ultrafast broadband from Sky which they ideally need as she works from home.  When Openreach came to install, the neighbour who parks on the road, refused to move his car and has continued to refuse to do so ever since - this also caused problems when the water company wanted a reading as the water meter was covered by the car.  The neighbour very rarely moves his car from this spot as he has a van he uses for his day to day needs.  Where do they stand here as the road is a public road?

Brie

As long as his car is MOTd and licenced I don't think there is anything they can do except find a nice way to make him move it for their convenience, even temporarily.  Whether a company can insist on it being moved for something that has to happen might be a possibility but when it's something minor (relatively) like installing broadband or reading a meter I doubt they will have any pull.  If it needed to be moved due to a gas leak or similar that would be a different issue and I suspect the car could be moved/ceased if it's causing an obstruction.

Baldytyke88

This is what AI says "Yes, there is a legal duty for property owners to allow access to manhole utilities, and utility companies have statutory rights of access to private land for maintenance of public sewers."

My guess is that it's referring to private land, I am sure Openreach will have come across this before, let them deal with it.

Maybe the guy does not want to move his car because his car is faulty or he is afraid of losing his spot. Bribe him.

john1

See this Ofcom document regarding "Code Powers" Schedule 3A of the Communications Act 2003

The Code confers “code rights” on a person with Code powers. A code right is a right to:

install electronic communications apparatus on, under or over the land;

keep installed apparatus which is on, under or over land;

inspect, maintain, and operate apparatus;

carry out any works on the land to enable apparatus to be installed and maintained;

gain access to land to maintain or operate apparatus;

connect to a power supply;

interfere with or obstruct a means of access to or from the land (whether or not any electronic communications apparatus is on, under or over the land); and

lop or cut back any tree or other vegetation that could interfere with apparatus.

In connection with these rights, the Code allows persons to whom the Code applies to:

construct and maintain electronic communications networks and infrastructure (such as ducts, cabinets and poles) on public highways without the need to obtain a street works licence to undertake such works;

construct communications infrastructure which is classified as ‘permitted developments’ under Town and Country Planning legislation (such as certain types of masts, poles and cabinets) without the need to apply for planning permission;

in the event that agreement cannot be reached with the owner or occupier of private land, the Code allows an operator to apply to the Court to impose an agreement which confers the Code right being sought or for the Code right to bind the landowner or occupier; and

claim compensation from a local authority in circumstances where that local authority has obstructed access to electronic communications apparatus in certain stipulated circumstances.

Brie

I get what people are saying about Ofcom code of rights but the OP is talking about someone parking on public land not the OP as owner/occupier obstructing access to private land.  Openreach isn't going to spend time and money to take the neighbour to court to get a car moved for the OP's convenience.  

john1

construct and maintain electronic communications networks and infrastructure (such as ducts, cabinets and poles) on public highways

Brie

john1 said:

construct and maintain electronic communications networks and infrastructure (such as ducts, cabinets and poles) on public highways

none of which is required.

Grumpy_chap

This is Openreach's problem and they will sort it, using statutory powers if needed.  Best for the OP to keep out of the matter.

QrizB

Next time he moves his car,can you park yours there?

BikingBud

Baldytyke88 said:

This is what AI says "Yes, there is a legal duty for property owners to allow access to manhole utilities, and utility companies have statutory rights of access to private land for maintenance of public sewers."

My guess is that it's referring to private land, I am sure Openreach will have come across this before, let them deal with it.

Maybe the guy does not want to move his car because his car is faulty or he is afraid of losing his spot. Bribe him.

What a world we live in 😖