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  • FIRST POST
    • Ninnut85
    • By Ninnut85 2nd Jul 13, 10:17 AM
    • 108Posts
    • 94Thanks
    Ninnut85
    BT pole on my property
    • #1
    • 2nd Jul 13, 10:17 AM
    BT pole on my property 2nd Jul 13 at 10:17 AM
    Hello all, just after some help.
    On my property is a BT telegraph pole. Normally I wouldn't
    be bothered by the fact but annoyingly BT, for some reason, installed it on my driveway, at one side of the drive but it makes is a pain when getting the car on and off the driveway.
    I'm not sure how long the pole has been there but it seems pretty old, 20+ years at a guess.
    I contacted BT via their website to ask for them to provide me with proof of wayleave access for the pole. I received a reply stating they had no wayleave for the pole.
    I then went on to contact Openreach via their website to ask them if they cannot provide proof of wayleave then for the pole to be removed from my property.
    All I received back was a letter asking for £200 for them to send out some to "survey" the pole and look into how to move it. They then want a further £2000 to move the pole.
    As they have no wayleave for the pole to even be there in the first place this seems like they are just trying it on.
    Does anyone have any experience with this kind of thing before and any ideas on the best way to move this forward?
    It's the only pole in my area that is on private property. All the others are on the pavement, i'm not sure why this one in particular was placed onto private property.

    Thanks
    Now a proud home owner after saving a deposit for 2 years
Page 5
    • LannieDuck
    • By LannieDuck 2nd Aug 16, 1:45 PM
    • 2,275 Posts
    • 6,978 Thanks
    LannieDuck
    Ok, I have received the following from BT:

    "Counter-Notice pursuant to paragraph 21) of the electronic communications code (Telecommunications act 1984 schedule 2 as amended by schedule 3 to the communications act 2003): Notice of refusal to carry out alterations to electronic communications apparatus.

    British Telecommunications plc:

    1) Hereby acknowledges recipt of your undated notice received on the 29th August pursuant to paragraph 20 and 21 of the electronic communications code requiring it to alter certain electronic communications apparatus upon the property.

    2) Hereby gives you as freeholder of the land upon which the property stands notice that British Telecommunications plc is not willing to comply with your request to carry out the requested works.

    Your attentions is drawn to the explanatory notes as to the effect of paragrapy 20 and 21 of the electronic communications code, as set out below.

    Dated 22nd May 2013

    Jill Golding BLP1PC

    For and on behalf of

    British Telecommuncations plc
    Registered Office 81 Newgate Street London EC1A 7AJ
    Registered in England no. 18000002
    "

    Can anyone advise of what my next step should be? Clearly they are refusing to move the pole or even provide any way leave payments.
    It seems ridiculous just because they are a big company they can just go around putting things where they like and get away with it.
    Originally posted by Ninnut85
    What do "the explanatory notes as to the effect of paragraph 20 and 21 of the electronic communications code" say?
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
    • Thrugelmir
    • By Thrugelmir 2nd Aug 16, 1:48 PM
    • 61,104 Posts
    • 54,324 Thanks
    Thrugelmir
    The house and the drive were built in 1950 and the pole was installed after this.
    Originally posted by Netti9989
    Are you sure the drive was there. Few people owned cars back then.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Davesnave
    • By Davesnave 2nd Aug 16, 1:57 PM
    • 26,715 Posts
    • 96,193 Thanks
    Davesnave
    I know this is really old now but having exactly the same issue, just wondering if you have the email address you sent the email to, the one where you say you will remove the pole and Bill them.
    Originally posted by Kateb82
    I'm not sure who this is addressed to, but it's rare that issues like this are ever exactly the same.

    Be clear that in my case the pole was moved onto my property illegally at the behest of a neighbour, obviously with the help of Openreach employees, as he's not any kind of engineer. Openreach had a map showing the location of the pole, which differed markedly from the situation on the ground.

    Also, I didn't negotiate a total removal of the pole, just a relocation, plus the wayleave due to me. Being reasonable definitely helped.
    A garden is never so good as it will be next year....
    • Ninnut85
    • By Ninnut85 8th Mar 18, 5:29 PM
    • 108 Posts
    • 94 Thanks
    Ninnut85
    I know this is really old now but having exactly the same issue, just wondering if you have the email address you sent the email to, the one where you say you will remove the pole and Bill them.
    Thanks so much, you've given me a light at the end of the tunnel!!
    Originally posted by Kateb82
    Pretty much all the details of how I got them to move the pole are detailed earlier in this thread. The original email address to sent my first mail to was wayleaves.insitu@openreach.co.uk. But that was 5 years ago so things may have changed now
    Now a proud home owner after saving a deposit for 2 years
    • Ninnut85
    • By Ninnut85 8th Mar 18, 5:33 PM
    • 108 Posts
    • 94 Thanks
    Ninnut85
    The original poster seems to have had it done for free and someone else on this thread too
    Originally posted by Kateb82
    Yes they did indeed move it for free for me.

    The second email address I used to contact them was lpr@openreach.co.uk and finally I used complaints@openreach.co.uk.

    I may have gotten lucky and they might have changed their stance as this was 5 years ago but good luck with your request
    Now a proud home owner after saving a deposit for 2 years
    • Ninnut85
    • By Ninnut85 8th Mar 18, 5:36 PM
    • 108 Posts
    • 94 Thanks
    Ninnut85
    Ninnut85, Davesnave, how did you get on?
    Originally posted by dc197
    Details are on page 3 in a post i made but they did indeed move the pole at their expense
    Now a proud home owner after saving a deposit for 2 years
    • capital0ne
    • By capital0ne 8th Mar 18, 7:11 PM
    • 569 Posts
    • 271 Thanks
    capital0ne
    Hello all, just after some help.
    On my property is a BT telegraph pole. Normally I wouldn't
    be bothered by the fact but annoyingly BT, for some reason, installed it on my driveway, at one side of the drive but it makes is a pain when getting the car on and off the driveway.
    I'm not sure how long the pole has been there but it seems pretty old, 20+ years at a guess.
    Originally posted by Ninnut85
    How long have you lived on this property?
    • bastifantasti
    • By bastifantasti 9th Jul 18, 12:50 PM
    • 7 Posts
    • 0 Thanks
    bastifantasti
    Request removal of equipment
    Dear all,

    I have been scouring this forum and contacting Openreach, but cannot find the information I need.

    I want to request the removal of overhead cables which provide neighbours with telecommunications. BT have installed an underground cable, to my house. Fine. But then the have allowed the neighbours to piggyback off of this connection by installing overhead cables to my property.

    I have already established that there is no wayleave in place.

    now I would like to send an official request to Openreach giving them my 28 days notice to have the overhead cables removed (which BT nicely installed in my bricks next to my living room window )

    Does anyone have a copy of the PDF form and the correct address to send this notice to? I would love to hear from anyone who can help me.

    Kind regards,

    Seb
    • bastifantasti
    • By bastifantasti 9th Jul 18, 1:56 PM
    • 7 Posts
    • 0 Thanks
    bastifantasti
    Dear all,

    I have been scouring this forum and contacting Openreach, but cannot find the information I need.

    I want to request the removal of overhead cables which provide neighbours with telecommunications. BT have installed an underground cable, to my house. Fine. But then the have allowed the neighbours to piggyback off of this connection by installing overhead cables to my property.

    I have already established that there is no wayleave in place.

    now I would like to send an official request to Openreach giving them my 28 days notice to have the overhead cables removed (which BT nicely installed in my bricks next to my living room window )

    Does anyone have a copy of the PDF form and the correct address to send this notice to? I would love to hear from anyone who can help me.

    Kind regards,

    Seb
    Originally posted by bastifantasti
    Just to add, I see that the law changed in 2017 - does this still act in favor of people trying to have Openreach equipment removed?
    • Davesnave
    • By Davesnave 9th Jul 18, 2:30 PM
    • 26,715 Posts
    • 96,193 Thanks
    Davesnave
    Dear all,

    I have been scouring this forum and contacting Openreach, but cannot find the information I need.

    I want to request the removal of overhead cables which provide neighbours with telecommunications. BT have installed an underground cable, to my house. Fine. But then the have allowed the neighbours to piggyback off of this connection by installing overhead cables to my property.

    I have already established that there is no wayleave in place.

    now I would like to send an official request to Openreach giving them my 28 days notice to have the overhead cables removed (which BT nicely installed in my bricks next to my living room window )

    Does anyone have a copy of the PDF form and the correct address to send this notice to? I would love to hear from anyone who can help me.

    Kind regards,

    Seb
    Originally posted by bastifantasti
    Firstly, there will probably be no wayleave because you are a beneficiary of the service provided by this line. Wayleaves aren't paid in such circumstances.

    Secondly, your neighbours have not done anything; it's Openreach who have used this connection to supply the neighbours overhead, presumably because an underground route is more difficult/costly.


    We cannot advise about things like alternative routes for the cables, but it's a fair guess that if you want them re-routed underground, you would be asked to stump up the extra cash to do this. There might be some scope for re-positioning the wires, but the current set-up is not illegal in the sense that it was installed by Openreach themselves. They have simply been their usual selves if no attempt was made to contact you in advance of the work.
    A garden is never so good as it will be next year....
    • jnnythct
    • By jnnythct 10th Nov 18, 10:56 PM
    • 1 Posts
    • 0 Thanks
    jnnythct
    I too have an old pole on my property, which serves several of my neighbours. Yesterday an openreach engineer parked across my drive to access the pole to add a new line via a versalift, without prior notice, and despite the fact that blocking my drive is an offence. So I've decided to take some action and am looking to see if there is a wayleave in place. According to the Openreach site 'If the wayleave relates to equipment on your property serving a different customer then you’ll receive a payment based on standard payment rates, which are available on request. The exception to this is when the customer is a tenant of yours, in which case a payment isn’t applicable.' I have requested a copy of any wayleave for my property by sending an email to archive.ripple@bt.com. I'm not really interested in any payment as, ultimately, I want the pole moved off my property - but I know that this might take quite some time and the starting point is getting hold of the wayleave.
    • EachPenny
    • By EachPenny 10th Nov 18, 11:18 PM
    • 8,104 Posts
    • 21,824 Thanks
    EachPenny
    I too have an old pole on my property, which serves several of my neighbours. Yesterday an openreach engineer parked across my drive to access the pole to add a new line via a versalift, without prior notice, and despite the fact that blocking my drive is an offence. So I've decided to take some action and am looking to see if there is a wayleave in place. According to the Openreach site 'If the wayleave relates to equipment on your property serving a different customer then you’ll receive a payment based on standard payment rates, which are available on request. The exception to this is when the customer is a tenant of yours, in which case a payment isn’t applicable.' I have requested a copy of any wayleave for my property by sending an email to archive.ripple@bt.com. I'm not really interested in any payment as, ultimately, I want the pole moved off my property - but I know that this might take quite some time and the starting point is getting hold of the wayleave.
    Originally posted by jnnythct
    What offence do you think they committed?
    "In the future, everyone will be rich for 15 minutes"
    • Davesnave
    • By Davesnave 10th Nov 18, 11:19 PM
    • 26,715 Posts
    • 96,193 Thanks
    Davesnave
    I too have an old pole on my property, which serves several of my neighbours. Yesterday an openreach engineer parked across my drive to access the pole to add a new line via a versalift, without prior notice, and despite the fact that blocking my drive is an offence. So I've decided to take some action and am looking to see if there is a wayleave in place. According to the Openreach site 'If the wayleave relates to equipment on your property serving a different customer then you’ll receive a payment based on standard payment rates, which are available on request. The exception to this is when the customer is a tenant of yours, in which case a payment isn’t applicable.' I have requested a copy of any wayleave for my property by sending an email to archive.ripple@bt.com. I'm not really interested in any payment as, ultimately, I want the pole moved off my property - but I know that this might take quite some time and the starting point is getting hold of the wayleave.
    Originally posted by jnnythct
    Accessing poles using a cherry-picker is an everyday practice for a telephone engineer, who'd be on site to move the equipment should anyone need to enter or leave their property. For this reason, it isn't an offence.

    If the pole is 'old,' the wayleave is likely to have been paid when it was installed, so it could be that a person owning your property at that time didn't pass the paperwork on when the house was sold.

    Whether a wayleave is in place or not has only a secondary bearing on whether a pole can be moved. The first question will always be, "To where?" and the second, "Who pays?"

    In the case of a pole in the wrong place, which was my situation, Openreach paid, but please note that I provided them an alternative location for it.

    Even if there is no wayleave for a pole, that doesn't mean it was erected illegally or that it is mis-located.
    A garden is never so good as it will be next year....
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