A GRANDDAD has told how he sensationally won a “David and Goliath” battle with a broadband supplier after it erected a huge pole outside his home.
Philip Waller, 65, went “ballistic” when he came home to find that Connexin had put up the pole just 16 feet (5m) from his living room windows.
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The granddad-of-ten, from Barnsley, South Yorkshire, then spent weeks gathering dozens of objection letters from neighbours so he could lodge complaints with councillors.
He was originally rebuffed by Connexin – but a Barnsley councillor later said it had been put up without “due process” and ordered its removal.
Relieved Philip feared his £300,000 abode would be left “worthless” if the pole stayed up.
He said his case showed that companies thought they could “steamroll over people” when they like.
He said: “It is a bit of a ‘David and Goliath’ situation.
“We’ve only won because what they’ve done is illegal, but if I had not objected, it would be there forever.
“The next government needs to reveal their position on giving companies carte blanche to put the poles up wherever they want.”
Philip, a company director, said he had left his three-bedroom home to do some shopping on May 30.
His wife then received a knock at the door from some workers, who said they had come to fit “something to read water smart metres”, Philip said.
But Philip explained that just ten minutes later, his wife found to her horror they were putting up a towering pole just six inches (2.5cm) from the driveway entrance.
Philip arrived home and “sort of went ballistic, as one does”.
He added: “We had no prior warning, but apparently the company is not obliged to give 28 days’ notice anymore because the pole is covered by fibre optic roll-out regulations.
“It’s roughly 12m high, it’s literally about six inches from my driveway, and it’s a car’s width – about 5m max – from the window.”
Philip said he was particularly concerned about how the pole would affect the price of his property.
He continued: “I was mainly worried about the depreciation of the house.
“If the pole was left in front of the bungalow, it would be worthless. I definitely wouldn’t buy it.
Telegraph poles – your rights
Unfortunately for residents, broadband companies generally don’t require planning permission to put up telegraph poles due to permitted development rights, according to the House of Commons library.
These rights allow changes to a building or land without permission from local authorities.
But companies are required to give 28 days’ notice to local authorities when they plan to build a pole, giving time for resident consultation.
The companies themselves should consult residents, according to the pole siting code of practice – but don’t have to.
If residents are concerned, they’re advised to speak with the broadband company and local planning authorities.
Local opposition may cause companies to pause their plans, although they may instead opt to build cables underground at the same site.
The Commons Library papers add that companies can also run cable over private land, and without permission from the landowner, as long as:
- The operator does not need to enter the land.
- The cable is at least 3 metres above ground, or 2 metres above a building.
- The cable does not interfere with any business (defined as “trade, profession or employment”) for which the land is used.
“I have got a house in Burgundy, France. In a similar situation, the pole would be burned down by now.”
Philip immediately started speaking to neighbours about the incident and wrote to Connexin to voice his anger at what they had done.
But in written correspondence, the firm claimed it had the right to put up the pylon as it had obtained the correct permission from the local council.
A representative had informed Philip: “Unfortunately, it has been decided by the Planning Team that this pole will remain in it’s [sic] current position.
“When sending a proposed pole location to the councils [sic] Highways and Planning Department, we do always have a few metres flexibility due to the chance that utilities may be discovered on the day of the install, which makes the planned location unsuitable.
“Due to this, the pole has been installed within the approved area for the pole… We would be unable to relocate the pole, we are very sorry for any inconvenience caused.”
But Philip kept fighting and contacted Barnsley councillor James Higginbottom, the cabinet spokesperson for Environment and Highways.
I have got a house in Burgundy, France. In a similar situation, the pole would be burned down by now.
Philip
And his inquiries revealed that Connexin did not have the right to erect the pole.
Barnsley Council has now ordered it to be removed within two weeks – and it is expected to be moved around 500ft (150m) to a grassy patch of land.
Mr Higginbottom said: “I completely understand Mr Waller’s frustration and I have been supporting him in this matter.
“I am pleased to confirm that due process was not followed when this pole was erected and notice has been served to order its removal.
“No-one objects to necessary infrastructure being built but this needs to be done properly and in a manner that doesn’t cause unnecessary nuisance to local residents.”
Philip advised other homeowners who found broadband poles in front of their properties to raise objections and not to give up.
Speaking on dealing with communications companies, he said: “Don’t believe the words that they tell you.
“Contact your local council and find out if they do have a license to put up the pole.”
Both Barnsley Council and Connexin were contacted for comment.
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