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tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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I live in a cottage in a village with open views over the village

Resolved Question:

I live in a cottage in a village with open views over the village green the cottage is in excess of 200 years old. Planning permission has been granted and building started next door for a development of 4 houses. The largest of which is directly in front of the cable end of my house (approx 15 feet from kitchen wall and window) and overlooking directly into my front garden, now beginning to block light from the garden and kitchen. Planning was passed despite strong opposition from parish council and myself as it goes against the Village Design Statement. Nevertheless I have had to accept the inevitable, however the builder has damaged the gable end of my house (probably a digger) and pulled away telephone cables and electricity cables that are over head and enter my home from the street. I approached the builder who stated it was not their work that had caused the damage, I contacted my buildings insurers who sent an assessor who agreed that the builders are to blame for the damage, I have left the matter in the hands of the insurers. Northern Power had to fit another bracket to the house as the cables were dangerous - this has been done.

I was informed at the time by the electricity engineer that all the cables are to be rerouted underground, including mine, because of the new builds. I am unwilling to give my permission in view of the fact my property has already been damaged. Can they, by law, insist that my electricity and telephone cables are rerouted or does any work have to have my permission? I have turned a telephone engineer away today as I have not been given notification, work on-line from home and do not really want further disruption. As yet Northern Power have not contacted me regarding the underground re-routing of the electricity supply, and unless compelled by law, feel disinclined to give permission.

On top of these issues this morning I had to tell the builder not to pull at tree branches of a tree that is my property as it is in the way of his scaffolding - the village is also in a conservation area and if I wish to cut a tree down I have to seek parish council approval I believe.

Can you advise.

Thank you

Judith Morrison
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Nicola


 


yes please, I would like an answer as soon as you are able to pin the law down, the builders do not work saturday or sunday so a bit of respite at the moment, I take it this is still covered by the original fee?


Jude Morrsion

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Yes, the original deposit covers this.

Thank you for your patience,
Nicola
Expert:  tdlawyer replied 3 years ago.

Hi Judith

Electricity providers do have the right to approach the Secretary of State for permission to exercise a statutory wayleave over private land to lay distribution cables where the owner of land will not consent. However, this power is rarely used and the normal route is for companies to enter into an appropriate deed of grant of an easement to lay the relevant cables. Also, it is time consuming and costly for electricity companies to go down the Secretary of State route. Also, the use of the power can only be granted where it is "necessary" or "expedient" to lay the cables over the land, so if there were alternatives, they would need to be explored first.

As for trees with preservation orders, then yes, you would need to speak to the local authority as you cannot cut them down or remove them whilst there is an order in force in relation to them.

Tony

Customer: replied 3 years ago.

Thank you that is useful information, and I will continue to liaise with the electricity board regarding a solution to the problem. It would seem that they are keen to go underground with supply but have admitted that they would prefer my house' cables are run under my land rather than the developers. Of course as I did not want this doing at all I will be expecting the developer to pay for the cost of this, which I think is only right.


 


Judith Morrison

Expert:  tdlawyer replied 3 years ago.
Hi Judith.

Thank you for that.

Is there anything else I can assist you with about this?

Are you happy with the service provided today?

Thanks
Tony
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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