overhead cables

[IJM01]

So annoyingly i've a site that had 2 copper cables from openreach going over the site between two poles. I've got an agreement with openreach for them to move the two cables underground if I do the work on my plot which if fine/sorted. I also told Openreach not to put anything else up as its shortly going to be a live site (i.e. its heras fenced off and cleared). Anyway since then City fibre have rocked up and entered the locked up heras fenced site and stuck a fibre cable overhead too on the same poles. 

Are they also allowed to install cables wherever they want? I thought it was just openreach that had rights to do that?

[joe90]

That is trespass, tell city fibre their employees broke into a locked building site, remove the overhead cable or it will be brought down by machinery operating on your secure site. Did you install a duct? If so tell them you have already provided a duct between those two poles.

 

 

Re: Overhead Lines

BT, Openreach and or any other Utility Provider be it Telecoms or Power don’t need a Wayleave to span Cables over your property as the Low Flying Wires Act allows to to put wires over the boundary of your property as long as;

1. We don’t need to enter your property to do it.

2. The wires are 3m or more above ground level.

3. They don’t interfere with normal business at the property.

Edited January 27 by joe90

[IJM01]

Cheers - I thought as much . I'm not impressed at all, the site was heras fenced off and locked, and they broke a fence to get in.

I wont even let them lay through my plot now if they ask. The house behind my plot has its own road, but the road is a lot further away from the property...i think they've only done it via my plot is to save on costs so they dont have to dig up and lay double the amount of fibre. 

thanks

 

  

[ProDave]

I think you have to serve notice on City Fibre to remove their equipment from your land as it was put there without a wayleave or other permission to do so.  you can't just take it down otherwise you may be liable for criminal damage to their cables.

 

What sineage is on your Heras Fencing?  i.e what rules have they broken by entering apart from trespass.

 

Point out to them they will be answering a charge of criminal damage to your fencing and anything else they have damaged but you will not proceed with that charge if they remove their equipment swiftly.

[markocosic]

Cityfibre entered the land or cityfibre appointed contractors entered the land? I don't think you can bank on automatic leverage in the form of a criminal trespass stick to wield against cityfibre directly.

 

If it is necessary to enter your site to span the cable (vs walking around it) I'd have probably cracked on with the duct for openreach, noting that some trash appeared to be lying on the ground of your property following the rerouting works, locked the fence, refixed the appropriate notices prohibiting entry to a live site for the duration of the works, and cracked on with the build.

 

Onus on them to prove beyond reasonable doubt who downed the fibre. Plausible ambiguity what with OpenReach works ongoing. Not possible for there to have been any legal fibre present as the site has been fenced off since the year dot. Onus on them to explain how said fibre was strung without resort to criminal trespass. Jog on.

[TonyT]

Get an air rifle and practice on the cable on your land, plead ignorance when it comes down, and refuse the repair

[IJM01]

So update...

City fibre met me on site had a look and said they dont know why they put the cable up when its clear it was a building site. They've agreed to remove it asap. He was very apologetic, credit to them for admitting the error. 

[Alan Ambrose]

Congrats, score +1 for the team.

[joth]

OT wondering why this is in "Forum News and Site Issues"

Ahhh "site issues"! I get it 😂. I think this topic really means "website issues" but this works