A homeowner has won a battle against a broadband provider who installed a 40ft pole at the end of his driveway without any prior discussion.
Philip Waller, 65, was furious when he returned home to find Connexin had erected a pole just 16ft from the bay windows of his front living room. The grandfather-of-ten, from Barnsley, South Yorkshire, then devoted weeks to collecting letters of objection from neighbors and making complaints to local councillors.
His complaints were initially dismissed by the firm, but Barnsley Council later confirmed the pole had been installed without “due process” and demanded it be removed. A relieved Philip said he feared his £300,000 bungalow would become “worthless” with the pole in place.
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Phillip said: “It’s a bit of a ‘David and Goliath’ situation. We only won because what they did is illegal, but if I hadn’t been against it, it would have been there forever. The big problem I have is these companies think that they can roll people over, the next government needs to reveal its stance on giving companies the freedom to put their poles where they want?
Company director Philip told how he left his three-bedroom property on May 30 to go shopping. His wife was then approached by workers who claimed they were there to install “something to read smart water meters”. However, within just ten minutes, she was shocked to see them erecting a massive pole just six inches from the edge of their driveway.
Philip, who was shocked to find the pylon when he returned home, said: “I kind of went ballistic, as anyone does. We had no prior warning, but apparently the company is not required to give 28 days notice because the pylon is covered by regulations on the introduction of optical fibers.”
He continued: “It’s about 12 meters high, it’s literally about six inches from my driveway and it’s the width of the car – about 5m at most – from the window.” He expressed his concern about the impact on the value of his property by saying: “I was mainly concerned about the depreciation of the house.
“If that post had been left in front of the bungalow, it would have been worthless. I certainly wouldn’t have bought it. I have a house in Burgundy, France. In a similar situation, the post would have burnt down by now.”
After discovering the pylon, Philip began to discuss with the neighbors and contacted Connexin to express his dismay at their actions. However, Connexin responded in writing and asserted its right to erect the pylon and secured approval from the local council. A representative told Philip: “Unfortunately the planning team have decided that this pillar will remain in its current position.”
“When submitting a proposed pole location to the council’s highways and planning department, we always have a few meters of flexibility due to the possibility that utilities may be discovered on the day of installation, making the planned location unsuitable.”
“For this reason the pole was installed in an approved area for the pole… We would be unable to relocate the pole, we are very sorry for any inconvenience caused.”
But Philip continued to fight his corner and approached Barnsley councilor James Higginbottom, the cabinet spokesman for the environment and highways. His inquiries revealed that Connexin had no right to erect the pole.
Barnsley Metropolitan Borough Council has now ordered its removal within two weeks – it is expected to be moved about 500ft (150m) to a grass plot.
Mr Higginbottom said: “I fully understand Mr Waller’s frustration and have supported him in this matter. I am pleased to confirm that due process was not followed in erecting this pole and a notice to remove it was served.”
“No one objects to building the necessary infrastructure, but it needs to be done properly and in a way that doesn’t unnecessarily inconvenience local residents.”
Philip advised other homeowners who find broadband poles in front of their properties to raise objections and not give up. On dealing with the communications companies responsible for them, he said: “Don’t take a word they tell you. Contact your local council and see if they have permission to put the pole up.”
Connexin has been contacted for comment.