Philip Waller, 65, went “ballistic” when he found a 40ft pole just 16ft (5m) from his living room windows and won a ‘David vs Goliath’ battle against the broadband firm.
A homeowner has won a ‘David vs Goliath’ battle with a broadband supplier who agreed to take down a 40ft pole he had erected at the end of his road without consultation.
Philip Waller, 65, went “ballistic” when he returned home to find Connexin had erected a pole just 16ft (5m) from his living room bay windows. The 10-year-old grandfather, from Barnsley, South Yorkshire, then spent weeks collecting dozens of letters of objection from neighbors and making complaints to councillors.
And although it was initially rejected by the company, Barnsley Council later confirmed it was built without “due process” and ordered it removed. A relieved Philip, who feared his £300,000 bungalow would be left “worthless” if the pole remained up, 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 here forever. The big problem I have is that these companies think they can roll over people. The next government needs to expose their a position that gives companies free rein to put the poles where they want.”
Philip, a company director, said he left his three-bedroom house on May 30 to do some shopping. And then a worker knocked on his wife’s door, who said they had come to fit in “something to read. meters’. But just ten minutes later, to her dismay, she discovered they were erecting a pole that rose just six inches (2.5 cm) from the driveway entrance.
Philip, who arrived home to see the pylon up, 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.” according to fiber optic regulations, it’s about 12 meters high, it’s literally about six inches from my driveway, and it’s the width of the car – about 5 meters at most – from the window.”
Philip said he was particularly worried about how the pole would affect the value of his property. And he added: “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. I have a house in Burgundy, France. In a similar situation, the pole would have been burnt down by now.”
Philip immediately started talking to neighbors about the incident and wrote to Connexin to express his anger at what they had done. But in written correspondence the firm claimed it had the right to build the pylon because it had obtained the correct permission from the local council.
The representative informed Philip: “Unfortunately the planning team have decided that this pole will remain in place. [sic] Current position. I advise when sending the proposed location of the pole [sic] Department of Highways and Planning, 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 got in touch with Barnsley councilor James Higginbottom, the cabinet spokesman for the environment and highways.
And his inquiries revealed that Connexin had no right to erect the pole. Barnsley Metropolitan Borough Council has now ordered it to be removed within two weeks – and is expected to be moved about 500ft (150m) to a grassy plot. Mr Higginbottom said: “I completely understand Mr Waller’s frustration and I 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 has been served. No one objects to building the necessary infrastructure, but it needs to be done properly and in a manner that does not cause unnecessary inconvenience to local residents.”
Philip advised other homeowners who find broadband poles in front of their properties to raise objections and not give up. Of dealing with the communications companies responsible for them, he said: “Don’t believe the words they tell you.”
“Contact your local council to see if they have permission to place the pole.” Connexin has been contacted for comment.