Utility works on the highway and adopted land
To provide and maintain their networks and to deliver services to customers, utility and telecommunication companies have legal powers to -
- install
- maintain
- remove
their infrastructure on public highway and other publicly adopted land. This also includes service strips which form part of the public highway.
The powers do not let us challenge the installation and maintenance of these networks. We cannot challenge the essential services they deliver.
Telecommunication providers often need to install telegraph poles. This is as part of their network infrastructure. The erection of these telegraph poles are permitted developments. When the Local Planning Authority is notified of new installations, they can comment on the location and appearance of these proposals. They cannot object to the installation.
There might be an obvious issue with the location or appearance. It can be suggested that a different location on the boundary with a neighbouring property is considered. An example of this could be where a pole is in front of a main window. Then the Local Planning Authority will send a ‘no comment’ response.
Applicants must consider changing proposals. This is if there are any comments received from the Local Planning Authority. No form of public notice or consultation is needed as part of the process. Such matters are the responsibility of the utility or telecommunication company.
If a member of the public has complaints about the works, these must be directed to the relevant utility or telecommunications company responsible. The complaints must not be made to us.
Adjoining landowners and members of the public should take their own independent legal advice about the options available to them in these circumstances.