Openreach Flying Cables Across Yur Land

Has Openreach flown a cable across your property and not provided you with any information on objecting to the cable? Some parts of Openreach seem not aware of the latest legislation regarding their rights and OBLIGATIONS when flying cables over private property. It has taken me months to get a cable moved and this is some information which may help in getting a cable you object to moved.

First, based on my experience, don’t waste time with their complaints procedure which is tedious, difficult and obstructive and you’ll be responded to with a barrage of technical and legal [censored] telling you why they have flown the cable legally and why it can’t be moved. Send a signed for letter to the CEO and if you get nowhere, raise it with your MP.

The applicable legislation as at the end of 2023 is Schedule 1 of the Digital Economy Act 2017. This supercedes parts of the Communications Act 2003. When flying an overhead cable Openreach has to comply with paragraph 75 which is a duty to attach a notice. This should provide an address to which you can send you objection to the cable. Openreach are committing an offence if this notice is not provided. Openreach apparently haven’t instructed their engineers to leave these notices. If they don’t leave a notice, write to Openreach and ask for the details that should have been on this note. The right to object is described in Part 12 which is paragraphs 78 to 81.

If the cable is impacting your enjoyment of your land and it would be possible for the cable to re-routed without the re-routing resulting in another landowner being impacted and without Openreach incurring substantial additional cost, the county court can instruct Openreach to move it and there is provision within the legislation for the county court to award you costs.

So, before allowing Openreach to bully you, make sure you have read the legislation and be prepared to take them to court.

May I ask how the cable you are objecting to is ‘impacting on your enjoyment of your land’ ?

An annual wayleave cheque or a modest lump sum typically makes it all better 😅

You don't get wayleave payments for flying wires over your land.

Depends on the wires...I do.

If they really wanted to help people in a similar position they should have included links to the latest legislation and explained more about their issue of the cable going across their landing. I thought the post was more about them gloating about their achievement of getting the cable moved rather than helping those in a similar position.


Digital Economy Act 2017: Schedule 1

Edited by PCJM40 (Thu 12-Oct-23 22:09:19)

In reply to a post by Pheasant:

An annual wayleave cheque or a modest lump sum typically makes it all better 😅

In reply to a post by FibreBubble:

You don't get wayleave payments for flying wires over your land.

In reply to a post by Pheasant:

Depends on the wires...I do.

Guessing that 'your' flying wires are electric...?

Could you imagine if every property had to have a telegraph pole outside of it so the drop wire could come directly to the property without crossing any neighbours garden or yard?

In reply to a post by Zarjaz:

May I ask how the cable you are objecting to is ‘impacting on your enjoyment of your land’ ?

If they want to look up at the sky, it may spoil their view.

I remember years and years agao, when a neighbour had a phone installed, my Mum was asked by I presume GPO them if she minded if the cable went across her land. As my Mum said, it makes no difference as it was in the air

I was not asked when they put fibre in for my next door neighbour, I should complain and tell them to remove it. Only joking, as much as I hate her, I still would not do that, even if I could.

I've tried hard reading the Digital Economy Act 2017 referred to by the OP and I still can't work out if the noticed needs to be displayed for flying cables or just things like poles as its not clear to me. I also don't know if a drop wire from a pole to a property is considered a flying cable or if its only pole to pole cables. Does anyone know for sure?

Post deleted by XGS_Is_On

By rights anything that crosses or is placed upon your property, that does not serve your property needs your actual permission to install. It’s that simple.

However the OP seems like a bit of an [censored] that is here to dump and then leave. So sympathy levels are sub zero tbh

In reply to a post by FibreBubble:

You don't get wayleave payments for flying wires over your land.

Except you do. I've been paid 200 quid (for 15 years) by SSE, because next door's power cable crosses our front garden. It's a PITA because pigeons like to sit on it, and [censored] all over our driveway and car.
I've thought about getting SSE to come and fit plastic spikes (I think it's called Fl0ck Off ) but seeing them elsewhere, that looks even worse

Edited by broadbandjockey (Fri 13-Oct-23 14:55:43)

In reply to a post by Pheasant:

By rights anything that crosses or is placed upon your property, that does not serve your property needs your actual permission to install. It’s that simple.
[...]

My understanding is that's genuinely not the case when it comes to 'flying wires' across your property, if they are telecommunications lines- the law now appears to use the term 'flying lines' (more specifically - the power to "fly lines"), but 'flying wires' is a commonly used but I think now dated term.

See Ofcom's Electronic Communications Code (which is incorporated into law through various bits of legislation).

I’m speaking from my own experiences from the last few years, variously with power, water and telecoms cables.

I have wayleaves agreed for all and receive an annual rental and compensation for overhead lines.

In reply to a post by Pheasant:

I’m speaking from my own experiences from the last few years, variously with power, water and telecoms cables.

I have wayleaves agreed for all and receive an annual rental and compensation for overhead lines.

Does the telecoms line also feature a pole or poles situated on your land?