A homeowner embroiled in a ‘David vs Goliath’ battle with a broadband supplier has emerged victorious after they agreed to remove a 40ft pole erected at the end of his drive without consultation.
Philip Waller, 65, went ‘ballistic’ after arriving home to find that Connexin had installed the pole just 16 feet (5m) from his living room bay windows.
The grandad-of-ten, from Barnsley, South Yorkshire, then spent the next few weeks gathering dozens of complaint letters from neighbours and airing his grievances with the local council.
And though he was originally rebuffed by the company, Barnsley Council later confirmed it had been put up without ‘due process’ and ordered its removal.
Relieved Philip, who had feared his £300,000 bungalow would be left ‘worthless’ if the pole stayed up, said: ‘It is a bit of a ‘David and Goliath’ situation.
‘We’ve only won because what they’ve done is illegal, but if I had not objected, it would be there forever.
‘The big issue I have is these companies think they can steamroll over people.
‘The next government needs to reveal their position on giving companies carte blanche to put the poles up wherever they want.’
Philip, a company director, said he had left his three-bedroom home to do some shopping on May 30.
And his wife then received a knock at the door from some workman, who said they had come to fit ‘something to read water smart metres’.
But just ten minutes later, she found to her horror they were putting up a towering pole just six inches (2.5cm) from the driveway entrance.
Philip, who arrived home to see the pylon up, said: ‘I sort of went ballistic, as one does.
‘We had no prior warning, but apparently the company is not obliged to give 28 days’ notice any more because the pole is covered by fibre optic roll-out regulations.
‘It’s roughly 12m high, it’s literally about six inches from my driveway, and it’s a car’s width – about 5m max – from the window.’
Philip said he was particularly concerned about how the pole would affect the price of his property.
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 got a house in Burgundy, France. In a similar situation, the pole would be burned down by now.’
Philip immediately started speaking to neighbours about the incident and wrote to Connexin to voice his anger at what they had done.
But in written correspondence, the firm claimed it had the right to put up the pylon as it had obtained the correct permission from the local council.
A representative had informed Philip: ‘Unfortunately, it has been decided by the Planning Team that this pole will remain in its [sic] current position.
‘When sending a proposed pole location to the councils [sic] Highways and Planning Department, we do always have a few metres flexibility due to the chance that utilities may be discovered on the day of the install, which makes the planned location unsuitable.
‘Due to this, the pole has been installed within the approved area for the pole… We would be unable to relocate the pole, we are very sorry for any inconvenience caused.’
But Philip kept fighting his corner and got in touch with Barnsley councillor James Higginbottom, the cabinet spokesperson for Environment and Highways.
And his inquiries revealed that Connexin did not have the right to erect the pole.
Barnsley Metropolitan Borough Council has now ordered it to be removed within two weeks – and it is expected to be moved around 500ft (150m) to a grassy patch of land.
Mr Higginbottom said: ‘I completely understand Mr Waller’s frustration and I have been supporting him in this matter.
‘I am pleased to confirm that due process was not followed when this pole was erected and notice has been served to order its removal.
‘No-one objects to necessary infrastructure being built but this needs to be done properly and in a manner that doesn’t cause unnecessary nuisance to local residents.’
Philip advised other homeowners who found broadband poles in front of their properties to raise objections and not to give up.
He said about dealing with the communications companies who are responsible for them: “Don’t believe the words that they tell you.
‘Contact your local council and find out if they do have a licence to put up the pole.’
A Connexin spokesperson told Metro: ‘The telecoms pole, which is part of an Internet of Things network to enable the collection of data from smart meters across the community, was placed on Dove Road, Wombwell, in error.
‘After a review of the permit applications and feedback from Barnsley Council, we have requested relocation of the pole to a new and more suitable location. We expect this to be completed in the next week.
‘We have apologised to the resident who was affected by our mistake. We’d like to thank Councillor Higginbottom and the Network Coordination team at Barnsley Council for helping to get this issue resolved quickly and effectively.’
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