Openreach - Section 40 notice

[flibberflops]

I have served Openreach with a "Section 40" notice to remove a pole from my garden that has been confirmed has no Wayleave.

Openreach have no responded to say that they cannot remove the pole because it would be "too complex of solution to try and carry out"!

Can they do that?

Anyone know what my options are?

 

[Diver Fred]

Is the pole a distribution pole (many thin wires coming off it) or a Route pole (2 thicker cables supported by the pole)?
Do you take a service that is carried by pole?
If yes, then I'm afraid you have to live with it.
If No then as they won't shift it then go after them for a payment (including backdated to when you moved in) using form https://www.openreach.co.uk/orpgwayleaves/loadWayleaveForm

 

[flibberflops]

Its a route pole
No, I take no service from it
I need the pole removed as I want to build in the area.
I don't want payment, it doesnt have a wayleave and I am certainly not entering into one.

As I understand they have no right for it to be there and I want it removed off my property.

 

[blup]

How long has it been there, have they got rights by passage of time? Good luck achieving anything quickly with openreach

Blup

 

[Murdochcat]

Was it there when you bought the property?

 

[fourtytwo]

I had a similar problem with overhead OR cables (but at least no pole) not serving my property, there was also no wayleave BUT on investigation I found the b*stards have "flying rights" and I would have to have forked out big money to get them moved. In the end I moved house......

 

[jono_h]

We’re in the same boat as fourtytwo with an Openreach cable across our property. There’s enough slack on the pole to raise the cable a couple of metres easily, but OR want £900 to come out and provide a quote. Yes £900, not to do the job, but to put together a quote to then do the work.

I don’t have a lot of time for OR.

 

[mattylad]

I have an OR cable supplying phone to a nearby cottage, it's causing me problems as I cannot fell a tree that it passes next to and I cannot put up the ham radio aerial that I want to because of it.

PITA they are.