Work dispute advice

[Cheesy pete]

1 hour ago, tree77 said:

Have I look at the telecommunications act, from memory I dont think you need to seek permission to clear bt lines if I remember correctly. Might also depend on how much work/clearance you have gained

under highways act you have to give 28 days notice or get permission so you can do it before that .

I assume as this is used mainly as a H/S issue there's no way a phone line will have a less lead time on it 

[topchippyles]

I am no expert in this area but surly there is some sort of law that if utilities are running or required over someones land then that would be on the side of the utility company  so if the contractor has a letter stating he has the correct conditions to carry out works on their behalf then no come back to them ??

Edited December 31, 2019 by topchippyles

[htb]

6 minutes ago, topchippyles said:

I am no expert in this area but surly there is some sort of law that if utilities are running or required over someones land then that would be on the side of the utility company  so if the contractor has a letter stating he has the correct conditions to carry out works on their behalf then no come back to them ??

Like pipeline wayleaves, 12m to be kept clear centered over the pipeline. Got a few to do up here, 400m straight through woods.

[tree77]

BT line clearance would come under the Telecommunications Act 1984, Schedule 2 (think its now been revised though).

Just had a glance though looks like 28 day notice should be given, which may of been sent by the people your working for?, best thing to do is the past the complaints on to them.

 

as the above post states, wayleave agreements should include rights to maintain set clearances.

[dumper]

This I deal with a lot both overheads and pipelines it’s surprising how many installations have no legals, forgotten or overlooked on installation a minefield when trying to work

[Deafhead]

I have overhead power lines running through my woodland and my neighbours. Whoever is carrying out the tree clearance work notifies me well beforehand either in person or by a letter through the door with full contact details.

[Cheesy pete]

10 hours ago, tree77 said:

BT line clearance would come under the Telecommunications Act 1984, Schedule 2 (think its now been revised though).

Just had a glance though looks like 28 day notice should be given, which may of been sent by the people your working for?, best thing to do is the past the complaints on to them.

 

as the above post states, wayleave agreements should include rights to maintain set clearances.

even then they can't just do the work even if notice is sent ! if they refuse access or refuse you to do the work it seems they have to go to court in order for them to do the work .

this is different to the highways act , after 28 day notice using the highways act you can do the work with or without permission and i assume that is the case with other legislation

Edited January 1, 2020 by Cheesy pete

[Doobop]

Ok cool. So if you were being asked if you had taken all due diligence. What would you expect to have done. I.e risk assessment etc?....

[roys]

Do Wayleave agreements come into it?

So if the land owner takes an annual payment from BT then is that the same as granting permission?

[Doobop]

Do Wayleave agreements come into it?
So if the land owner takes an annual payment from BT then is that the same as granting permission?

That was my understanding