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[notaclue]

Can these be placed on private property with the owners consent or notification?

Openreach rocked up to my exchange last week dug a channel across the road to the otherside and into the garden of the property opposite the exchange and placed a one of these:

(Not the actual cab in question.)

I also see no mention on any website (Local council or openreach) of my exchange having an upgrade date, it is on exploring solutions. (The exchange next along is however expecting FTTC in December 2014 according to wiltshire online but not open reach.)

So, once again are they allowed to do this, I have got a feeling they can.

[HPsauce]

Can these be placed on private property with the owners consent or notification?

What evidence is there that this happened in the case you described? 

We have an electricity substation at the end of the garden, but the small area of land it occupies was split off from our land and sold separately to the relevant utility.

[Bald_Eagle1]

I have plenty of unused space in my garden, backing onto the main road.

I would be perfectly happy to allow a FTTC cabinet & an associated PCP to be sited there, but I suspect the cost of providing fibre from the closest point (around 1100m away) would be prohibitive, especially as I live in a sparsely populated area & FTTC take up would be too low to be viable for BT's investment.

[Black Sheep]

'So, once again are they allowed to do this, I have got a feeling they can.'

It's not my forte, as this falls under the remit of our planning/survey department. But, I would put my mortgage on it that 'we' can't just plonk street furniture as and where we decide ?? That would be madness.

[notaclue]

What evidence is there that this happened in the case you described? 

I guess it's fiction without footage, but I assure you they have. Exchange in question is SSLAV.
They've dug across the B3098 and there is a cab behind the trees. (The trees up the hill next to the high long bush. I believe there is fibre in the high street serving the private school. Which explains why the cabs not closer I suppose.)

[Black Sheep]

Not going to post up the entire 'Rules & Regs' as it is immense, but this snippet from our ISIS guidelines regarding positioning of FTTC DSLAMS should suffice ...........

'The surveyor will liaise with the local authorities, local landowners and residents to and gain all necessary agreements and wayleaves.

This includes identifying where there are specific planning restrictions, noticing planning authorities and dealing with issues raised by these authorities'

[HPsauce]

Evidence of this, not that it exists.

placed on private property with the owners consent or notification?

Though I must admit I read it as WITHOUT first.
Presumably they just pay a rental fee, what's wrong with that?

[Black Sheep]

Aha, thank you for pointing that out HP. I did indeed read it as 'Without' myself !! 

[notaclue]

Holy moly, I just realized I missed a large key word, It's been placed without their permission.
Now let's assume everyone read it as that, then. (And you did anyway)

Evidence of this, not that it exists.

placed on private property without the owners consent or notification?

The owner of the land has said this?

[Black Sheep]

Have seen this many, many times. Landowner disputes ........... wayleaves show different. Can't really comment on anything else, as it's pure guess-work on every level regarding this particular instance. 

[notaclue]

Have seen this many, many times. Landowner disputes ........... wayleaves show different. Can't really comment on anything else, as it's pure guess-work on every level regarding this particular instance. 

Thanks black sheep, wouldn't be surprised if a wayleave covered it already.

Who decides these wayleaves bt/or and the land owner?

[Black Sheep]

As an aside, going back quite a few years, I was doing long-term cover for my manager and one of the lads rang with a problem.
He had a 2nd line to install in a large new-build (the properties were about 18 months old), but needed access to a JUF4 (Joint-box) in a neighbouring premises garden to be able to 'Push' the new dial tone through.
The JUF4 was covered with rockery and plants that would put Kew Gardens to shame. It really was a sizeable piece of garden art.

The issue was the neighbour would not allow access to, or disturbance of, any aspect of the garden art. I then got a crash-course in basic way-leaves. We have a department who specially deal with these issues, and the feedback I got was that in the occupants deeds, on this type of new-build there is a 'Service Strip' approx. 1mtr wide which is for (you guessed it) ....... the services to be run. Apparently any inspection chambers within this strip should be left exposed for access by the relevant authorities.

Long story short, the neighbour along with a friend of theirs cleared enough of the obstacle for us to gain access to the JUF4. As a goodwill gesture I went up with a bottle of plonk and a box of choccies, and it all ended well.

There are regular occasions whereby new occupants of a premises request line-plant be removed from their curtilage, only to find the way-leaves are there in black & white within their deeds.

[c6em]

Right:

On private land they really need in practice to agree a wayleave with the owner.
In theory they COULD issue a statutory notice under the Telecommunication Act 2003.  This give them the right to enter upon private land to install their equipment/cables etc for the greater public good however there are provisions in it for the aggrieved owner to apply to the court for a ruling on whether it is vitally necessary (not sure if BT have to pick up the costs).
Utilties are also required to be insured for damage caused if they enter onto such private land and to make good.

So BT and the other utilities are more likely to move the kit/seek other locations than go though the statutory notice stuff.
That said I've had a water company statutory notice many decades ago as I live on a private road so a water main in the road on my side of the centreline is on my property and they wanted to lay a new parallel one - so a special case.
Now this has sort of happened at a place I know where BT issued the council with a global statutory notice for lots of FTTC cabinets on public roads.  However one was on a private drive corner front lawn.  The owner wrote a stiff letter back not sure if was BT or to the council informing them that the frontage was not a public highway and that permission was not going to be granted  - and BT rapidly relocated it round the corner onto the highway - some 20 yards!  The reason they tried to put it there was because of easy access to power from a street pole - To be honest I think they just did not realise the road was a private one.

[Black Sheep]

'Who decides these wayleaves bt/or and the land owner?'

My oh my, just put 'Wayleaves' into our internal search engine and it's akin to the, 'Monkeys and typewriters in a room' scenario. Massive library, too much to read. Sorry.   

[Bald_Eagle1]

Also some info & FAQs publicly available here:-

http://www.openreach.co.uk/orpg/home/contactus/wayleaves/wayleaves.do