Philip Waller, 65, went ‘ballistic’ when he found the 12-metre-high pole just 5 meters from the bay windows in his living room and went on to win a ‘David versus Goliath’ battle against the broadband company
A homeowner has won a ‘David vs Goliath’ battle with a broadband supplier who agreed to take down a 40-foot pole he placed at the end of his driveway without consultation.
Philip Waller, 65, went ‘ballistic’ when he got home to find Connexin had placed the post just 5 meters from the bay windows in his living room. The grandfather-of-ten, from Barnsley, South Yorkshire, then spent weeks collecting dozens of objection letters from neighbors and submitting complaints to councillors.
And although it was initially rejected by the company, Barnsley Council later confirmed it had been set up without “due process” and ordered its removal. Relieved Philip, who feared his £300,000 bungalow would be left ‘worthless’ if the post was left standing, said: ‘It’s a bit of a ‘David and Goliath’ situation.
“We only won because what they did is illegal, but if I hadn’t objected to it, it would have stayed there forever. The big problem I have is that these companies think they can run over people. The next government must reveal their positions. position to give companies carte blanche to erect the poles wherever they want.”
Philip, a company director, said he left his three-bedroom home on May 30 to do some shopping. And then his wife was knocked by a workman, who said they were coming to try on ‘something to read water smartly’. meters’. But just ten minutes later, she was shocked to discover that they were putting up a towering pole just an inch from the entrance to the driveway.
Philip, who came home to see the mast go up, said: ‘I went a bit ballistic, as I often do. We had no prior warning, but apparently the company is not required to give another 28 days notice because the pole is covered. According to fiber optic rollout rules, it’s about 40 feet tall, it’s literally about six inches from my driveway, and it’s the width of a car – about 16 feet maximum – from the window.
Philip said he was particularly concerned about the impact the pole would have on the price of his property. He added: ‘I was particularly concerned about the depreciation of the house. If the post were left in front of the bungalow, it would be worthless. I certainly wouldn’t buy it. I have a house in Burgundy, France. In a similar situation the pole would have burned down by now.”
Philip immediately started talking to neighbors about the incident and wrote to Connexin to express his anger at what they had done. But in written correspondence, the company claimed it had the right to install the mast because it had received appropriate permission from the council.
A representative had told Philip: “Unfortunately it has been decided by the Planning Team that this post will remain in place.” [sic] current position. When sending a proposed pool location to the municipalities [sic] Department of Highways and Planning, we always have a few meters of flexibility due to the chance that utilities will be discovered on the day of installation, making the planned location unsuitable.
“This has resulted in the pole being installed within the approved area for the pole… We would not be able to move the pole, we apologize for any inconvenience caused.” But Philip continued to resist and contacted Barnsley councilor James Higginbottom, the cabinet spokesman for Environment and Highways.
And his investigation showed that Connexin had no right to erect the pole. Barnsley Metropolitan Borough Council has now ordered its removal within two weeks – and it is expected to be moved about 150 meters to a grassy area. Mr Higginbottom said: “I fully understand Mr Waller’s frustration and I have supported him on this matter.
“I am pleased to confirm that due process was not followed when this pole was erected and a notice has been issued ordering its removal. No one is objecting to the construction of the necessary infrastructure but this must be done in the right way and in a way that doesn’t.” not cause unnecessary inconvenience to local residents.”
Philip advised other homeowners who found broadband poles for their properties to appeal and not give up. On dealing with the communications companies responsible for this, he said: “Don’t believe the words they tell you.”
“Contact your municipality and ask if they have a permit to install the pole.” Connexin has been contacted for comment.