Posted by Eddy Bentley on May 27, 2007, 11:30 am
Maybe there's something that somebody will say that could be of help in
the following situation.
Just a metre beyond the boundary of my garden is pole with an electrical
transformer on it, i.e. a large grey box up near the top. From this
pole wires goes off in three directions. There are the three wires that
bring the current to the box, three wires that then cross my garden to
to provide electricity to my neighbour, and one thick cable that brings
the power to the side of my house. So, a lot of ugly wires all meet in
the vicinity of this ugly pole. Previous owners of this property have
sought to minimise the ugliness by planting leylandii along the boundary
so that the pole is less visible from the house and garden. But every
year, without fail, we get out the ladders and clip off new growth so
that there are no branches within one metre of the pole or within one
metre of any of the wires and the cable.
Onto the scene some weeks ago comes a bull-necked gung-ho chappie from
the tree-cutting company engaged by the power company which supplies
this area. He announces that he is legally entitled to cut away any
growth within two metres of any pole, wire, or cable and also legally
entitled to reduce the height of any nearby tree which he believes if it
were to fall could damage the pole, wires, or cable.
I have pleaded with him that if he cuts away an additional metre from
the height of the trees or if he cuts down a tall nearby pine-tree the
attractiveness of our garden will be very greatly reduced.
He cites the case of some child in Scotland who climbed a tree, touched
wires on a transformer pole, and died. The power company was sued, he
says. Therefore, he is now charged by the power company with the duty
of ensuring there is no growth within two metres of any pole, wire, or
cable. All around this area now I see his trail of destruction. In the
middle of a field, two thick trunks come to a slashed halt about 6 feet
above the ground, freshly sawn on the horizontal, because high above
them a cable passes. A tall thick hedge which was intersected by a
cable at 90 degrees, now has a ghastly great U-shape cut out of it.
It's all so unnecessary. Yes, it will probably mean that the power
company will never be sued again. Yes, it will mean that few branches
or trees will ever fall on a wire or cable again and the company will
not be called out to repair the damage.
I have promised to continue with my annual trimming but suggested that
if the tree-cutter MUST do the job himself then surely he could just
honour the level of the previous cut. No, he says, economically it
makes greater sense for his company to do a "five-yearly cut", i.e. to
trim so much away that they won't have to visit any one site again for
another five years! They've decided to do away with going round the
same sites every year.
Have I got no legal rights in this situation?
They ask "permission" to cut, but the tree-cutter has warned that if I
do not agree then he has the ability to inform the power company and the
power company has the right to turn off the electricity supply!
Eddy.
I THINK that I shall never see
A poem lovely as a tree.
A tree whose hungry mouth is prest
Against the sweet earth's flowing breast;
A tree that looks at God all day, 5
And lifts her leafy arms to pray;
A tree that may in summer wear
A nest of robins in her hair;
Upon whose bosom snow has lain;
Who intimately lives with rain. 10
Poems are made by fools like me,
But only God can make a tree.
- Joyce Kilmer 1886 –1918
Posted by Broadback on May 27, 2007, 1:27 pm
Eddy Bentley wrote:
> Maybe there's something that somebody will say that could be of help in
> the following situation.
>
> Just a metre beyond the boundary of my garden is pole with an electrical
> transformer on it, i.e. a large grey box up near the top. From this
> pole wires goes off in three directions. There are the three wires that
> bring the current to the box, three wires that then cross my garden to
> to provide electricity to my neighbour, and one thick cable that brings
> the power to the side of my house. So, a lot of ugly wires all meet in
> the vicinity of this ugly pole. Previous owners of this property have
> sought to minimise the ugliness by planting leylandii along the boundary
> so that the pole is less visible from the house and garden. But every
> year, without fail, we get out the ladders and clip off new growth so
> that there are no branches within one metre of the pole or within one
> metre of any of the wires and the cable.
>
> Onto the scene some weeks ago comes a bull-necked gung-ho chappie from
> the tree-cutting company engaged by the power company which supplies
> this area. He announces that he is legally entitled to cut away any
> growth within two metres of any pole, wire, or cable and also legally
> entitled to reduce the height of any nearby tree which he believes if it
> were to fall could damage the pole, wires, or cable.
>
> I have pleaded with him that if he cuts away an additional metre from
> the height of the trees or if he cuts down a tall nearby pine-tree the
> attractiveness of our garden will be very greatly reduced.
>
> He cites the case of some child in Scotland who climbed a tree, touched
> wires on a transformer pole, and died. The power company was sued, he
> says. Therefore, he is now charged by the power company with the duty
> of ensuring there is no growth within two metres of any pole, wire, or
> cable. All around this area now I see his trail of destruction. In the
> middle of a field, two thick trunks come to a slashed halt about 6 feet
> above the ground, freshly sawn on the horizontal, because high above
> them a cable passes. A tall thick hedge which was intersected by a
> cable at 90 degrees, now has a ghastly great U-shape cut out of it.
> It's all so unnecessary. Yes, it will probably mean that the power
> company will never be sued again. Yes, it will mean that few branches
> or trees will ever fall on a wire or cable again and the company will
> not be called out to repair the damage.
>
> I have promised to continue with my annual trimming but suggested that
> if the tree-cutter MUST do the job himself then surely he could just
> honour the level of the previous cut. No, he says, economically it
> makes greater sense for his company to do a "five-yearly cut", i.e. to
> trim so much away that they won't have to visit any one site again for
> another five years! They've decided to do away with going round the
> same sites every year.
>
> Have I got no legal rights in this situation?
>
> They ask "permission" to cut, but the tree-cutter has warned that if I
> do not agree then he has the ability to inform the power company and the
> power company has the right to turn off the electricity supply!
>
> Eddy.
>
> I THINK that I shall never see
> A poem lovely as a tree.
> A tree whose hungry mouth is prest
> Against the sweet earth's flowing breast;
> A tree that looks at God all day, 5
> And lifts her leafy arms to pray;
> A tree that may in summer wear
> A nest of robins in her hair;
> Upon whose bosom snow has lain;
> Who intimately lives with rain. 10
> Poems are made by fools like me,
> But only God can make a tree.
>
> - Joyce Kilmer 1886 ?1918
>
They came to my property and said they had to completely remove a number
of trees. My response was what if I refuse? The answer was we will go
to court and get permission anyway. Now it so happened that it suited me
to have the trees removed, if not I would just have refused and let him
go to court. Perhaps you should do the same, then maybe you will get
your way. Anyway if wires are crossing your property is there a way
leave on your deeds to say they can?
Perhaps not germane, but at the moment I am claiming compensation
because high voltage wires cross my property. I will definitely get some
compensation, however how much remains to be seen.
Posted by Dave Liquorice on May 27, 2007, 4:30 pm
On Sun, 27 May 2007 18:27:14 +0100, Broadback wrote:
> Anyway if wires are crossing your property is there a way leave on your
> deeds to say they can?
From the OPs orginal post the only ones that require a way leave are the
ones feeding the neighbour. The power in/out will as well provided the
cross the OPs property but only the neighbours feed is mentioned.
As for the legal position I wouldn't be surprised if the broad outline is
that, the power companies have a legal right to trim anything growing
near/under their lines. Have a dig about on the OfGeM site?
--
Cheers new5pam@howhill.com
Dave. pam is missing e-mail
Posted by brian mitchell on May 27, 2007, 5:44 pm
> . . . Anyway if wires are crossing your property is there a way
> leave on your deeds to say they can?
> Perhaps not germane, but at the moment I am claiming compensation
> because high voltage wires cross my property. I will definitely get some
> compensation, however how much remains to be seen.
Could you say a little more about this? Compensation for what? I have
11,000 volt wires going over my property and the distribution pole with
transformer is actually on my property.
Brian Mitchell
Posted by K on May 27, 2007, 6:42 pm
>> . . . Anyway if wires are crossing your property is there a way
>> leave on your deeds to say they can?
>> Perhaps not germane, but at the moment I am claiming compensation
>> because high voltage wires cross my property. I will definitely get some
>> compensation, however how much remains to be seen.
>Could you say a little more about this? Compensation for what? I have
>11,000 volt wires going over my property and the distribution pole with
>transformer is actually on my property.
Have a look at:
http://www.dti.gov.uk/files/file34072.pdf
It's the DTI explanation of the regulations around control of vegetation
near power lines.
Interesting points:
New laws mean power companies must keep enough distance to ensure supply
- previously they had merely to ensure public safety.
In theory the landowner is responsible - and can reclaim costs from the
electricity company
The limits for safety vary from 0.8m for low voltage lines near to
non-climbable trees (which sounds like your situation) to 5.3m for 400kv
lines near to climbable trees.
All work should be carried out to good arboriculture practice and the
relevant British Standard
Electricity companies do have statutory powers, but they have to serve
notice of the works required, and you have 21 days to serve a
counter-notice, whereupon Sec of State for Trade and Industry makes a
decision.
So in answer to your original tree cutting question, it would seem that
you are perfectly within your rights to tell the tree butcher to get
lost, and wait for the company to give you written notice of what they
require.
--
Kay
XML site map
> the following situation.
>
> Just a metre beyond the boundary of my garden is pole with an electrical
> transformer on it, i.e. a large grey box up near the top. From this
> pole wires goes off in three directions. There are the three wires that
> bring the current to the box, three wires that then cross my garden to
> to provide electricity to my neighbour, and one thick cable that brings
> the power to the side of my house. So, a lot of ugly wires all meet in
> the vicinity of this ugly pole. Previous owners of this property have
> sought to minimise the ugliness by planting leylandii along the boundary
> so that the pole is less visible from the house and garden. But every
> year, without fail, we get out the ladders and clip off new growth so
> that there are no branches within one metre of the pole or within one
> metre of any of the wires and the cable.
>
> Onto the scene some weeks ago comes a bull-necked gung-ho chappie from
> the tree-cutting company engaged by the power company which supplies
> this area. He announces that he is legally entitled to cut away any
> growth within two metres of any pole, wire, or cable and also legally
> entitled to reduce the height of any nearby tree which he believes if it
> were to fall could damage the pole, wires, or cable.
>
> I have pleaded with him that if he cuts away an additional metre from
> the height of the trees or if he cuts down a tall nearby pine-tree the
> attractiveness of our garden will be very greatly reduced.
>
> He cites the case of some child in Scotland who climbed a tree, touched
> wires on a transformer pole, and died. The power company was sued, he
> says. Therefore, he is now charged by the power company with the duty
> of ensuring there is no growth within two metres of any pole, wire, or
> cable. All around this area now I see his trail of destruction. In the
> middle of a field, two thick trunks come to a slashed halt about 6 feet
> above the ground, freshly sawn on the horizontal, because high above
> them a cable passes. A tall thick hedge which was intersected by a
> cable at 90 degrees, now has a ghastly great U-shape cut out of it.
> It's all so unnecessary. Yes, it will probably mean that the power
> company will never be sued again. Yes, it will mean that few branches
> or trees will ever fall on a wire or cable again and the company will
> not be called out to repair the damage.
>
> I have promised to continue with my annual trimming but suggested that
> if the tree-cutter MUST do the job himself then surely he could just
> honour the level of the previous cut. No, he says, economically it
> makes greater sense for his company to do a "five-yearly cut", i.e. to
> trim so much away that they won't have to visit any one site again for
> another five years! They've decided to do away with going round the
> same sites every year.
>
> Have I got no legal rights in this situation?
>
> They ask "permission" to cut, but the tree-cutter has warned that if I
> do not agree then he has the ability to inform the power company and the
> power company has the right to turn off the electricity supply!
>
> Eddy.
>
> I THINK that I shall never see
> A poem lovely as a tree.
> A tree whose hungry mouth is prest
> Against the sweet earth's flowing breast;
> A tree that looks at God all day, 5
> And lifts her leafy arms to pray;
> A tree that may in summer wear
> A nest of robins in her hair;
> Upon whose bosom snow has lain;
> Who intimately lives with rain. 10
> Poems are made by fools like me,
> But only God can make a tree.
>
> - Joyce Kilmer 1886 ?1918
>