Electricity board rights

Electricity board rights

Postby monikir » Fri Mar 25, 2011 6:07 pm

Someone representing Central Networks came today to discuss trimming our hedge which consists of Leylandii and other trees. This is currently 15-20 feet high and power lines pass over at least 12 feet above. We have kept our trees to this level for many years. They are wanting to cut them back to 6 feet high. The hedge backs onto a field that the owner uses more as a rubbish dump than anything and is an eyesore. Do Central Networks have the right/power to cut these trees back this low? We have currently refused but Im sure they will return.
monikir
 
Posts: 3
Joined: Fri Mar 25, 2011 6:00 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Electricity board rights

Postby Mattylad » Fri Mar 25, 2011 8:18 pm

I'm sure that there is some legislation somewhere about the height of growing stuff underneath.

Depends what was here first.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
User avatar
Mattylad
 
Posts: 2254
Joined: Sat Apr 07, 2007 2:29 pm

Re: Electricity board rights

Postby Treeman » Fri Mar 25, 2011 8:24 pm

The clearance they are entitled to will depend on the voltage of the lines, the higher the voltage the greater the clearance.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Electricity board rights

Postby TO » Fri Mar 25, 2011 8:57 pm

hi
Mattylad wrote:Depends what was here first
No it doesn't
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: Electricity board rights

Postby Mattylad » Sat Mar 26, 2011 1:29 am

Very helpful To

How about saying what is does depend upon, what the OPs position really is.

Perhaps Page 26 - appendix 3 might give a clue.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
User avatar
Mattylad
 
Posts: 2254
Joined: Sat Apr 07, 2007 2:29 pm

Re: Electricity board rights

Postby Treeman » Sat Mar 26, 2011 9:27 am

Mattylad wrote:Very helpful To

How about saying what is does depend upon, what the OPs position really is.

Perhaps Page 26 - appendix 3 might give a clue.


That’s not as helpful as you might think, that’s national grid, the big boys, iron towers and pylons and huuuuge voltages.

The power supply companies networks are mostly on much lower voltages and have their own rules (often made up by themselves) that vary from one supplier to another. They are however a statutory provider and have rights.

Check with your network provider what the minimum clearance to a conductor is.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Electricity board rights

Postby TO » Sat Mar 26, 2011 11:21 am

Hi

Mattylad wrote:Very helpful To
My pleasure.
Mattylad wrote:How about saying what is does depend upon
The Electricity Act 1989
http://www.legislation.gov.uk/ukpga/198 ... aragraph/9
Mattylad wrote:what [is] the OPs position
Cut the trees are the Electric Company will cut them

As to how much needs to be cut off
Treeman wrote:The power supply companies networks are mostly on much lower voltages and have their own rules (often made up by themselves) that vary from one supplier to another. They are however a statutory provider and have rights. Check with your network provider what the minimum clearance to a conductor is.
Although I would say they have a duty to maintain their equipment not just the right to maintain it.

Hope this is suitable clarification

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: Electricity board rights

Postby monikir » Sat Mar 26, 2011 12:32 pm

Thanks for your replies. We do have the trees trimmed each year to keep them at a reasonable level and the Power company have been happy with this. A couple of years ago they came and trimmed them but only by a foot or so. This is the first time they have said they will cut them down to 6 foot. I will read the various legislation etc you have pointed me to so at least to be armed with some knowledge before they come back. Thanks again.
monikir
 
Posts: 3
Joined: Fri Mar 25, 2011 6:00 pm

Re: Electricity board rights

Postby Mattylad » Sat Mar 26, 2011 2:59 pm

Tell them that "before" they touch the trees that they must prove to you that they have the right to do so.

This is not just be giving you a verbal explanation of what they think but to show it in writing.

Obviously its not good to have high trees under high voltage power lines as there can be terrible consequences. However they should only be cut down to the required height (with consideration for them growing more in the summer).

I think 6 foot is a tad too small
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
User avatar
Mattylad
 
Posts: 2254
Joined: Sat Apr 07, 2007 2:29 pm

Re: Electricity board rights

Postby ukmicky » Sat Mar 26, 2011 4:42 pm

I believe i know this one unless the regs have changed

The distance varies from 0.8 meters for non climbable trees under low voltage power lines with it increasing to a reasonable distance determined i believe by the lecky company if climbable trees are underneath .

For lines carry 400v above climbable trees we are talking of a clearance up to 5.3 meters i believe.

The electricity company has a duty of care to prevent the general public and their workers from coming to harm through coming into contact with the cables or through the electricity arching through the air onto vegetation or someone climbing the trees.

They also have a right to cut back any vegetation that hamper access or cause any access dangers to their engineers who may need to service or repair the lines

They have the nessesary statutory rights under the electricity Act 1989.

You can carry out the works or if they need to they must use someone qualified who will meet arboricultural standards.

If you object they will need to serve notice under the act which you can still object to and if youcontiinue to object cause it ultimately i believe go all the way to the secretary of state for trade.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4546
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Electricity board rights

Postby Stoday » Sun Mar 27, 2011 4:32 pm

Post a photograph of the line and supporting pole and I'll tell you what the voltage is, if you want to know.
User avatar
Stoday
 
Posts: 403
Joined: Sun May 27, 2007 1:33 pm
Location: Suffolk

Re: Electricity board rights

Postby pilman » Tue Mar 29, 2011 5:25 pm

When power lines cross over private property, doesn't there need to be a wayleave in existence?

Is that the position for the OP.

Does the wayleave grant rights in respect of height of trees below the cables, or am I totally confused about the rights that a utility company have over private property.

I know I once received payment because a pole was on land we bought, and I also had to sign a wayleave to allow gas and electric to be laid on a private road.
I must admit I don't know what the legal position is about over head cables, which is why I am wondering if this effects the posters situation.
pilman
 
Posts: 2840
Joined: Thu Mar 11, 2010 5:08 pm

Re: Electricity board rights

Postby monikir » Tue Mar 29, 2011 6:42 pm

We are in the middle of a wayleave negotiation with the electricity company. It has been ongoing for about 4 years now.

Had another visit today and with a little prodding have found out its because it is easier to cut the trees right down rather than necessary! Apparently there needs to be a 3.8m clearance and just a few of the trees would be even anywhere near this in this growing season. Am now negotiating with the tree surgeon they have employed as to the best way forward. He doesnt want to hack them down either as there are a lot of varied and mature trees in amongst it.
monikir
 
Posts: 3
Joined: Fri Mar 25, 2011 6:00 pm

Re: Electricity board rights

Postby pilman » Tue Mar 29, 2011 6:49 pm

Write to Utility company and tell them that as the matter has dragged on for such a length of time, you refuse to grant a wayleave, so could they arrange to move the overhead wires as soon as possible.

Then see what happens.
pilman
 
Posts: 2840
Joined: Thu Mar 11, 2010 5:08 pm

Re: Electricity board rights

Postby Treeman » Tue Mar 29, 2011 7:27 pm

monikir wrote:We are in the middle of a wayleave negotiation with the electricity company. It has been ongoing for about 4 years now.

Had another visit today and with a little prodding have found out its because it is easier to cut the trees right down rather than necessary! Apparently there needs to be a 3.8m clearance and just a few of the trees would be even anywhere near this in this growing season. Am now negotiating with the tree surgeon they have employed as to the best way forward. He doesnt want to hack them down either as there are a lot of varied and mature trees in amongst it.



Wayleve negotiations usually take a month or two so what’s causing a delay of that magnitude?
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests