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mhalliday1980
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Message 1 of 19
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Installing Media Cabinet against my boundary wall

Virgin Media have turned upto our cul de sac unannounced and dug across every driveway in the street without warning and also carried out deep excavation works at the side of my house against my boundary wall. They say they are above the law and can do what they like basically. I have pointed them towards the party wall act which clearly stipulates if they are going dig below the foundations of my wall they are to give a months notice nad have my consent. I have asked them to stop numerous times and they wont, and I have had it confirmed by a Chartered Surveyor that they are not to do this and must serve notice as per section 6 of the Party Boundary Wall act. The lan don which this cabinet and my wall is sited is land filled and foundations are quite precise to wall, digging under them could compromise the foundation. They engineers arent bothered and wont stop. I have requested the picturs of the excavation before it was backfilled and asked them not to tarmac until i can see the condition of the excavation prior to backfilling. They wont budge are progressing to dig even mor holes alongside my boundary. I have tried to find a number to complain direct but to no avail. My next step is a court injunction against Virgin to make you stop tomorrow if this cannot be sorted satisfactorily by the morning

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Re: Installing Media Cabinet against my boundary wall

You are unlikely to get a reply from staff today. This is a community based forum with staff picking up issues when needed, staff replies are an AVERAGE of 48 hrs.

You also need some qualified legal advice, NOT from a chartered surveyor. If you are referring to a wall around your property, The Party Wall Act,1996 does not apply.

Basically if they have Planning consent (which they will have) , its not that they are above the law its that they are compliant with the law.

Its unfortunate you seem to be distressed by the situation, Ive flagged your post for staff as obviously the excavations are due to be infilled from what you say, but it would seem to me to be a matter of VM's (or rather the contractors) discretion, not a legal case.

 


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Superuser
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Re: Installing Media Cabinet against my boundary wall

It is a serious pity that you chose to post this issue on VM's Community Forum. I say this without any malice but because it will get you precisely nowhere. The Forum is not a direct means of communicating with VM staff anywhere in its organisation.  The relevant team for this issue won't read the Forum and the VM Forum Team staff will take days to pick up this post and offer advice.

Now I am not a legal expert when it comes to streetworks. What I do know is that VM have the right to install their cables and equipment on the public highway with few restrictions. They certainly have to notify the local authority of the work. although, again, I'm not sure to what extent. I am sure that the council would need to be satisfied that private property interests were not compromised.

Your first step should be/should have been to contact your local council's highway department and report your concerns.

I am puzzled by the reaction of the VM construction team on in your street. They should have been more co-operative. The number for the VM construction team is 0345 045 0595.  They may be able to help. But I wonder if the work being done in your street is part of VM's network expansion - Project Lighting - which I think is being handled separately.

This is all a bit academic until tomorrow morning when you can contact the council and perhaps try the VM construction team. An injunction will be expensive and to be avoided if you possibly can.

 


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mhalliday1980
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Re: Installing Media Cabinet against my boundary wall

I am sorry but that is where you are misinformed the Party Wall Act actually covers boundary walls that stand alone and stipulate that any excavation within 3 metres and downwards at a 45 degrees angle from the foundations are covered within this act, Everyone from local councils, to the government are subject to this act, i can send you the link if you like

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mhalliday1980
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Re: Installing Media Cabinet against my boundary wall

Well maybe they should have a direct means of contact to get hold of someone when required considering the amount of works they are undertaking at present. It is a media cabinet being installed and the installation team or the dont want to know, and advised they didn't have any contact details, now I have  thanks

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mhalliday1980
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Re: Installing Media Cabinet against my boundary wall

I have also been in contact with the council all day who refuse to help

 

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shanematthews
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Re: Installing Media Cabinet against my boundary wall


mhalliday1980 wrote:

I have also been in contact with the council all day who refuse to help

 


Again most likely because they have permission, are they digging in to land you own or is the dug up part council owned?

Its very likely the latter in which case they already have permission to perform the work from the people who own the street, you're unlikely to get anywhere with this as the job will likely already be finished before anyone gets to your query

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mhalliday1980
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Message 8 of 19
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Re: Installing Media Cabinet against my boundary wall

They are digging inches from my wall but at a depth below my foundations which is not allowed without permission, and measures to make sure they dont disturb them, im not stopping them i just want to make sure im not left replacing a wall in a years time

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Message 9 of 19
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Re: Installing Media Cabinet against my boundary wall


mhalliday1980 wrote:

I am sorry but that is where you are misinformed the Party Wall Act actually covers boundary walls that stand alone and stipulate that any excavation within 3 metres and downwards at a 45 degrees angle from the foundations are covered within this act, Everyone from local councils, to the government are subject to this act, i can send you the link if you like


If you would, I'm always open to being wrong


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shanematthews
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Message 10 of 19
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Re: Installing Media Cabinet against my boundary wall


mhalliday1980 wrote:

They are digging inches from my wall but at a depth below my foundations which is not allowed without permission, and measures to make sure they dont disturb them, im not stopping them i just want to make sure im not left replacing a wall in a years time


Well i'm looking at the party wall act and it specifies "a building owner" which VM isn't

This section applies where—

(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b)any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.

(2)This section also applies where—

(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b)any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.

http://www.legislation.gov.uk/ukpga/1996/40/section/6

VM aren't building a structure so looking at this part of the act it wouldn't seem to apply to them, hence why people are not responding to your claims under this act, it would also only seem to apply if the buidling work is within 6 metres of the actual house, garden walls wouldn't count for this just by looking at the wording, the 45 degree part mentions that they must be digging at an angle that would intersect, i.e towards, your property, which again they are unlikely to need to do as they would just dig straight down, all in all none of this would seem to apply to this

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