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Jackal1's avatar
Jackal1
Joining in
25 days ago

Junction cabinet in my hedge

Virgin Media applied to the local highways agency to replace a 85cm high cabinet on the highway outside my house in 2023. They actually put a replacement 1.2m high by 1.2m wide cabinet in my hedge, next to my drive. Earlier this year they dug up my hedge looking for cables under the cabinet and the hedge is now wrecked. I can’t replace it with a fence because the cabinet is in the way. I’ve tried complaining but four months later I’m just being fobbed off with excuses or promised callbacks which don’t materialise. I want to escalate the complaint but am not sure where to go. Is it Ofcom or the Communications Ombudsman? 

18 Replies

  • Did you ever get this sorted?  Virgin applied to the highways department to put a Cabinet on the highway outside my house but they put it in my hedge instead. There was one before but it was 85cm high and the new one is 1.2m high, right next to my drive. To make matters worse, they have damaged the hedge  but I can’t replace it with a fence because the cabinet is in the way. I’m trying to get it moved but I just keep getting fobbed off with excuses and promises of phone calls that never materialise. Is there someone I can escalate this to? Ofcom? Communications Ombudsman? 

  • goslow's avatar
    goslow
    Alessandro Volta

    What is it you are specifically complaining about? The fact that the cabinet is bigger or your hedge was damaged or both things?

    • Jackal1's avatar
      Jackal1
      Joining in

      The cabinet is higher than before so it should have had planning permission and it’s been put in my hedge and wrecked it but I can’t replace it with a fence as it’s across the boundary line. 

      • goslow's avatar
        goslow
        Alessandro Volta
        Jackal1 wrote:

        The cabinet is higher than before so it should have had planning permission and it’s been put in my hedge and wrecked it but I can’t replace it with a fence as it’s across the boundary line. 

        IMO, you have two separate issue to deal with then.

        The placement and size of the cabinet is one for the council. AIUI, telecoms providers have certain rights under 'permitted development' as to where they place equipment in the street. When they notify the council, it is often not much more than a formality

        You would have to find out from the council if they were notified and whether the change in size of the cabinet is relevant for consideration by the council.

        In a recent similar past topic

        Fibre cable cabinet installed on my property without knowledge or our consent yesterday. | Virgin Media Community - 5646772

        the OP managed to confirm with the council that an error (by the council) had been made in the cabinet placement. You may have an angle with the council if the proper process was not followed.

        Do you know if the new cabinet takes up more space from your land than the previous one did i.e. has the new cabinet moved from the old position on the public street and taken space from your land because of its greater size or was the cabinet always partly on your land but hidden in the hedge?

        If your hedge has been damaged then you would need to tackle VM directly about this.

        From past 'property damage' type of topics on here. VM's method is to keep the complainant engaged in endless back and forward communication but with no meaningful action or resolution taking place (presumably in the hope the complainant gives up eventually and goes away without VM having to do anything).

        I think you have to make a formal complaint to VM first of all and give VM an opportunity to correct and resolve the issue(s) before taking a legal route for property damage (which may be via small claims perhaps).

        You need to get some proper legal advice from Citizens Advice on both issues or see if you have any legal services cover through your home insurance or other such types of legal cover.

  • Client62's avatar
    Client62
    Alessandro Volta

    Sharing some photographs of the situation would be very helpful.

  • Roger_Gooner's avatar
    Roger_Gooner
    Alessandro Volta

    You need to know where is the boundary line of your property - which may or may not defined by the hedge. And if it's the hedge: over time it may have grown significantly in width, so where is the centre - if the centre is actually the boundary?

    • Jackal1's avatar
      Jackal1
      Joining in

      I’ve checked the boundary line with the council. The cabinet is 40cm deep and at least 29cm is in my property. 

      • -tony-'s avatar
        -tony-
        Alessandro Volta

        VM - if they even bother to reply will run you round in circles hoping that you get fed up and go away - you need to keep talking to the council - the original cabinet will have been poitioned with their approval and i would assume was fully on council land - if the new one has a bigger footprint and you can 100% prove part of it is on your land the council may get involved - otherwise you will need to go legal 

      • goslow's avatar
        goslow
        Alessandro Volta

        That's certainly an unwelcome addition in front of any home.

        You may get further suggestions and comments on here in response to the photo but, IMHO, your time and effort might be best used to get some proper legal advice on the matter.

        Unless you have some sort of solid basis for your case, IMO VM is highly likely just to keep stringing you along in endless non-productive communication in the hope that you give up and go away.

  • legacy1's avatar
    legacy1
    Alessandro Volta

    https://www.youtube.com/watch?v=dSSqHhAqxrk&list=RDdSSqHhAqxrk&start_radio=1