cancel
Showing results for 
Search instead for 
Did you mean: 

Move a Virgin Media green street cabinet

2001chavezl
Tuning in

We have a Virgin Media street cabinet directly in front of our drive which we need moving as it is partially blocking access to our driveway (by almost a metre). Please see pictures.

Aside from it continuing to make it really difficult for us to get our vehicles on and off our drive, there’s been several near misses by us and visitors as the cabinets are not very high and difficult to see when attempting to reverse while also trying to avoid other vehicles already on the drive.

I should mention that a pub used to stand where our house now is and the box was there prior to the house being built. The driveway was built with the house and no alterations have been made to the driveway. The pub was demolished and 4 semis were built in its place. Strangely, the cabinet was never relocated when the houses were built even though it was partially blocking access to one of the properties and the new layout/change to residential use.

If the box was relocated only a couple of feet to the right, we would have full access to our drive and the neighbours would be unaffected by this as the box would sit directly in front of their brick wall as the entrance to their drive is on the other side. It is a safety hazard due to its current location and it is only a matter of time before someone does drive into it and causes damage to not just the box and everything housed inside but also their vehicle.

Please can someone get back to me on this. Many thanks

38 REPLIES 38

They may not “have” to do anything about it however, given it poses a safety risk due to its location, they could be sued if someone crashes into it (especially after being reported to them as a safety risk) as it should not be partially blocking a driveway by almost a metre, regardless of whether the developer reported it at the time or not. Although the developer clearly escaped their responsibility in this regard, Virgin Media is equally as responsible. It is therefore irrelevant that it was in situ when the house was viewed as that does not override the fact that it poses a safety risk, which is quite evident from the images.

I agree the developer is just as much at fault here. However, my main concern remains at the clear safety risk if this cabinet is not moved, even by a couple of metres to the right, and as such, VM is equally as responsible. I can just see someone is going to drive into it before long and injure themselves. 

Thank you for sharing those links, that is really helpful. I have spoken to someone on the phone who has given me the email address for the Diversionary Support Team and just waiting for them to come back to me.

japitts
Very Insightful Person
Very Insightful Person

@2001chavezl wrote:

The pub was demolished and 4 semis were built in its place. Strangely, the cabinet was never relocated when the houses were built


At the risk of adding to the replies already, there's nothing strange about developers proceeding here on the hope that someone would buy the house in knowledge that the cabinet is already legally in situ.

Any future issues with that cab would become the home-owners issue. If they were unable to sell the homes because of the pre-existing incumbrance, they may have taken a different view.

I'm a Very Insightful Person, I'm here to share knowledge, I don't work for Virgin Media. Learn more

Have I helped? Click Mark as Helpful Answer or use Kudos to say thanks

It is not the home owners issue as the cabinet is not on our land, it is on a service strip directly in front of the driveway. As already stated, the main issue is that it is a clear health and safety risk and VM WOULD be at legally liable if the issue has been reported as a safety risk (backed up by photographic evidence) and they decided to not take action, only for someone to then crash into it and injure themselves. That is the point I am making. As already stated, I have now been able to contact them privately. 

japitts
Very Insightful Person
Very Insightful Person

If the cabinet was there before both the home & driveway, I can't see how any H&S risk is on VM.

I would think yhe risk is on the person/organisation who converted the property and/or who subsequently purchased it.

I'm a Very Insightful Person, I'm here to share knowledge, I don't work for Virgin Media. Learn more

Have I helped? Click Mark as Helpful Answer or use Kudos to say thanks

nodrogd
Very Insightful Person
Very Insightful Person

@2001chavezl wrote:

It is not the home owners issue as the cabinet is not on our land, it is on a service strip directly in front of the driveway. As already stated, the main issue is that it is a clear health and safety risk and VM WOULD be at legally liable if the issue has been reported as a safety risk (backed up by photographic evidence) and they decided to not take action, only for someone to then crash into it and injure themselves. That is the point I am making. As already stated, I have now been able to contact them privately. 


Legally, you do not have a leg to stand on, as you bought the property in full knowledge of the access restriction. VM has planning consent for it to be sited where it is. In many cases (as in my road) property owners will create car access to the front of their property whether or not they have agreed a VCO (vehicle crossover) with the local council for them to legally have access to it (see photo below). In your case the VCO has been installed outside the boundary of the box, so they obviously saw no safety issue when agreeing to install it.
IMG_0019.jpeg

VM 350BB 2xV6 & Landline. Freeview/Freesat HD, ASDA/Tesco PAYG Mobile. Cable customer since 1993

I'm a Very Insightful Person, I'm here to share knowledge, I don't work for Virgin Media. Learn more

Have I helped? Click Mark as Helpful Answer or use Kudos to say thanks

I actually work in H&S and deal with risk assessments on a daily basis. Any previous risk assessment would have been based on when the pub was still there and not on the new layout and would therefore no longer be applicable as the land use has changed. While I agree the developer should have liaised with VM to relocate it, ultimately, it is VM who is responsible for carrying out the work and as VM owns the cabinet, they would responsible if someone get injured as a result of their equipment. In a court of law, that is what it would be based on. It is their equipment.

I actually work in H&S and deal with risk assessments on a daily basis. Any previous risk assessment/installation consent would have been based on when the pub was still there and not on the new layout and would therefore no longer be valid as the land use has changed. While I agree the developer should have liaised with VM to relocate it, ultimately, it is VM who is responsible for carrying out the work and as VM owns the cabinet, they would responsible if someone get injured as a result of their equipment. In a court of law, if someone was injured, that is what it would be based on. It is their equipment. You say “Legally, you do not have a leg to stand on, as you bought the property in full knowledge of the access restriction”. As I have already explained, the main concern is it poses a health and safety risk, not to just as a resident but to visitors, delivery drivers etc. We can continue to live with the cabinet with where it is, that is really not the issue. Like I said, if someone hurts themselves or their vehicle whilst  accessing the property, VM would legally be responsible and any claims that the developer didn’t submit an application to get it relocated wouldn’t stand up in a court of law as VM owns the equipment and they have been made aware it is obstructing an access way.

japitts
Very Insightful Person
Very Insightful Person

Well that's a very "interesting" view on it, considering the cabinet was there before the property was built and you bought the property in full knowledge of its existence.

This one won't be resolved on this thread, but does seem to me a clear case of caveat emptor - if anything, common sense would suggest the H&S risk was created by the house build and any driveway extension.

I'm a Very Insightful Person, I'm here to share knowledge, I don't work for Virgin Media. Learn more

Have I helped? Click Mark as Helpful Answer or use Kudos to say thanks

Tudor
Very Insightful Person
Very Insightful Person

Viewing the picture supplied by Nodrogd I can see there is a bus stop immediately outside your house and NO dropped kerb. I believe it’s illegal to drive over a pavement to your home without a dropped kerb in place. It’s much more of a H&S issue of people driving over the pavement that the location of the VM box. I’m sure the local council will assist if there really is a problem. It’s nothing to do with VM.


Tudor
There are 10 types of people: those who understand binary and those who don't and F people out of 10 who do not understand hexadecimal c1a2a285948293859940d9a49385a2