Hi guys need some advice. We have a telecomms company in process of putting up telegraph poles. 93% of residents surveyed are against this. We have provided a alternative but they still are trying to plow ahead. We are considering a injunction to stop them as our area has alot of environmental and ecology issues that should be considered. Any advice on process to get injuction and forms etc pls. Thanks
Telelegraph poles- possible injunction
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When you say telegraph poles do you mean mobile phone masts?
What are the grounds on which you would seek an injunction?
Last edited by PallasAthena; 8th June 2024, 13:00:PM.All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.
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It falls under permitted development despite us raising Article 4 with the local authority permits have been granted. 93% of residents are against this due to ecology and environment of our area which is open green space with swans, bats and other species. So we are seeing if we could try to get a injunction but do not have a clue where to start.
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Cabinet Siting and Pole Siting Code of Practice Issue 2 November 2016 Fixed Line Code Operators
5.8
“All new poles should be sited, so far as is practicable, so as to minimise their impact on their
setting, including the landscape and any buildings. To minimise the visual impact, poles
should not be sited in a prominent position at a junction or on a bend in the road.
“Other prominent locations on grass verges or grassed amenity areas should be
avoided unless there is a technical justification.”
“Polesmustnotobstructanyexistingmeansofenteringorl eavingland.Additionalcare
istobetakenwhensitingpoles inConservationAreasand/orWorldHeritageSites. For
particularlysensitivepartsofConservationAreasandWo rldHeritageSites,identifiedin
dialoguewiththelocalplanningauthority, andwherethereisnoalternativetositinga
poleinalocationdeemedunacceptablebythelocalplannin gauthority, then
considerationshouldbegiventousingundergroundservic efeeds.”
The ecology and environmental aspect of our area and the authority just granted permits without applying article 4.
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Letters we sent out to council and the provider.
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You start with a whip-round so that you can see a good lawyer.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Please read the question and answer at
https:/questions-statements-parliament.uk/written-questions/detail/2024-02-16/14269
If you are unhappy with the LA's response and procedure/investigations they have undertaken, you can refer your complaint to the Local Government and Social Care Ombudsman
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