Can ESB enforce construction on my land to be a minimum distance from an underground

Glenofthesheep

Hello everyone, 
I'm hoping to get some advice regarding an ESB 38kv underground cable running through my land. 
I have planning permission from the local council to build a house on my land. After planning permission was granted I found out that there was a 38kv underground cable running through my land within 1m of where I am due to build a house. I talked to the ESB who told me that the house must be placed at least 2m away from the cable. 
As the site is very small (in a city), moving the house back 1m will entail a costly redesign and new planning application, so I'd prefer to avoid that option if at all possible. 
The ESB claim that they have rights to access the land, which is fine by me, but they have not been able to provide any documentation for a wayleave or easement on the land. The cable has been on the site since the 60s. There was no document attached to the title indicating there is an underground cable. 
So my question is: does the ESB have any legal right to stop me building according to my planning application grant at 1m away from their 38kv cable?

Gumbo

Was the cable there before you bought the land?
Should have been marked with a wayleave on a map during the purchase.

But yes, they can enforce you to step back the 2m, just like the council can enforce you step back 3m from a public sewer running though private land.

Or you could pay the costs of moving it but I fear that would substantial.

Glenofthesheep

That's the thing, the ESB doesn't have a wayleave or easement, and there was no map during purchase

Gumbo

Glenofthesheep wrote: »

That's the thing, the ESB doesn't have a wayleave or easement, and there was no map during purchase

My opinion, this is like buying a car and finding out 3 months later that it had a little crash. It's yours now so you have to work with what you got.

Does stepping back the 1m effect the design at all?
You could talk to the planners and see if it constitutes a material alteration to the granted application.

mickdw

Imo you won't win with the esb in the end. All you will gain is further delays and legal costs.
Even if you need a full new planning application, it is still the best option versus fighting a battle you won't win.

Glenofthesheep

Thanks for your opinions on this so far, and I tend to agree with what you are saying. I'd still like to find out specifically what the ESB can legally do as they don't have a wayleave or easement.

Gumbo

Glenofthesheep wrote: »

Thanks for your opinions on this so far, and I tend to agree with what you are saying. I'd still like to find out specifically what the ESB can legally do as they don't have a wayleave or easement.

You will also have a legal requirement to keep back from the line under health and safety legislation I would imagine also.

At some stage the ESB must have gotten permission from the land owner at that time to lay the cab,es?

mickdw

I just asked a friend who is a bit knowledgeable on such things.
Normal notice of wayleaves for esb to run services etc are just issued to the land owner at time of construction by the esb - they are legally entitled to do this. They remain valid for life of installation and allow them to enter and maintain etc.
Now here is where it gets a little interesting. It seems if the esb required any further control over the area of the installation, such are requiring a no build zone near a service run, they would have to obtain an easement and such easement will be registered on the folio. The normal esb wayleave will not be registered apart from being kept by the esb themselves. So basically they have permission to go wherever for maintenance but requiring no vuild zones etc is a different ballgame.
If what my mate says is correct, there may be a chance that they would have to move your cable run free of charge. Time for legal advice really.

autumnalcore

mickdw wrote: »

I just asked a friend who is a bit knowledgeable on such things.
Normal notice of wayleaves for esb to run services etc are just issued to the land owner at time of construction by the esb - they are legally entitled to do this. They remain valid for life of installation and allow them to enter and maintain etc.
Now here is where it gets a little interesting. It seems if the esb required any further control over the area of the installation, such are requiring a no build zone near a service run, they would have to obtain an easement and such easement will be registered on the folio. The normal esb wayleave will not be registered apart from being kept by the esb themselves. So basically they have permission to go wherever for maintenance but requiring no vuild zones etc is a different ballgame.
If what my mate says is correct, there may be a chance that they would have to move your cable run free of charge. Time for legal advice really.

Sorry to resurrect, similar situation here, what was the outcome?