Rights when dealing with ESB

Markus Antonius

I'm sure there is an abundance of threads discussing this but was hoping for advice on my situation.

Neighbour wants line moved as it is too close to the house they are building behind their parent's house. However, it will move the line right beside my parent's home, require more poles on the land along with more pole supports as the power lines will now change direction on our land. On top of it all, it will cross lines directly over a plot that I want permission to build on in future (planning not requested yet).

Concerns were raised with the ESB rep who called out but he said, there is no other option than what he proposed and he doesn't want to have to go the legal route to make it happen. With regard to the housing plans he said they would facilitate the rearrangement of poles when the time comes free of charge.

We also proposed moving the lines the other side of the neighbour's house (which would make far more sense as the lines would be straighter and be in parallel with the road, but he flat out refused as the neighbour would have to cut trees to facilitate it.

Seems to me that our neighbour is getting all the preferential treatment and the ESB are walking all over us.

What rights (if any) do we have to reject this change? Any advice would be appreciated.

Markus Antonius

Right, did my own bit of research on it. Seems the only right of access the ESB have is to service existing infrastructure i.e. replacing rotten poles etc. or to trim interfering branches. To change infrastructure, they have to consult with the landowner first then issue a "Wayleave", which is a effectively a "This is what we are doing whether you like it or not" And can carry out the work after 7 days whether you object to it or not.

https://esbnetworksprdsastd01.blob.core.windows.net/media/docs/default-source/publications/code-of-practice-for-access-to-land-premises.pdf?sfvrsn=56461cef_54

Seems you can only object for the purposes of dispute where the landowner feels they should be compensated for the work but I can't see anywhere (yet) where the decision/suitability of the plan can be challenged.

Seems shocking to me, that they can have such power. I recognise that they need to adjust and add to critical infrastructure, but this is completely frivolous and are clearly getting financial benefit from our neighbor to pursue this.

Mellor

Can you lodge an outline planning application for the location you want to build.
seems like a waste of money doing it twice

Markus Antonius

https://www.boards.ie/discussion/comment/123994511#Comment_123994511

Didn't know this was an option to be honest. Thought the house plans had to be fairly advanced before submitting an application. Will definitely look into it.

Was also thinking of putting a crude but fast shed where I"m planning on putting the house to force them away. But not sure if I'd have the time for this.

On looking through the regulation, I can't see anywhere that you can't have houses/sheds underneath power lines so long as they don't breach the "arc zone" which is a voltage-dependant radius around the lines, inside which no machinery/structures can go inside.

Markus Antonius

Just to give an update to the original post as I was mistaken on the situation - I rang the ESB rep and he said the neighbor had no say in this matter and that it was the ESB themselves who put a hold on construction until the line was moved. He did agree to call out again to discuss so that will give us a chance to get the ducks in order

Kat1170

I'd be getting their promise of no charges in future if they have to move poles etc if you build there in writing at the very least. Preferably through your solicitor.

Might make them reroute now or at least it might save you a large headache/bill in the future.

Markus Antonius

https://www.boards.ie/discussion/comment/124012785#Comment_124012785

Absolutely, will be speaking with the solicitor about this during the week. Have seen so many horror stories of people being quoted 5k, 9k, 15k to move a pole a matter of meters. Even if in writing, I would fear that if ESB undergoes any "rebranding" or privatisation or any other corporate mechanism over the years that the letter might not be worth the paper it's written on.

I have 5 alternative options for the ESB planner when he comes back next week. If he does not accept any of them then I am committed to standing up and fighting the legal battle they have threatened us with. I sold shares in the company I work for so am financially ready. Locks have already been put on the gates and all machinery I have at my disposal will be used to blockade the movement of any poles until I agree to whatever plans they have.

muffler

https://www.boards.ie/discussion/comment/124012637#Comment_124012637

As Mellor said get an application in ASAP for outline planning permission. You might even get an architect or engineer who will submit a set of plans they already have on file for a small additional fee and then you're good to go with a full application. No guarantee that it will work but I have done this several times in the past for clients and it worked out okay.

In saying all that I have found the ESB very reasonable to deal with when discussing line adjusting so dont be in a rush to barricade your property when there might not be any reason to do so.