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Wayleave/permission issue from unknown 3rd party

FencingFanatic

Casual Member
A friend of mine is trying to get fibre installed from sky who he is currently with but via fttc. He has been waiting months with various points it look like it was going to happen before it got moved again.

He was finally told this week by sky that the hold up is Openreach trying to get permission/wayleave from a third party. The joint box is within his area covered by his house boundary so can't see who they could be seeking permission from and sky don't know or won't tell him. This is the third and final time they will seek permission before cancelling the install as they have had no response to the first 2 attempts.

Does he have the right to know who they are seeking permission/wayleave from? If it's a neighbour he would then have the option to talk to them about it incase they just missed/ignored it.
 
I doubt that Openreach would share information about the permission/wayleave as there doesn't apear to be a safety issue or a lawful reason to do it.

Under the GDPR and Data Protection you may share information without consent if, in your judgement, there is a lawful reason to do so, such as where safety may be at risk.

If a neighbour is simply ignoring the permission/wayleave requests they may not want the added presure of someone knocking on their door and may seek redress from Openreach for releasing their personal information.
 
I doubt that Openreach would share information about the permission/wayleave as there doesn't apear to be a safety issue or a lawful reason to do it.

Under the GDPR and Data Protection you may share information without consent if, in your judgement, there is a lawful reason to do so, such as where safety may be at risk.

If a neighbour is simply ignoring the permission/wayleave requests they may not want the added presure of someone knocking on their door and may seek redress from Openreach for releasing their personal information.
I appreciate the need to respect privacy and can see your argument for the application of GDPR and Data protection.

You would have thought that the requirement set out in most deeds to allow access or works in your property for the purpose of maintaining/ upgrading services for adjoining properties should be sufficient for them to just do the works and make good with ideally making the relevant addresses aware.

I'm not sure what Openreaches plan for implementing FTTP and retiring the copper network will be where you have properties that requite further permission/wayleaves but these are ignored/unanswered if they only try 3 times.
 
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Unless the deeds give Openreach an easement they can only do works to deliver services to the property owner as the permission is granted when they order. To reach anyone else needs wayleave.
 
Unless the deeds give Openreach an easement they can only do works to deliver services to the property owner as the permission is granted when they order. To reach anyone else needs wayleave.
The proposed route as he was told by Openreach is entirely within his own property boundary so he can't understand to who they require permission to install. It maybe they have decided on a different route and not told him which is now causing the permissions/wayleave issue.
 
Also don't assume that wayleave is being denied. There are a million other posibilities. Maybe the property is under rental and they are ignoring the letters. Maybe the letters are being passed to the state agent and they are ignoring them. Maybe the owners don't understand the letter and don't know who to ask. Maybe some elderly live at the property and don't understand what it is all about. My advice is that if your friend knows their neighbours he should ask around and see if anyone has been contacted. Often all it is needed to get a wayleave is for a human to explain in plain terms what it is going to happen.
 
The joint box is within his area covered by his house boundary so can't see who they could be seeking permission from and sky don't know or won't tell him. This is the third and final time they will seek permission before cancelling the install as they have had no response to the first 2 attempts.
Tel him to try another ISP - Sky wont have either the will or there wherewithal for anything other than a bog standard install. So he'll just get the fob off.
 
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I have told him to talk to any likely neighbours, at least one other is trying to get FTTP currently and looks to be connected to the same underground joint box. So they may have some info/insight.
 
Openreach has now told him they won't do anymore concerning the way leaves but he's welcome to sort it himself. The joint box appears to be just outside his boundary of the property.

Is there a specific form he need to get everyone to sign to count as getting the permission?
 
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Openreach has now told him they won't do anymore concerning the way leaves but he's welcome to sort it himself. The joint box appears to be just outside his boundary of the property.

Is there a specific form he need to get everyone to sign to count as getting the permission?
if the box lies outside his property, surely you could get the information about who owns the land by filing a request with HM Land Registry? On the subject of GDPR/Data etc, this is publicly available info. You can find out who owns any piece of land, or who the rightful owner of a house is. It costs £3.

 
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