ESB damaging property ....HELP.

[tubbs in dub]

In November 2004 we noticed a 12ftx3ft bush was dying in our front garden. On investigation it had been sawn off very near the roots.

This bush is in front of an ESB junction box (about 5 ft high + 5 ft wide) which is in our front garden. This bush nicely screened off the big metallic ESB box.

I contacted ESB Networks to ask whether they had chopped the bush. I got no straight answer despite about 10 phone calls and many emails. I also reported an act of vandalism to the gards.

I contacted ELCOM the alleged 'regulator' for ESB and explained the situation which obviously prompted a response from ESB saying that it was them that chopped the bush and apologised for not informing us but that they had every right to clear a path to the box.

There were some inaccuracies in their letter saying that they

1. Removed the bush after chopping it down - they didn't, its still in situ and very dead.
2. They use a common driveway to get to the bush - incorrect, we own the driveway
3. They tried to contact us when they received my first complaint - utter rubbish.
4. They have every right to chop anything down in front of the box ?

Today I get a letter from ELCOM saying that as far as they are concerned that is the end of it. ESB have apologised for lack of communication so that’s that - end of story!

I am now bloody livid after getting both their letters.

What legal right do they have to come onto my property and destroy a mature bush without informing the owners of the land and the bush ?

Can we legally insist that they tell us before entering our property to get to the ESB box ?

We are going to put up a gate to block off our driveway (that they referred to as the common driveway!). Can they prevent us putting up a gate that can be locked ?

What if we plant another tree/bush to screen off the box - I don’t want them to destroy another tree/bush.

Is it worth going down the legal route with this ? Do I have a leg to stand on in getting what I want ?

What I want is a guarantee that none of our plants trees or bushes will be damaged again. And secondly I would like the 20 year old bush that they have destroyed removing and replacing.

Any advice please ?

 

[DaveD]

Hi Tubbs,

As far as I recall all the essential utility companies (electricity, water, gas) have the right to enter your land to carry out essential maintenance or in an emergency. Don't think theres anything you can do about it really. Prior notice would be nice but not very practical in the real world, especially in an emergency situation.

Planting the bush in front of the box may be nice from your point of view but not very helpful in allowing the ESB access. I agree that they should have the manners to inform you beforehand and give you the chance to move the bush without killing it.

Don't think you'd be allowed install a locked gate as you're preventing access in an emergency. What did the Gardai have to say?

Dave

 

[tubbs in dub]

DaveD, the Gardai gave me an incident number if I want to take things further. They weren't that bothered and I can understand it not being no.1 on the list of crimes to be dealing with.

What ESB have done goes completely against their charter. ELCOM, I believe are set up by the ESB and paid for by the ESB and yet they are 'independent'. They are a waste of space in my opinion. Still deciding whether to persue this - I am still very angry that they have done this.