Streetlight attached to front of house

[stitchmaker85]

Hoping someone might have an idea of what I can do in this situation.

We live in a terraced house, pretty close to to the street, I'd say 1.5m front garden between house and pavement. House was built circa 1900. Several houses along the street have street lights physically attached to them, including ours.

We bought the house 4 years ago and its not been an issue before, however we are soon to have work down, a new roof, new guttering, and would like to get the house re-rendered, and it will obstruct this being done due to it's position (at least the rendering part).

Besides this, I no longer want the street light physically attached to my property as it is very close to my daughters bedroom window and despite having a blackout blind, light creeps in. I'd rather install a security light ourselves lower down, more in line with the porch we're putting on at the same time.

Anyone have any experience with getting one of these removed or what my rights are in this situation?

Nothing came up in the searches when we bought it but I would have thought that in some point in the past, an owner must have given permission for this to be affixed to the house? I also cant work out what is actually powering it as there are no cables I can see, the only ones visible are phone lines.

We aren't being paid to have this eyesore attached to our house, so do we legally have to keep it?

Are the only streetlights in the street attached to houses, or are there freestanding ones too? Do you know any of the neighbours who have a light attached? Perhaps one of them may have some paperwork relating to installation or maintenance or permission? It would likely be similar for all the properties so it would at least give you a starting point.

You can contact Council Highways to ask if they would move or remove it. Do you have pp for the porch? Can you include it.

There's a mix of lamp posts and lights that are attached to houses, from my house I can see 2 others with lights attached. I don't know anyone aside from the people attached to mine so wouldn't have the confidence to ask the other houses directly really.

We don't need planning for the porch we far as I know as it falls under permitted development due to the small size.

Does it extend past the front building line, if so you may need pp.

Ok, we won't put the porch on, but I will be putting a security light up near the front door.

So the 1.5m frontage of garden also belongs to your house?

If so, the light is not in a public highway. It is on your private land. Forget how high up it is - ironically there is no upper vertical limit legally.
Also dismiss that the cables to the lights are providing you with a service - unlike overhead pole telecoms cables or overhead power. That’s different as those cables are providing a service INTO your property.

Therefore there has to be consent, somewhere for that light to exist on your house. That consent is called a wayleave.

The council who owns that light need to show you the wayleave permission they have for the light to be there. If they can show it, then there is probably an agreement clause for you to request it’s relocation. If they can’t show it you can simply request they remove it without charge.

It should be that simple.

One last thing to remember is that is something has been attached to your wall for a very long time and never been contested, they will potentially have some rights to argue it remains. But cross that bridge when you come to it.

Contact your local authority and go from there….

@Mykittensmittens

So the 1.5m frontage of garden also belongs to your house?

If so, the light is not in a public highway. It is on your private land. Forget how high up it is - ironically there is no upper vertical limit legally.
Also dismiss that the cables to the lights are providing you with a service - unlike overhead pole telecoms cables or overhead power. That’s different as those cables are providing a service INTO your property.

Therefore there has to be consent, somewhere for that light to exist on your house. That consent is called a wayleave.

The council who owns that light need to show you the wayleave permission they have for the light to be there. If they can show it, then there is probably an agreement clause for you to request it’s relocation. If they can’t show it you can simply request they remove it without charge.

It should be that simple.

One last thing to remember is that is something has been attached to your wall for a very long time and never been contested, they will potentially have some rights to argue it remains. But cross that bridge when you come to it.

Contact your local authority and go from there….

Thanks for your helpful reply Mykittensmittens.

Yes, the 1.5m of front garden is our land, I'd never considered that aside from it being physically attached to our house, its also on our land (from a birds eye view)

I'm a little puzzled nothing came up on searches when we bought the house, would tis typically be something a wayleave should appear on?

I know someone who had a street light on their property, not physically attached to the house though. They contacted the council and / or highways who had it moved on to the pavement.
Seemed pretty straight forward and I don’t think they charged them.

Porches are an odd one, I think you can have it as permitted development, check you local council website as it should have info in the planning section

Wayleaves are a bit hit and miss. It should have been pointed out by a surveyor potentially too.

If there was a wayleave agreement the seller should really have disclosed (I think there is a section where they are asked about wayleave, easements, covenants and rights of way).

It’s not likely to be an issue but sometimes when things have stayed a certain way for a long time without being challenged, they become a right without it being being a right (if that makes sense) but I’d ask the council and go from there.

Would you prefer a lighting column directly outside the window? One thing they may do is relocate the light to a lamppost and just to warn you, under their rights they really don’t have to consult you on where that goes so it may cause just as much light pollution as the light on the wall!

Also, that light must occasionally need maintenance, which would mean putting a ladder on your land. Has that ever occurred?

@Mykittensmittens

Also, that light must occasionally need maintenance, which would mean putting a ladder on your land. Has that ever occurred?

I've never seen this happening, although we both work so could have been done while we were out, anyone can get into the front garden from the street.

As for the fact that they might transfer it to a lamp post, I'm presuming they can't block driveways or access paths with them? We have a side drive, and a gate on the front wall from the path to the front door.

They can’t block access, no.

I’m sure if you ask they’ll be equipped to advise what the legal background is. Fingers crossed.

They won't put it on a dropped kerb.