HOW TO LODGE AN OBJECTION WITH UFF
Why UFF has rights to install work without prior consent
The work we have proposed to complete in the shared accessway/ multi dwelling unit has been classed as a Category 1 or 2 Installation under the Property Access Regulations.
Category 1 – This is where the installation work will have a minimal lasting effect on your shared accessway or common area.
Category 2 – This is where the installation work may have some physical impact on your shared accessway or common area.
These are the categories of work that UFF is permitted to install by notification rather than by obtaining prior written consent.
What you can object to
The Property Access Regulations are designed to enable faster and simpler connections to ultrafast broadband. This means that there are limited grounds for those who share the area where we are installing our asset to lodge an objection.
You can lodge an objection if the work we have informed you of is a Category 2 Installation.
If the notice with this pamphlet is for a Category 1 installation, the Property Access Regulations do not permit objections. This is because we have been granted rights under part 4 of the Telco Act to proceed with that type of installation.
Below we explain what the grounds are so you can assess if your objection to a Category 2 Installation fits into these categories. These are set out at section 155N of the Telco Act.
Please be aware that we may ask for more information to verify if these grounds have been met before we cancel or re-design any planned Category 2 installation work.
Ground 1. If you dispute the property ownership of the property on which we plan to carry out the planned installation work. We may ask for evidence that there is an ongoing dispute (if that can be done without breaking any confidentiality arrangements you have in place if the dispute is in court or disputes tribunal for example).
Ground 2. You can demonstrate that the planned installation work will have a materially negative impact on the value of your property. We may ask you for valuation reports to verify this.
Ground 3. You can identify ways that the work will impact your enjoyment (i.e. use) of the property or how it will worsen an existing problem with the property. Please note that the Property Access Regulations excludes visual impact so this is not a ground you can object on. We may ask you for photographs to help us to understand how your enjoyment (i.e. use) of the property or how an existing problem is worsened.
Ground 4. You can demonstrate that the planned work will impede (i.e. delay or prevent) your plans to develop the property. We may ask for plans or consents that you have drawn up or approved to help us to see that there are planned developments.
Ground 5. You have an easement over the property that will be affected by the Planned Installation Work and you can demonstrate that the work will have an enduring impact on the terms and conditions of your easement. We can obtain a copy of the easement instrument if you supply the details of it. We may ask you for details of the exact terms and conditions in that easement will be affected.
How long you have to lodge an objection
You can lodge an objection within 15 working days of the date you receive the notice enclosed with this pamphlet.
How to lodge an objection
What happens if you lodge an objection
Ultrafast Fibre won’t start any Planned Installation Work until we have assessed your objection.
We will make a decision about whether your objection is accepted or not. We will let you know the outcome as soon as we can.
What happens if you do not agree with our decision about your objection
You have the right to refer this to the Utilities Disputes scheme. We’ve provided more details on that [over the page/below].
What happens if the person requesting our fibre service does not agree with your objection?
We must let the person who placed the order with us know about the objection you raise. They also have the right to dispute the objection by referring the issue to the Utilities Disputes scheme.