Anger over tram power wires letters

Published on Friday 4 July 2008 10:36

TRANSPORT chiefs have come under fire in their bid to get homeowners' permission to fix overhead wires to buildings along the tram route.

Letters from TIE have been sent to hundreds of building owners along the airport to Newhaven line where the tram firm wants to attach overhead cables used to power the trams.

The notices only give owners 28 days to reply to TIE or their permission is assumed.

If an owner refuses to allow a fixing on their building then TIE will instead install a pole for the wires on the street, though any refusal can be challenged in the courts.

Legal experts today hit out at the fact that the notices do not make reference to the fact that owners with mortgages need the permission of their lender to agree to a fixing or they will be in breach of their mortgage conditions.

Residents today demanded answers on who will cover the legal costs and any extra insurance premiums associated with agreeing to the fixings.

It is hoped that the majority of building owners will agree to the fixings to avoid the need for too many unsightly poles along the tram route.

Justin Bird, 30, returned to his Constitution Street home from a holiday early last month to discover a letter dated May 21 saying he had 28 days to respond in writing or it would be assumed he had given his consent to a fixing outside his 2nd-floor flat.

He said: "The sneaky thing is that the notice about the fixings was at the back of a newsletter and it could have been easily missed. The letter just doesn't make the legal consequences of the fixings very clear.

"You get the impression that TIE are trying to push this through quickly and if you haven't got the letter, or have been away then you are going to be out of pocket.

"I have written to them but have still to hear anything back.

"I want to know who covers the legal fees, any extra insurance liability and why they don't make it clear that I will technically be in breach of my mortgage conditions if I sign this."

Gregor Buick, an associate with Edinburgh law firm Murray Beith Murray WS, has several clients unhappy with the approach taken by TIE.

He said: "This is unfair in that the property owners are not being clearly informed of the legal implication of what they are being asked to sign up to.

"They are obliged to sign documents which will have an affect on their increased risk and cost of buildings insurance and no compensation or payment is being offered."

A TIE spokesman said: "All property owners whose properties have been identified in the final design of the tram as requiring a building fixing have received a Building Fixings Information Pack.

"We are currently dealing with any objections and we will communicate directly to these people or their nominated representative."

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