Infrastructure Projects – Know Your Rights

Posted by Davidson & Robertson on 16th November 2022 -

Any infrastructure scheme is a complex project which often involves tricky and intricate negotiations frequently with long term implications. Being involved with clients when a project is first announced makes a huge difference – be that negotiating to adjust infrastructure routes, agreeing suitable mitigation measures and equipment, compensation and potentially including injurious affection (the negative impact on your wider/remaining property).

“It’s about guiding those affected through each stage of the process, which could be a very long, and protracted period. Consideration must also be given to the wider impacts and potential unforeseen consequences that could impede existing, and future alternative uses of the property.”

Pylons: If you have a pylon on your land, it is highly likely that it will require some form of upgrade works in the coming years. We are aware of multiple lines right across Scotland that are due to be upgraded to higher voltages. This requires restringing of lines, new insulators and potentially works to foundation and often require temporary roads to be installed.

There are also new cable/pylon/pole requirements across the country – and especially along the east coast where offshore energy needs to come onshore. These agreements can have long term and potential far reaching unforeseen consequences that need to be mitigated and compensated. A cable in the wrong place, with wide rights, may sterilise any alternative future alternative land use. If you think you may be affected – contact your local D&R Agent.

Vast increase in renewable developers requiring grid connection: We have been making clients aware that this is a commercial negotiation, not a standard energy company wayleave and they should seek to negotiate. Speak to your agent if you think your land may unlock a potential site.

Active and pipeline infrastructure market – will you be affected by long term and often unforeseen consequences?

HS2 in Scotland – Annandale, Dumfries and Galloway, has been earmarked for HS2 sidings (it is currently on hold until a decision from the government is pending). Electrification of Borders Railway Line will demand higher use of electricity from the grid and is just another example of how electricity is driving infrastructure.

D&R has continually been involved with one of England’s largest water pipeline schemes, which carved its way across the Cumbrian landscape. Whilst the project began in 2014, we are still dealing with issues that are affecting farmers and landowners today. Another imminent project in the north of England is the Haweswater Aqueduct Resilience Programme which will replace 109km of ageing pipeline through to Manchester. This aqueduct provides water to 2.5+ million households and the cost of refurbishment has already soared to £1.8 billion. There are also highway upgrades including the A66 dualling project.

In most cases your D&R Agents costs are likely to be met by the project. If you are unsure or need a confidential discussion, call Ian Austin (Scotland) on 0131 449 1151 or Chris Edmunds (Northern England) on 01900 268 633.

 

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