Spring is traditionally the time of year when utility firms and infrastructure contractors come knocking to farmers and land managers, requesting (or demanding) access to land and property for the completion of essential infrastructure works.  This being said, the utility and infrastructure industry appear to be experiencing unprecedented levels of work involved in expanding, renewing or upgrading systems, and therefore operations are increasingly being pushed into year-round schedules.

Vast parts of the countryside are intersected by a wide range of utilities from water, sewerage and gas pipelines to electricity pylons, poles and wires and recent key factors have led to a huge drive-in improvement. The current Water Authority news headlines, regarding sewerage management and water quality, are resulting in pressures being placed on Water Authority organisations, and we are seeing a huge number of projects to upgrade and expand the sewerage networks, with upgrades to Waste Water Treatment Works, piping capacity and routes used. 

The Government’s drive to decarbonise the UK economy and achieve net zero by 2050, is also resulting in one of the biggest electricity infrastructure upgrades the sector has experienced, with the level of upgrades over the next 5 years expected to be more than the last 30 years. Around the country, there are numerous projects involving the laying of electricity cables allowing for the transmission of power from Offshore Wind, with schemes proposed for the Irish and North Sea.

All such cables and pipelines need to travel somewhere and naturally, the easiest route is usually through agricultural and land property.

Each scheme, farm and land affected is different, however it is imperative that landowners and occupiers understand both the legal situation (governed by numerous Acts, including the Water Industry Act, Gas Act, Electricity Act, etc.) and the practical considerations. Schemes may involve compulsory purchase sales, licence and tenancy agreements, new easements and wayleaves, whilst factors such as timings of the work, access to site, services locations, the installation of compounds or welfare areas, fencing, drainage, the removal of excess spoil and the final site re-instatement, all need to be considered.   

Inevitably, any access requirement is going to cause some level of disturbance, from physical damage to land, loss of crops, inconvenience of moving stock and cost of rehousing, your time spent dealing with the scheme or any subsequent reinstatement required once the works are complete, the list goes on.

In terms of compensation, there are generally various issues to address. For most agricultural occupiers, compensation will include payments for loss of income, including crop losses and there will be an element of reinstatement to complete once the works have finished; these can include additional cultivation works to remove compaction or ruts, and later reseeding.  A claim can also include inconvenience and disturbance payments.  Occupiers will be amazed at the additional time taken up by such schemes, therefore it is recommended that parties maintain a record of time spent in correspondence with utility companies.  This time can include extra time spent moving livestock or completing harvesting operations. Additional matters affected may include BPS payments, stewardship schemes, fencing repairs, drainage etc.

Finally, where utility firms permanently take land or create a new easement, a capital payment may be due.  This payment is calculated based on the diminution in value of the property and it is imperative to understand such implications created by different apparatus.

Regarding fees, utility companies will cover all landowner expenses including the appointment of an agent and other professionals to act on their behalf.  Gaining professional advice ensures all matters are considered from the outset and you get the best advice and full compensation is paid.

In any event and whatever the scheme, the main aspect is to start discussions regarding the utility early, to mitigate the implications on both land and businesses as much as possible.

If you require any assistance with utility or infrastructure schemes, please do not hesitate to contact the team.