9165 - BM Outlook 2022 R6 - Flipbook - Page 17
Payment is far from the
only issue
“More importantly, it is important to realise
that payment is only one part of a complex
series of negotiations that Batcheller
Monkhouse can carry out on behalf of
landowners faced with a request from
an acquiring authority.
CROW Act Changes
“We make sure that there are clear and
agreed guidelines around the timing of
any works, the methodology used, any
necessary accommodation works for the
landowner, compensation payments and
the many other issues that we know from
years of experience need to be made clear
from the outset. This can be a minefield
for the uninitiated and really is a job for
a professional adviser.”
DEFRA has confirmed that the 1 January 2026 deadline to
register historic rights of way on the Definitive Map will be
scrapped. The deadline was introduced by the Countryside
Rights of Way Act 2000 and, if implemented, would have
extinguished all routes not recorded on the definitive map
within the time limit.
In contrast with Esso’s negotiated
approach, National Highways tends to
prefer to obtain a DCO and then use the
CPO powers it gives them, and that is the
approach we expect it to take with the land
it needs for the A27 Arundel bypass.
The department announced: “As we have recognised
in our 25-year environment plan, public access is key to
connecting people with the environment to improve health
and wellbeing.
”The CPO powers limit the purchase
price to the market value of the land,
so landowners can’t hold the acquiring
authority to ransom, but there is still a
debate to be had over what is ‘market
value’ and over compensation for things
like disturbance,” Harry explained. “At the
moment we are negotiating access for the
surveys they need to carry out in support
of the DCO application.
“The Government has decided to take forward a
streamlined package of measures in order to help enhance
the way that rights of way are recorded and managed.”
“Going through a CPO process is never
easy, and using a professional agent will
reduce your stress levels and obtain a
better result all round.”
A professional adviser will also make
sure reinstatement is done correctly and
challenge the acquiring authority if it isn’t.
“We are currently arranging compensation
for a farmer whose land was needed for
a new water mains pipeline from Blindley
Heath to Outwood,” Harry explained. “The
work was done in very poor weather, and
the combination of heavy kit and swamplike ground badly compacted the soil.
14 | Outlook
“We are now arranging with the water
company to improve the drainage and
bring in a subsoiler between harvest and
planting later this year so that the soil can
be returned to its former condition. It’s all
part of the service we can offer in cases
like this, and again it highlights the fact
that compensation can sometimes be the
least important part of our work. Proper
remediation work, along with timing that
is convenient to the landowner and an
agreed methodology throughout the
process, is critical.”
Water companies have particularly strong
powers (“we all need fresh water to drink,”
Harry commented) and only need to give
three months’ notice before entering land
to carry out work. Rights vary between
authorities but are all underpinned
by common principles set out in the
Compulsory Purchase Act 1965 and
Acquisition of Land Act 1981.
Major legislation change
following ‘Sawkill’ case
The major change that has made
professional advice even more important
followed Highways England’s attempt to use
new powers contained in Section 172 of the
Housing and Planning Act 2016 rather than
relying on Section 53 of the Planning Act
2008, which requires written authorisation
from the Secretary of State and is a costly
process that can take a long time.
The landowner in the ‘Sawkill’ case
challenged Highways England’s decision
to use the new law for follow-up surveys
after it had used the old Section 53
legislation for the original visit in
connection with the dualling of the A303
near Stonehenge. His challenge, by way
of a judicial review in the High Court, failed,
“significantly strengthening acquiring
authorities’ powers of entry to undertake
surveys,” according to Harry.
Golden rules if contacted
by an acquiring authority
1. Do not agree anything without
professional advice
2. Make sure all agreements are
in writing
3. Have a record of the condition of
your land before allowing access
Batcheller Monkhouse has liaised
closely with other firms in the case of
the Rampion 2 extension to the Rampion
offshore windfarm, the output cable from
which is affecting a number of landowners
as it comes ashore and joins up with the
National Grid at Bolney substation.
“The company behind the scheme, RWE
Renewables UK, was negotiating licence
agreements with a number of individual
firms representing different landlords,
so we decided to work together and
negotiate better licence agreements for
our respective clients,” explained Harry.
“We believe that those terms are better
than any that individuals have managed
to negotiate for themselves.
“If you bear in mind that our costs are paid
by the acquiring authority, not the landowner,
then asking for professional help that will
inevitably be a benefit both financially and
in terms of being able to sleep better at
night can only be a good thing.”
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