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RICS APC > Access and Rights > Flashcards

Access and Rights Flashcards

1
Q

What is an easement?

A

A permanent right over a piece of land that does not belong to you
Registerable at land registry

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2
Q

What is a wayleave?

A

Agreement between two parties
Personal to both company and landowner
Is not compulsorily registrable

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3
Q

What is the process of applying for a DCO?

A
  1. Granted under the planning act 2008 for Nationally Significant Infrastructure Projects (NSIPs)
  2. Pre-application Stage - front ended process, applicant must scope and refine before submission. Must consult with Statutory Consultees, Local Authorities, Affected Landowners, Communities. Once submitted it cannot be changed and so need to have a through consultation process.
  3. Acceptance stage - Must decide whether all relevant information has been received within 28 days. If refused you have 6 weeks to challenge, If accepted all documentation will go on the planning inspectorate website.
  4. Pre-examination Stage - Must advertise that it has been accepted and encourage people to get involved in the examination. An examining authority is appointed and they hold a preliminary hearing to discuss and set timetable.
  5. Examination Stage - starts day after preliminary hearing. Must be completed within 6 months, hearings held and written representations are considered.
  6. Recommendation and Decision Stage - 3 months to make your recommendation and submit to relevant secretary of state. They have 3 months to grant consent.
  7. Post Decision Stage - applicants and interested parties must legally challenge within 6 weeks.
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4
Q

For your oil pipeline, who was the relevant secretary of state?

A

Department for Business Energy and Industrial Strategy.

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5
Q

What section of the planning act allows compulsory purchase?

A

S.122 of the Planning Act 2008 - allows compulsory purchase of land which is required for the scheme or facilitation of it

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6
Q

What act enables the compulsory purchase of rights?

A

Schedule 3 of the Acquisition of Land Act 1981

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7
Q

What extent does the Planning Act grant rights?

A

You have to specify the “order limits” in per-application stage, if there is land outside of the order limits that you need access over etc then it must be done via agreement and you do not have powers.

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8
Q

What is a section 158 notice under the Water Industry Act?

A

lay pipes under streets, erect street notices detailing location of pipe.

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9
Q

What is a section 159 notice under the Water Industry Act?

A

Power to lay, keep inspect etc pipes.

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10
Q

What are the timescales associated with a S.159 notice?

A
  1. usually 3 months for new pipes
  2. 42 days for alteration to an existing pipe
  3. 21 days if a requisition
  4. Shorter periods if it is an emergency
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11
Q

What is a S.168 notice? What are the timescales?

A

allows access for intrusive surveys - usually 7 days

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12
Q

What is a S.169 notice? what are the timescales?

A

allows access for non-intrusive surveys such as newts, bats, water collection. 7days notice.

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13
Q

What is a requisition?

A

an individual can formally request the water company to use their powers on their behalf.

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14
Q

What is a S.101a scheme?

A

First time rural sewerage scheme. It is designed to only provide effective drainage where the current drainage is unsatisfactory. It is to resolve existing environmental problems caused by existing properties’ private drainage arrangements, not new builds

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15
Q

What is the protected strip for a pipe of less than 300mm diameter?

A

5 meters

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16
Q

What is the protected strip for a pipe of between 300-1000mm diameter?

A

8 meters

17
Q

What is the protected strip for pipes over 1000 mm?

A

according to need.

18
Q

What does the protected strip do?

A

Limited activities such as building and planting.

19
Q

How must water work be carried out on private land?

A

In accordance with an OFWAT approved code of practise.

20
Q

What is OFWAT?

A

Water Services Regulation Authority

21
Q

What schedule of the Electricity Act 1989 would you need to use to obtain a necessary wayleave?

A

Schedule 4

22
Q

What schedule of the Electricity Act 1989 would you need to use to obtain a permanent easement?

A

Schedule 3

23
Q

If you obtain a necessary wayleave or a permanent easement, what might you then have to do?

A

obtain s.37 consent from the secretary of state

24
Q

What are the issues for electricity companies relating to annual wayleaves?

A
  1. between parties so if someone sells then it not longer applies
  2. landowners have the right to issue a “notice to quite” which allows the agreement to be terminated on 6-12 months notice
  3. Following this they can serve a “Notice to remove”
  4. The electrcity company would then need to apply for a necessary wayleave within 3 months.
  5. the secretary of state will enquire whether the parties are genuinely negotiating or whether a hearing is necessary
25
Q

How do you usually decide agents fees relating to water work?

A

Rydes scale plus 25%

26
Q

What is the difference between a license and a lease?

A
  1. Lease provides an occupier with an estate in land, a license just makes it lawful for them to use the land.
  2. Lease can be assigned, license cannot
  3. Lease cannot be revoked until expiry, break, license can be terminated usually at any time.
27
Q

What are the four requirements of a lease?

A
  1. Exclusive occupation
  2. Payment of rent
  3. Duration of a specified period
  4. If more than 3 years, must be in writing signed and registered as a deed.
28
Q

When is a license not a license?

A
  1. If exclusive posession is granted over a defined area for over 6 months it is likely to be a lease.
  2. Street v Mountford sets out differences.
29
Q

When was R22 refrigerant banned?

A

2004 - Banned for new systems
2015 - Banned to replace in existing systems

30
Q

What discount rates did you apply for your High Wycombe Rent review?

A

subjective and discussed these at length with my supervisor and other members of the lease advisory team
GIA to NIA - 15% uplift on GIA rent to reflect areas which would usually be NIA
Fragmentation - £1.50 off industrial rates
Date, location, quantum - 50%

31
Q

What are the usual quarter days?

A

25th March
24th June
29th Sept
25th Dec

32
Q

What are the usual assumptions and disregards for rent reviews?

A

Assumptions:
Vacant possession
Willing landlord and tenant
Fit and available for immediate occupation and use

Disregards:
Occupation
Goodwill
Improvements if LL consent obtained

33
Q

What is included in a rent review memorandum?

A

Address
Parties
Date of tenancy agreement
Review Date
New Rent
Signed by authorised members of both parties (director or someone with delegated power of authority)

34
Q

What was the Old use class for retail? What is the new one?

A

Was Class A1

Now since Sept 2020 it is E

35
Q

What was the old use class for offices? What is it now?

A

Was Class B1a

Now since Sept 2020 it is E

36
Q

What are the two uses that have stayed the same?

A

B2 Industrial and B8 Storage and Distribution

RICS APC (13 decks)

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