Access and Rights L1 (Powers of NR/Utility companies)

Question 1

Describe difficulties of obtaining rights on third party land (negs with landowner)

Answer 1

• Unpredictable, can be very slow
• Often protracted.
• Sometimes refuse to engage or cannot find landowner

Question 2

Disadvantages of using CPO as a utility company

Answer 2

• Utility companies can bring about a CPO under enabling statue
• Long process and costly
• No guarantee the CPO will be confirmed
• Via Acquisition of Land Act 1981

Question 3

Name the statutory powers of water companies

Answer 3

Water Industry Act 1991

Question 4

Describe powers of Water Industry Act 1991

Answer 4

Powers to lay water main or sewer in private land
Carry out future works of inspections, / maintenance / right of entry for surveys
Acquire land interests and rights via acquisition of Land Act 1981

Question 5

Describe powers under the Water Industry Act 1991

Answer 5

s155 of 1991 Act allows water companies to undertake compulsory acquisition of land for the purpose of carrying out functions – authorise the acquisition of interests in and rights over land

s159 of 1991 Act gives notice of intention to carry out works (laying of pipes) and conveys statutory easement to protect works post construction. Laying of Pipes - usually on Notice of Entry served under s159 on owner and occupier – three months for new works, 42 days for repair on existing infrastructure

Entry for works purposes - s168 - Undertaker can enter any premises for the purposes of carrying out surveys or tests fir the purpose of determining whether it is appropriate and practicable for the undertaker to exercise relevant works power.
S168 sets out conditions when serving notice of entry relating to survey works or installing/monitoring of equipment. 7 days or 24hrs if public health at risk/emergency. Prefer to approach landowners for consent prior to issuing notices.

Question 6

Describe Compensation of rights acquired under The Water Industry Act 1991 to landowners

Answer 6

• As per compensation code / section 5 of LCA 1961
• If not freehold, basis is the depreciation of the value of the land – recognition payment
• Paid to landowner, not occupier as assumes VP
• Payments sometimes made per structure e.g. per manhole
• Agricultural Land, St Johns College Oxford v Thames Water 1990 - 50% value of the area of the statutory wayleave

Question 7

Head of Claim for water companies

Answer 7

• Disturbance – crop losses, physical damage, reinstatement costs
• Surveyors fees
• Interest payable from date of entry

Question 8

Name law relating to statutory powers for gas companies

Answer 8

Gas Act 1986 (1995)

Question 9

Describe main powers under Gas Act 1986

Answer 9

Schedule 3 – acquisition of land and rights over land for laying of gas pipes and land for pressure reducing stations / gas pumping stations
Enter into Deed of Agreement for rights required – letter of undertaking informs landowner of project and asks for consent to enter into deed of Grant. Consent payment made
Procedure for authorisation outlined in Paragraph 1, Schedule 3 of Gas Act 1986 and Acquisition of Land Act 1981 and CPA 1965.
Gas supplier can serve a 14 day notice to treat to enter for purpose of surveying or doing work – paragraph 10 of Schedule 3

Question 10

Heads of claim for gas companies

Answer 10

payment for rights, crop loss and severence

Question 11

Name powers for entry used by railway companies (Network Rail)

Answer 11

British Rail Act 1981 s71
Railway Regulation Act 1982, s14
Transport and Works Act 1992, s53

Question 12

Describe powers under British Railway Act 1981

Answer 12

British Railway Act 1981, s71

• Powers to carry out surveys, soil tests on land and leaving / removing of apparatus, without having to obtain consent from landowner (prior to using powers, NR would try to negotiate via license)
• For the purpose of determining its suitability for the construction works
• 28 days notice
• Compensation – loss or damages only
• Right for landowner to appeal through court

Question 13

Describe powers under Railway Regulation Act 1842

Answer 13

Railway Regulation Act 1842, s14

• Powers to enter land adjacent to railway for repairs / slips to ensure public safety. Enabling access and to work upon and for temporary acquisition of private land adjoining railway that is required to undertake the works to safeguard the railway
• SoS consent required via DfT
• 48 hrs notice in emergency cases, 28 days days minimum otherwise. Reactive or Proactive Entry
• Compensation – damages

Question 14

Describe powers under Transport and Works Act 1992, s53

Answer 14

Transport and Works Act Orders (Under Transport and Works Act 1992)

• made under TWA 1992 providing NR statutory powers to carry out works which are defined in the Order.
• NR does not have general powers to acquire third party land if new powers to construct railway works are required. TWAO can include compulsory purchase of land

TWAO provides (scope for developments is wide – station carparks / new bridges)

• powers to construct and operate railways
• compulsory acquisition rights or land for works and compulsory acquisition of land required temporarily or permanently (environmental mitigation / worksites) – public must benefit from proposals and outweigh the interference with private rights
• deemed planning permission for authorising works
• closures of roads / diversions

Question 15

Name act that helps electricity companies gain third party access

Answer 15

Electricity Act 1989 -
 Right to enter land to replace, repair or alter lines or plant.
 Right to compulsorily purchase land.
 Right to obtain a necessary wayleave.

Question 16

Describe uses of Electricity Act 1989

Answer 16

Paragraph 8, Schedule 4

• Landowner serves notice for apparatus to be removed – Landowners right to terminate a wayleave and request removal of existing lines
• Apply for wayleave or CPO
• a 2 stage process – electricity company can apply for necessary wayleave hearing and SoS determines need. Then removed / refused
• Can apply to SoS for a CPO

Paragraph 6, Schedule 4
Acquisition of wayleave for new electricity lines
- 21 day notice period.
- Landowner fails to give wayleave or landowner objections.
- Application made to SoS for necessary wayleave hearing
- SoS determines need for wayleave

Question 17

Describe contents of notice served under s168 of Water Industry Act / Schedule 6

Answer 17

Notice itself contains Address and name of landowner, Location of the works, description of the works (ie visual survey/borehole), plan identifying working area and proposed access route, date of notice and notice period.
Notice served alongside covering letter and Code of Practice (Southern Water Specific)

Question 18

Describe details of Code of Practise by Southern Water

Answer 18

• Compensation – permanent loss in value to land due to presence of pipe or will have temporary losses or disturbance caused due to the works, entitlement to compensation. Compensation only payable if directly incurred due to works (cannot be too remote)
• Agents Fees – Surveyors fees paid if reasonable after the claim has been settled
• Reinstatement – reinstate land to condition prior to works, if not possible will be paid via compensation payment
• 90% advanced payments for loss within 3 months of receipt of quantified claim

Question 19

Describe s15 of Railway Regulation Act 1842

Answer 19

Provides powers where necessary for public safety for NR to permanently acquire additional land for permanent works.

Question 20

When are DCOs required in railway developments

Answer 20

• for NSIPs, if railway scheme includes contruction of 2km+ of continuous track, NR must apply for DCO

Section 53 of Planning Act 2008
- rights to enter land to undertake surveys in connection with a DCO application. Authorisation in writing is required SoS before rights to enter can be exercised (usually takes 3 months)

Question 21

Describe powers under s172 of Housing and Planning Act 2016

Answer 21

Section 172 of Housing and Planning Act 2016

• General powers applying to acquiring authorities – new rights for AA to enter and survey land in connection with a proposal to acquire an interest or right over the land.
• Compensation - damages
• 14 days notice – notice includes warrant and statement of recipients right for compensation and include details of surveying
• no requirement to seek authorisation from SoS