Access and Rights Over Land Flashcards

1
Q

What are the Lv 2 and Lv 3 examples for this Competency?

A

2 Sheffield Woods - Wayleave for PMT
2 Water

3 Dancing Green 2 - Ex Gratia Payment
3 YG - Non intrusive licences for soil resistivity
3 Oakwood - Temp Wayleaves

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2
Q

How did you gain an understanding of the basic process for serving notices under the Electricity Act 1989, New Roads and Street Works Act 1991, and Highways Act 1980?

A
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3
Q

Can you explain how reading legal documents and legislation improved your knowledge of different types of access agreements, such as wayleaves and easements?

A
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4
Q

How do the Water Industry Act 1991, Pipeline Act 1962, and Gas Act 1986 apply to access rights, and how have you used this knowledge in your role?

A
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5
Q

What steps did you take to understand the legislation and practical implications of serving notices to gain access to private land for utilities?

A
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6
Q

How do the differences between easements and wayleaves influence your approach to advising clients on land access agreements?

A
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7
Q

In your Sheffield Woods example, how did you address the landowner’s concerns while drafting and negotiating the wayleave agreement for the pole-mounted transformer?

A
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8
Q

How would you determine that a Deed of Easement was more suitable than a wayleave for a project? What factors did you consider when advising on the cost and operational security?

A
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9
Q

How did you balance UKPN’s operational objectives with the landowner’s preferences during negotiations at Sheffield Woods?

A
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10
Q

How do you ensure compliance with legal requirements and client objectives when securing access rights, as seen in your experience with wayleaves, easements, and leases?

A
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11
Q

Can you explain how you mitigate risks to client relationships while negotiating access rights, as demonstrated in the Sheffield Woods project?

A
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12
Q

In what ways did you ensure that agreements you drafted were legally robust and aligned with the client’s long-term goals, particularly with an Easement?

A
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13
Q

How do you handle disputes over visual impacts of access infrastructure? Reflect on your approach in the Sheffield Woods project.

A
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14
Q

(3) For the National Grid 4VF project, how did you ensure that the client complied with Natural England’s requirements for accessing the SSSI? What specific advice did you provide on the process and timelines?

A
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15
Q

(3) In the Dancing Green 2 project, how did you handle the negotiations for permanent rights, and what strategy did you use to secure the ex-gratia payment agreement?

A
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16
Q

What Notice is required to install or keep installed above ground electricity line under the Electricity Act 1989?

A

6 week notice - Section 37 notice (Form B)

17
Q

What could happen to UKPN if they do not obtain Natural England Assent for works in a SSSI?

A

They could face unlimited fines.

18
Q
A
19
Q

What happens if a landowner does not respond to a UKPN request to Repair, Alter or Improve existing Overhead lines?

A

I wold advise UKPN to serve a Schedule 6 Paragraph 9 notice under the electricity act 1989

20
Q

Name some types of Easement you are aware of

A

Termed and permanent easement

21
Q

Name some types of Wayleave you are aware of

A
  • Temporary
  • Annual
  • Termed
  • Necessary
22
Q

Which notice would you serve to gain access to land for surveys on an Electricity project and which act is this notice under?

A

Either:
Schedule 4 of the Electricty Act 1989 (this process is longer)
or
Section 172 notice under the Housing and Planning Act (2016)

23
Q

What legislation covers Water schemes and what are the 2 main sections of this legislation ?

A

Water Industry Act 1991

Section 168

Section 159

24
Q

What sections of the Water Industries Act 1991 covers access and rights over land?

A
  1. Section 168 - Rights of Entry
  2. Section 171 - Entry for Survey or Works

Also:
(Section 174 - Compensation)

Schedule 6 - Powers to lay pipes (in streets or private land) includes Compulsory purchase

25
Q

What sections of the Gas Act 1986 covers access and rights over land?

A

Schedule 3 - Powers for laying pipes and rights over land (Including Access)

Section 10 - Acquisition of rights over land

Section 23 - Access for Inspections

26
Q

What are the notice requirements for entering land for Water projects ?

A

7 Days written notice