Access And Rights Over Land Level 2

Question 1

How have you negotiated with occupiers or companies regarding routes,
accommodation works, temporary works, reinstatement and
compensation?

Question 2

How have you agreed heads of terms and final documentation?

Answer 2

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Question 3

How have you advised on a framework for acquiring sites or access for the provision of power, water, pipelines or other third party or
communications infrastructure?

Question 4

What methodology and valuation approach have you advised using?
How have you advised on the appropriate routing for lines, cables and other third party infrastructure?

Question 5

How have you undertaken associated environmental assessment /
inspection?

Question 6

How have you evaluated and negotiated payments for use or acquisition?

Question 7

How do you identify landowners?

Question 8

Explain how you have agreed a claim

Question 9

How have you negotiated and agreed terms of an easement agreement?

Question 10

What did you include in the heads of terms?

Question 11

Tonbridge Cottage Hospital :Explain your role in relation to this project.

Question 12

Tonbridge Cottage Hospital: Explain the land owner’s hesitancy.

Question 13

TCH : How do you assess the site’s development potential?

Answer 13

I reviewed the local plan, Land designations as well as the planning portal, for existing applications. I saw the land was designated green belt and a section was just into the Weald ANOB. it was not allocated as an area for residential development in the local plan. Whilst this doesn’t preclude large residential development in the future it makes it less likely

Question 14

TCH : Tell me about your lift and shift clause here.

Answer 14

The landowner was initially unwilling to grant the easement unless the lift and shift provision was included, requiring any associated costs to be borne by my client. After considering other options, we determined they were not feasible. the exiting route involved coming under the A21- they couldn’t drill due to an old land fill site so they would have had to shut the A21 for a prolonged period of time.

I advised my client on several occasions about the lift and shift option, as it became clear that the landowner would not agree to the easement without it. The only other alternatives were an electric buyout, which was prohibitively expensive, or a CPO, which my client was unwilling to pursue. The inclusion and risk of a Lift and shift was still more cost-effective to my client than a gas buy out.

The proposed route involved directional drilling under a newly laid tarmac track, which served as the main entrance to the farm and existing buildings. Given the significance of this access point, I explained to my client that its use for future development was unlikely. Additionally, the green belt designation and absence of any development plans in the local plan made imminent development even less probable. Therefore, I advised that a time-limited lift and shift at our expense was the most viable solution to expedite agreement.

Question 15

Shatterling Compound area Licence: Explain the need for this compound.

Answer 15

The Compound was required to house plant materials and welfare facilities as there was not enough space within the Pressure reduce site for these purposes and the works.

Question 16

Shatterling : How do you identify the appropriate location.

Answer 16

I conducted Desk based research to identify three suitable areas of land taking into account contractors requirements, proximity to site, access, predicted land use etc , I identified the landowners for each using land registry. I decided that the most suitable location was the field directly adjacent to the PRS site and had direct access via an existing gateway from the road. following an initial site visit I confirmed The field was pasture land where as the other options were used for arable cropping which may have lead to a higher compensation claim.