Case Study Flashcards
Please explain your company’s conflict of interest process
Mandatory: check Business Central, email to local office(s)
Basic Plus: Connect, DMS, Terrier
Is it mandatory for RICS members to follow Professional Standards?
Yes, these are the documents which set requirements for competent and ethical practice e.g. our existing professional statements and guidance
You mentioned the pipeline was close to the office and that there may be a conflict. Was there a conflict and how was this managed?
A conflict check was made along the route. There was a conflict elsewhere along the pipeline, with a tenant farmer being a longstanding client of our rural team. I considered the conflict and concluded it was possible to proceed with the instruction with informed consent. I received written approval from my client to proceeding with informed consent and used information barriers and ensured I used private meeting rooms to discuss the project when in the office.
Why did you use voluntary agreements to undertake ecology and archaeology surveys?
Using notices could damage relations early on in the project. From initial meetings, I formed good landowner relations meaning access could be granted voluntarily.
What RICS documentation were you considering when carrying out site meetings/inspections?
RICS Surveying Safely, 2nd edition, November 2018 (effective from February 2019)
Did you wear any PPE?
During initial meetings, I wore a high visibility jacket. During follow up visits when construction was ongoing, I also wore a hard hat, high visibility trousers and steel toe capped boots
Please talk me through your lone working policy.
Split into in the office and out the office
Record all meetings in shared Outlook calendar including location, client name and contact details and expected duration. Use Whatsapp group chat to notify when leaving for site, arrival at site and expected duration, when leaving site and when returning to the office or home.
Escalation procedure - if someone at home is concerned about non-return they should:
Try to contact you on your mobile at least 4 times
If unable to contact within 90 minutes of expected arrival at home they contact CJ office contact
Last resort, particularly at night, contact police
What is an option agreement?
Option agreements are entered into between landowners and developers and essentially grant the developer an option to purchase the land by exercising the right at any time during an agreed ‘option period’ in return for an ‘option fee’. Option agreements are used where a developer is interested in purchasing the land for residential and/or commercial development and the developer would ordinarily use the option period to apply for and secure the necessary planning permissions required to proceed with their development. The right to exercise the option lies with the developer.
Please explain why cutting through an established hedgerow is a disadvantage?
Ecological impact, PR damage
How would you temporarily close the footpath?
The local highway authority can make orders under the Road Traffic Regulation Act 1984 to permanently or temporarily prohibit use of a public path. Temporary Traffic Regulation Orders can be made for footpaths for up to 6 months initially (18 months for highways), if more time is needed, the LA can apply to the SoS to extend the TTRO.
How would you temporarily divert the footpath?
Section 119 of the Highways Act 1980 allows the highway authority to make an order to divert a public right of way. The order must be advertised to the public and relevant organisations with a period of consultation of 28 days. If objection received, order must be abandoned or submitted to the SoS who will appoint an inspector to decide whether to confirm it.
What are the main differences between a wayleave and an easement?
A wayleave is an agreement between a landowner or occupier and a third party, permitting that third party to do something, e.g. access the land to carry out works for an agreed compensation amount. This could be as a one off, or a long-term agreement paid on an annual basis. Wayleaves are not permanent and are time limited. An easement is a right that someone holds over land owned by somebody else. These are attached to the land and are normally created by deed.
You agreed a rate psm pcm. What other ways might you have calculated it?
A flat monthly rate
You were unable to negotiate the rate prior to entry. What if you couldn’t come to agreement?
Entry was under notice and therefore compensation payable is set out under Schedule 12. My client is therefore not required to pay this enhanced rate and therefore I would have recommended to refuse an excessive rate.
What was included in your record of condition? Why did you undertake this? How does your client benefit from it?
The date and time of the inspection, the weather during and before the inspection, name of the client and the land in question.
Photographs and notes of the land, with a focus on any defects in the land, damage to fences etc. This was done to aid with reinstatement at the end of the project, as it clearly shows how the land was before works started. This protects my client from any excessive claims from the landowner.
