The drive towards Net-Zero energy requires swathes of electrical infrastructure upgrades across the country to form a network that will support the increased demand for electricity.
Historically, energy was generated from a few large power stations, in the future most of this energy will be generated in rural locations. The nature of the electrical lines means many farmers and landowners will be impacted by these works, with significant consequences for their land and businesses.
As the NFU Scotland affinity partner for utilities and infrastructure projects, we have been supporting farmers in engaging with and claiming against the statutory undertakers, and most importantly, guiding them on how to best protect their businesses from the impact of the electrical upgrade works.
If notified that your land may be impacted by a , your next steps are crucial.
Get involved at the outset of the project – especially if a letter arrives outlining a proposed project.
Appoint or get in touch with your Land Agent as soon as possible. It will give you more scope to achieve the best outcome for your business.
Do not sign anything until you have taken advice. Our experience and expert industry knowledge enable us to negotiate on our client’s behalf to ensure they are being compensated fully in all areas.
Professional costs covered – reasonable professional advice costs are likely to be covered by the utility company. You should be fairly represented and compensated throughout the project.
Wider impacts and consequences – Projects are often long and protracted, so consider issues that may hinder future alternative uses of the property.
Mitigate losses – It is crucial that you understand how the proposed works will impact you and your land, and you must mitigate as far as possible, for all losses, disturbances, and costs incurred as a result of the work.
Know your rights – Not everyone knows what can be claimed, a good Land Agent will advise fully on what your rights and options are. As a general rule, claims fall under five key areas: loss of land use, disturbance, reinstatement, client time, and in some cases,
Record your time – often overlooked, but it is important. Keep a detailed diary of the time you spend talking with statutory undertakers, your Land Agent and in accommodating the works to support a compensation claim for your time.
Remember, once works are completed, the electricity company is duty-bound to reinstate the land back to its’ previous state, to the landowner/tenant’s reasonable satisfaction. It can sometimes take several years for land to get back to full production and, up until that point, compensation can be claimed to ensure that farmers are not left any worse off as a result of the works.
D&R has decades of experience in acting for landowners and occupiers with a specialist utilities, energy and infrastructure team well-versed in providing advice on access agreements, wayleaves and servitudes, mitigation of impacts and compensation claims.
For more information on infrastructure projects affecting your land, contact Alasdair Allan, Senior Associate on 0131 449 6212.
