Martin Hall, Senior Director at Davidson & Robertson, says, “It’s important for all farmers to know their rights when infrastructure issues affect or cross their land.”
Davidson & Robertson (D&R) has over 25 years of experience supporting farmers facing infrastructure issues, helping fully explain the process, rights and obligations, and the potential impact on farmers’ businesses.
Governments’ accelerated investment in clean energy means there is greater momentum in wind (offshore and onshore) and solar energy generation. Offshore wind projects can take over a decade to go live, but onshore wind is quicker to set up – and so are solar projects, where technological advances are making these projects more feasible in Scotland. Everything is however constrained by the availability of Grid connections.
The focus of infrastructure work is therefore very much turning to delivery, and we have seen a surge in enquiries right across Scotland. Large-scale infrastructure projects are planned, especially in the north and east of Scotland, where they are grabbing headlines as they move through the consultation stage.
Our D&R team is led by Ian Austin, Director and Head of Utilities, Energy and Infrastructure. To encourage good practice for accessing land, the Central Association of Agricultural Valuers (CAAV) asked Ian to lead discussions with SSE on an infrastructure access protocol. He was chosen because of his vast experience in the infrastructure sector and because of the respect he commands within the industry – we are lucky to have him heading our infrastructure team.
Alongside the large projects are critical, no less important projects, focused on the maintenance, refurbishment and upgrading of existing transmission pylons and distribution pole lines. These will affect many more farmers, requiring surveys of the concrete foundations, painting of pylon towers, reinforcement of apparatus, replacement of spacers, insulation, and some wiring work. The impact on land managers varies from farm to farm, and disruption ranges from a single day to an extended period and new roads being installed.
Whatever the project size, the key message remains the same – take professional advice from agents with significant experience, and do not sign anything until you are fully aware of your rights and options. In most cases, your reasonable professional costs are likely to be reimbursed either by the utility company or the developer.
Where do you start if infrastructure projects may affect your land?
The early stages of a project are often the best opportunity to negotiate favourable terms and reduce disruption. Farmers should engage as soon as they become aware that works may affect their land. Requesting plans, drawings and proposed access routes allows you to assess how operations, grazing, crops and future development opportunities may be affected.
Experienced land agents can review agreements, assess compensation provisions and identify issues that may otherwise be overlooked. Establishing a detailed ‘Schedule of Accommodation Works’ at the outset can also make future claims easier and help minimise losses during construction.
From previous experience, there are four important steps farmers should take when facing infrastructure issues:
Appoint or contact your Agent as soon as you know your land will be impacted. Getting involved at the outset can make a huge difference, and it is worth knowing that reasonable professional advice costs are likely to be reimbursed by the electricity company.
Do not sign anything until you have taken advice – you could miss out on compensation or give away more rights than required. Experienced agents with expert industry knowledge can negotiate on your behalf to ensure you are fairly represented and fully compensated throughout the project.
Minimise losses – You must ensure all losses, disturbances, and costs incurred are mitigated as far as possible, so it is vital that you understand how the works will impact you and your land.
Know your rights – compensation claims vary between projects but commonly include loss of land use, such as grazing or crops; disturbance to fieldwork and access; temporary fencing and operational disruption; reinstatement costs, including reseeding and repairs; and potentially, your time spent dealing with the project.
Your time is often overlooked, so keep a detailed diary of the time you spend on the project, talking to statutory undertakers, your Agent, and in accommodating the work – this can all be considered in compensation claims.
Brian Walker, of Carloonan Farm, is one such tenant farmer we supported. Brian said: “I’m sure there are a lot of people in my situation who are experiencing this for the first time and would feel quite intimidated. Without prior experience or knowledge of the law through an expert land agent, you can be left with long-term costs and losses to your business”.
To keep on top of constantly changing laws, you need people like D&R who know the legislation inside and out. In my opinion, D&R are leading the way for farmers.”
Ancillary rights – what do you need to know?
You may not have wind turbines, solar panels, energy storage or substations on your land, but land rights may be required from you to facilitate connections to the grid, access for delivery of components, or even agreements regarding noise levels.
These rights potentially have value attached to them. If affected, you should instruct your specialist Agent to act on your behalf and note that, as with the main projects, developers usually pay your reasonable agent’s fees.
Core ancillary rights include rights for Oversail and Overrun (Pinch Points) and relate to strips of land that are essential for access to a project. They have far greater value to the project than the negligible land value of the strip itself, and as turbine blades are getting longer, the ‘Oversail’ footprint increases. Oversail relates to the airspace which you own above your land. Developers need permission for turbine components to ‘Oversail’ your land. Similarly, Overrun relates to vehicle access and manoeuvring space on your property. Your agent can advise you on the value of these rights and potential pitfalls.
Not all infrastructure work relates to renewable energy. Water, gas, and rail infrastructure projects in Scotland continue, with most of the works across these utilities currently focused on repairs, upgrades and new connections rather than major new projects. There are however a number of new road projects.
D&R has supported clients affected by a Scottish Water pipeline going through their land with different levels of impact from disruption to drainage to compensation for lost production and remedial works.
John Pollock, of Malletsheugh Farm, was affected by a pipeline. John said:
“My advice to anyone dealing with utilities companies is not to go it alone; D&R were invaluable for us. After a previous mistake handling pylons myself, I brought D&R in immediately this time, and they provided excellent support. I can’t rate D&R highly enough; without them, we would have been taken advantage of, and their hard work has made a significant difference for us.”
The key message to anyone who may be affected by infrastructure issues is clear – seek professional advice at the earliest opportunity to fully understand your rights before agreeing to any works. From experience, we know that many farmers who may be faced with infrastructure projects have not yet taken the opportunity to seek professional advice about their rights and entitlements.
Anyone concerned about infrastructure projects and looking for an initial conversation, can contact the Edinburgh Office team on 0131 449 6212.
