Knowing what to do when you hear your land may be affected by electricity infrastructure works is not something farmers and landowners tackle every day, but these are issues faced by Sarah Bennett, Associate at Davidson & Robertson, who says there are five key considerations that will make the process easier.
Planning approval has recently been granted for the controversial KTR – Kendoon to Tongland Reinforcement Project in Dumfries and Galloway, which will see SPEN (Scottish Power Energy Networks) replace the existing 80-year-old pylon line. The new route will take the line through the Galloway Forest Park and requires approximately 120 larger pylons to be constructed, many of which are located on ground previously unaffected by pylons. It was met with many objections which led to a Public Inquiry. The Reporter of the Inquiry recommended refusal of the project, but Scottish Ministers overruled this recommendation, granting approval due to its importance in providing more capacity on the grid and allowing new renewable energy developments to connect to the grid, in the drive to achieve Net Zero.
“This is just one example of how important electrical connectivity has become, and we can expect more of the same” suggests Sarah Bennett. Based in Castle Douglas, and with years of experience working on infrastructure projects, Sarah is already supporting many farmers and landowners affected by this project. She works alongside Senior Land Agent, Ian McKnight and Graduate Surveyor, Jodie Caig, where the team is also focusing on various other infrastructure projects across the region, including Scottish Water and Network Rail.
Commenting on the levels of work in D&G, Sarah said “We are experiencing an increased volume of work relating to the electricity network across the country, due to the need for more grid connections. Our negotiations on the KTR project began quite some time ago, and it has been a frustrating wait with much uncertainty for our clients. Construction dates have not yet been set and further negotiations on access provisions and compensation still need to be carried out”.
For anyone potentially impacted by infrastructure projects, they will receive notification, but timelines and consultation deadlines change, so those potentially affected need to understand five key considerations.
Sarah said “The best opportunity for landowners and agricultural tenants to negotiate better terms is at the outset of the project, before signing any paperwork. Projects are often long and protracted, so it is important to consider wider impacts and any potential unforeseen consequences that may impede existing, and future alternative uses of the property. If you are potentially affected, the top five things to consider are:
- Appoint or contact your Land Agent as soon as you know your land will be impacted by the works. The earlier a Land Agent is engaged to represent you; the more scope they have to achieve the best outcome for your business. You are likely to have your reasonable professional advice costs covered by the electricity company, which means you can receive professional advice from the earliest stage and throughout the development process to ensure that you are fairly represented and fully compensated.
- Do not sign anything until you have taken advice – it could result in you missing compensation. You are entitled to professional advice as part of this process, and it’s crucial to take this up before signing any consents or agreements. Our experience and expert industry knowledge enable us to negotiate on our clients’ behalf to ensure they are being compensated fully in all areas.
- Mitigate losses – you are responsible for ensuring that all losses, disturbances, and costs incurred as a result of the works are mitigated as far as possible, where reasonable to do so. With this in mind, it is vital that you understand how the proposed works will impact you and your land, and you need to mitigate the impact as much as possible.
- Know your rights – a good Land Agent will advise you fully on what your rights and options are and will be able to explain exactly what is expected of you, so the earlier you engage their services the better. Not everyone knows the extend of what can be claimed, a Land Agent can clarify that for you. As a general rule, claims fall under four headings which are: loss of land use, disturbance, reinstatement, and client time. In some cases, injurious affection may also be claimable.
- Record your time – your time is valuable, so keep a detailed diary of the time you spend talking with statutory undertakers, with your Land Agent, and in accommodating the works so that this can be considered for compensation. This is an area often overlooked by farmers but is a very valid claim.”
Whilst the electricity companies do have statutory powers allowing them to construct new transmission lines, there is often much that can be negotiated, certainly on compensation packages and mitigation measures. They also have the right to take access to their existing infrastructure for maintenance purposes, but again there is much to be agreed in advance of permitting entry unless it is an emergency.
Once the works are completed, SPEN are duty bound to reinstate the land back to its previous state, to the landowner’s/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 farmers are not worse off as a result of the works.
D&R has a specialist utilities, energy and infrastructure team with decades of experience and is well versed with work on the KTR transmission link. The Company has been supporting clients by providing advice on access agreements, wayleaves and servitudes, mitigation of impacts and compensation claims for well over a century.
Anyone who is likely to be affected should contact their agent at the earliest stages or call Sarah Bennett on 01556 502 270 or email SB@drrural.co.uk.
