Farmers and landowners in the Central Belt and South West Scotland will be affected by a major electricity transmission upgrade project on the 400kV Scotland to England interconnector (ZV route).
SP Energy Networks (SPEN) needs to refurbish and modernise their energy infrastructure and usually have the rights to do so in place, but many of those who will be affected may be unsure of their rights or what to do when the first official letter drops through the door, says Davidson & Robertson.
Davidson & Robertson (D&R) has been advising clients affected by infrastructure projects across Scotland for many years, and the team is already in touch with local farmers and landowners on the ZV route.
D& R Senior Land Agent Kerry Clark said “Upgrading the ZV route will provide a more resilient power supply, but it also comes at a cost to farmers and landowners, and for those affected, it is important to understand what to do first.
“Experience tells us that farmers and landowners do not always know where to start. In the first instance, if you are likely to be impacted, you will receive a formal letter. We always advise that the best opportunity to negotiate better terms and influence points such as access routes, timings etc. on these matters is at the outset.
Local D&R Land Agent Vicky Haddow and Surveyor Jodie Caig, have been in contact with many of those on the route and said “We know some that will be affected to a greater extent than others, but from our initial discussions, not everyone understood the possible level of disturbance or the timeline in which they could be affected. Others were certainly apprehensive about what would happen and when.”
Commenting on the timeline for projects and claims, the duo said “Projects and claims are often more protracted than first anticipated, so it is very important that clients know at the very beginning that their reasonable professional fees are likely to be reimbursed by the infrastructure company, in this case SPEN, as part of their compensation. It is crucial to take this up before signing any consents or agreements. It means you can receive professional advice from the earliest stage and throughout the process to ensure that you are fairly represented and fully compensated.
“Your agent should be able to provide early feedback to SPEN, and advise on access agreements, wayleaves and servitudes, mitigation of impacts and compensation claims. We also consider longer term, wider impacts and potential unforeseen consequences that may impede your existing, or future business operations.”
For those who have, or are likely to receive notifications, there are five core pieces of advice:
Appoint or contact your Land Agent as soon as you know your land will be impacted. The earlier an agent is engaged, the more scope they have to achieve the best outcome for your business.
Do not sign anything until you have taken advice as this could result in you missing out on compensation.
Mitigate losses – You are responsible for ensuring all losses, disturbances, and costs incurred as a result of the works are mitigated as much as possible. So, it is key that you understand how the proposed works will impact you and your land.
Know your rights – a good agent will advise you on your rights and options, explaining what is expected of you. They will also clarify how, claims usually come under loss of land use, disturbance, reinstatement, and client time.
Record your time – this is an area often overlooked by farmers, your hours are valuable so keep a detailed diary of time you spend talking with statutory undertakers, your Land Agent, and in accommodating the works to make sure you are fully compensated.
Whilst the electricity companies do have statutory powers allowing them to work on transmission lines, much can be negotiated, certainly on compensation packages and mitigation measures. They also have the right to take access to existing infrastructure for maintenance purposes, but again there is much to be agreed in advance of permitting entry.
Once the works are completed, the utility company is duty bound to reinstate the land back to its’ previous state, to the landowner/tenant’s reasonable satisfaction. Depending on the works, 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.
NFU Scotland members can call the free D&R helpline on 0131 609 9717 for guidance on next steps.
The D&R team has extensive experience representing landowners and farmers. For more information relating to infrastructure work in the Central Belt/South West Scotland, including the ZV route, call the Edinburgh office on 0131 449 6212 or the Castle Douglas office on 01556 502270 or email utilities@drrural.co.uk
