East Anglia GREEN Pylons – Update August 2022

Landowners affected by the scheme will likely be aware that surveys are being undertaken of land within the “Graduated Swathe” - this all being to confirm the route that National Grid believe is the most appropriate and in respect of which it will formally consult in Spring 2023.

Ellie Shemming and Michael Harman attended a “drop-in” session with National Grid and Fisher German on 16th August 2022. This informal chat was welcomed; Holmes & Hills Solicitors thank representatives of National Grid and Fisher German for their time and attention.

We raised a number of concerns on behalf of our clients – responses to some of which are outlined below.

• It appears that the volume and detail of responses to the Summer 2022 consultation may lead to a degree of “slippage” in the scheme; with the statutory public consultation likely to open a month or two later than originally timetabled.

• In the interim surveys are taking place with affected landowners being notified directly (or via their agents) with limited/modest compensation available for entering onto their land.

• Where and when surveys are taking place is dependent largely on when landowners etc respond to requests; however, focus is being given to sensitive habitat and landscape areas. In respect of the former, there is a need to undertake surveys and assessments during periods of bird migration but also prior to hibernation etc. The message being if there are protected or priority species on a landowner’s land (or it is suspected that there may be) then this should be “flagged” with National Grid/Fisher German asap.

• In the main, surveys will be completed prior to the opening of the statutory consultation. However, where routes are likely to deviate materially from previously indicated there may be some non-evasive surveys during, but also after, the period of statutory consultation. The inference from this is that there may well be some significant variations to the scheme/Graduated Swathe – indeed representations made on behalf of our clients included concerns over important habitat and/or heritage assets being overlooked/missing from survey data and the Graduated Swathe being wrong/fallible in turn - it’s a case of “watch this space” however.

• National Grid are aware of the number of landowners currently within the Graduated Swathe; they estimate however that once the route is “pinned down” in advance of statutory consultation the number of landowners directly impacted by the scheme will drop in the order of 75-80%. Holmes & Hills’ comment here being that this is a significant scheme and so the impact will remain large and, we suggest, there is value in obtaining specialist professional advice (i.e. legal and/or surveyor) at an early stage if the scheme will, or may, prejudice your proprietary interest(s).

• National Grid recognise the potential for legal challenge to the scheme. Regardless, when the application for a Development Consent Order is made the scheme will be subjected to full and proper scrutiny in any event.

We asked National Grid a few questions that they indicated that they would answer but could not answer then and there. Once we have those responses we will provide a further update to those on our mailing list but more widely on our webpage in any event.

In the interim, if you are impacted by the scheme and require formal representation, or wish to obtain legal advice in respect of the scheme and its impact upon you, the team here at Holmes & Hills Solicitors would be delighted to assist. The team can be contacted below for specific queries or for those who also wish to be added to our mailing list.