The Norwich to Tilbury project, previously known as East Anglia GREEN, has now entered its phase of formal consultation under the Planning Act 2008. The deadline for formal representations is 18 June 2024 (11:59pm – i.e. before midnight).
The specialist Team at Holmes & Hills LLP continue to act for a number of property owners and interested persons.
However, we have received a number of common questions/queries. To assist our clients, and anyone else affected by this scheme, we have published some answers below. We hope that our FAQs are useful and, if you need bespoke advice, then please contact us using the form at the bottom of this page or do call the office if you prefer.
It is understood that much of this scheme is proposed to be delivered through the creation of new rights (easements) over land rather than involving the acquisition of any land itself.
Until a formal application for the scheme is submitted (expected in 2025) a number of details remain unconfirmed; namely the specific land required to deliver the scheme, whether that land is required temporarily or permanently, or whether it is land over which new rights (i.e. easements) are to be created. These details will inform an individual’s entitlement to compensation.
Furthermore, any modifications to standard compulsory purchase legislation which may be confirmed as part of the development consent order process, which we have seen incorporated before in other schemes, will need to be reviewed carefully, when available.
Call us on 01206 593933 today to speak with one of our specialist compulsory purchase team. Or complete our form.
No, you can make your own comments which National Grid have a legal obligation to consider; subject to an understanding that National Grid may at this stage (pre-confirmation of the scheme) disregard any representation which concerns the appropriate level of compensation payable or whether only part of land should be compulsorily acquired, even if the scheme requires only part.
Details of how to make representations are on National Grid’s page: https://www.nationalgrid.com/electricity-transmission/network-and-infrastructure/infrastructure-projects/norwich-to-tilbury/public-consultation-and-programme
However, you may feel that your case will be better presented using a specialist professional, typically a solicitor or planning agent. If you are objecting to the scheme then you may wish to make representations solely or jointly with one or more neighbours, or a Local Interest/Action group such as Pylons East Anglia.
Typically, such costs need to be borne by the objector. There are limited circumstances in which the reasonable costs of an objection can be recovered from the promoter – namely, where compulsory purchase powers are not confirmed, or your land is excluded from the confirmed scheme Order Limits (in whole or part).
We can assist clients in seeking reimbursement of any costs incurred in a successful objection.
National Grid have statutory powers of entry and can in the last resort obtain a Court warrant authorising the use of force (subject to it being reasonably necessary to do so) to enter land for the purposes of surveying or valuing land.
However, National Grid strive to agree terms of access and will pay compensation as well as a contribution towards professional costs in agreeing terms of access.
No.
The scheme is at consultation stage and statutory blight has not (yet) arisen. As such, a statutory blight claim, which if successful would require National Grid to buy property ahead of confirmation of the scheme, cannot at this time be pursued – despite other qualifying criteria for statutory blight being met. The situation will change once a formal application for a Development Consent Order is made which includes seeking authorisation to compulsorily acquire land.
Where National Grid require property for the scheme - “online land” - they may entertain discussions now as to the terms of land acquisition/creation of new rights.
Where property is not required for the scheme - “offline land” - then prospects of either forcing a sale to National Grid/recovering any compensation are limited. Unlike other Statutory Undertakers, National Grid do not have a published “discretionary purchase” procedure; the position can be contrasted with National Highways for example.
However, in circumstances of extreme hardship arising from the scheme, Holmes & Hills LLP consider there may be grounds to persuade National Grid to purchase a property by private treaty.
Holmes & Hills LLP offer a bespoke fixed fee initial review of your case and advise you as to your right to statutory compensation. The price is £399 + VAT.
Included within this fee is a review of your legal ownership and legal rights connected to your property, which is considered against the scheme proposals as currently known. We can then identify which statutory claims, if any, you may have and advise you how to your progress your matter.
Where this firm identifies, and is instructed to pursue, a qualifying statutory blight claim, we will seek to recover this cost from National Grid and reimburse you. If we assess that there may be a potential for a private-treaty agreement i.e. discretionary purchase, we will agree a fixed-fee for the making of such a request on your behalf.
No. A formal claim for compensation can only be pursued in earnest following confirmation of the pylon scheme.
Powers of compulsory purchase should only be used as a last resort and, should a formal application be made and proceed to Inquiry, National Grid will be expected to demonstrate that they have made meaningful attempts to negotiate with affected landowners.
Further, National Grid will strive to secure (by legal agreement) rights for all “online” property, whether rights or land is needed permanently or temporarily, prior to seeking to acquire land/rights compulsorily.
On that basis, there is merit is assessing your entitlement to, and likely heads of, compensation now – using our fixed fee bespoke review priced at £399 + VAT.
As and when a formal right to compensation is triggered then claimants will be expected to evidence their loss(es).
Thus, having an understanding of the scope of your claim and any potential items for which compensation can be claimed, will ensure that appropriate documents and evidence are sought and retained to support you in the recovery of your full statutory entitlement to compensation in due course.
Representations can be made about any visual/ecological etc impacts of the scheme. This could be because of the proposed route and/or the proposed specification i.e. size, design and frequency, of the scheme.
However, the law does not recognise a “right to a view”. There is no statutory entitlement to compensation for any (actual or anticipated) reduction in the enjoyment of your current vista in consequence of the construction of the pylon scheme.
In light of this, you may wish to focus energy on making representations as to the merits of the scheme and/or requesting mitigation measures to minimise the impact of the scheme.
Representations can be made solely or jointly with one or more neighbours or a Local Interest/Action group such as Pylons East Anglia. The current statutory consultation period is the opportune time to request mitigation measures or outline any objection to (or support for) the scheme.
Each case is fact-sensitive. However, the general principle of compensation is “equivalence” – namely a would-be claimant should be left neither better nor worse off financially as a result of their land being acquired. Further, a would-be claimant is expected to take reasonable steps to eliminate or reduce any loss(es) arising in consequence of the scheme.
For “online” properties, compensation should reflect the market value of any land taken (potentially with development potential or ‘hope value’); typically a statutory compensation payment and disturbance losses (i.e. those losses incurred in consequence of dispossession following compulsory purchase). The latter can be wide-ranging but does include professional costs (reasonably incurred) in concluding a claim. Holmes & Hills LLP strive in all cases to make our involvement cost neutral to “online” clients.
However, the proportion of “online” residential properties is likely to be relatively low for this scheme.
Our fixed fee review package can identify the heads of any claim(s), enabling you to focus upon likely value, and retaining appropriate evidence of the items for which compensation is to be claimed.
For “offline” properties there are some specific circumstances where compensation may be claimed. For example, an easement or right of access is extinguished/interfered with as a result of the pylon scheme. Specialist advice should be sought. The measure of compensation in such cases is linked to any consequent loss of value in the property.
If creation of new rights over land to allow for construction of pylons/oversailing of cables etc, causes a reduction in property value, then compensation to cover that depreciation in value is likely to be recoverable.
If there is a reduction in value caused by the use of the works once the scheme has been built, then compensation may be claimed in limited circumstances. It is Holmes & Hills’ assessment that the number of potential claims for this reason will be extremely limited.
In all cases, specialist advice should be sought to confirm qualification for, and scope of any such claim and, furthermore, to assess the appropriate value of any claim.
In the meantime, you can seek mitigation works to be undertaken to reduce the impact of the scheme upon your property. You may wish to request mitigation measures solely or jointly with one or more neighbours or a Local Interest/Action group such as Pylons East Anglia (Home - Pylons East Anglia).
The current statutory consultation period is the opportune time to request mitigation measures or outline any objection to (or support for) the scheme.
The possibility of requiring National Grid to buy your home pursuant to a statutory blight notice will not arise until after the DCO application has been submitted and, even then, there are other criteria which must be met.
National Grid do not have a published discretionary purchase scheme.
However, as statutory undertaker, National Grid are expected to act reasonably and in making any decision or undertaking any action, are expected to strike a fair balance between the public interest and the interference with the rights of a private individual, so not to cause disproportionate loss or damage.
As such, where there is extreme financial hardship and/or a pressing need to sell, Holmes & Hills LLP are of the opinion that a request to purchase the property (in whole or part) could be made subject to the caveat that National Grid would have a discretion as to whether to purchase the property by private agreement. Unless National Grid are made aware of hardship cases, they have no opportunity to respond.
The potential for, and perceived merits of, a “discretionary purchase” request can be reviewed as part of our £399 + VAT bespoke fixed fee package.
As with homeowners, compensation is to be calculated in accordance with the overriding principle of “equivalence” for those with a qualifying legal interest. Again, any business owner has a duty to mitigate loss.
For “online” properties, market value of any land to be acquired is to be paid; this would include statutory compensation and disturbance losses, to include the (reasonable) costs of relocation. Again, disturbance losses can potentially be wide-ranging and care should be taken to ensure that a valid claim is neither overlooked nor “undersold”.
In some cases compensation may be paid:
Market value will be assessed by reference to the lawful use of the premises, which may not necessarily align with its current use. The land/property may also have development potential itself, or unlock development of (or with) an adjoining site. So- market value may include elements of hope, ransom or marriage value. Holmes & Hills can, subject to the provisions of the Town and Country Planning Act 1990, assist in seeking a Certificate of Lawfulness to confirm as lawful, the current planning use(s) or otherwise apply to confirm development potential through the Certificate of Appropriate Alternative Development (CAAD) mechanism. In both cases, these Certificates may lead to material increase in market value of the land to be acquired.
An “online” property owner would have a statutory entitlement to compensation. The bespoke fixed fee review package at £399 + VAT can identify the heads of any claim(s), enabling you to focus upon value and retaining appropriate evidence of the items for which compensation is to be claimed.
Where new rights such as easements are to be created, the measure of damages is likely to be any reduction in property value as a result of the creation of that new right.
For “offline” properties there are some circumstances where compensation may be claimed, for example, where an easement or right of access is being interfered with. If execution of works, i.e. construction of a new pylon, causes a reduction in value (because a right in land is taken away or interfered with) then compensation may be claimed based on the reduction in value of the land. If there is a reduction in value caused by the use of the completed works, then compensation may be claimed in limited circumstances.
The overriding principle of “equivalence” for those with a qualifying legal interest prevails. Again, an agricultural owner has a duty to mitigate their losses.
For “online” properties, market value of any land to be acquired, is to be assessed by reference to the lawful use of the premises, which may not necessarily align with the current use of the property. the land/property may also have development potential itself or unlock development of (or with) an adjoining site.
So market value may include elements of hope, ransom or marriage value.
Holmes & Hills can, subject to the provisions of the Town and Country Planning Act 1990, assist in seeking a Certificate of Lawfulness, to confirm as lawful the current planning use(s), or otherwise apply to confirm development potential through the Certificate of Appropriate Alternative Development (CAAD) mechanism. In both cases, these Certificates may lead to a material increase in market value of the land to be acquired.
Disturbance losses can be wide-ranging but include payments in respect of crop-loss, securing and providing alternative grazing land, and also reinstatement of land to bring it back into productive agricultural use.
Where new rights, i.e. easements, are created over property to enable the scheme to proceed, the measure of compensation is likely to be linked to any diminution in value as a result of the creation of that new right.
An “online” property owner would have a statutory entitlement to compensation. Our fixed fee review package can identify the heads of any claim(s), enabling you to focus upon their likely value and retaining appropriate evidence of the items for which compensation is to be claimed. Furthermore, the bespoke fixed fee package at £399 + VAT will identify where a Certificate application may be required or appropriate.
Again, for “offline” properties there are some circumstances where there may be a statutory claim for compensation. For example, where an easement or right of access is being interfered with. If execution of works, i.e. construction of a new pylon, causes a reduction in value (because a legal right is taken away, or interfered with) then compensation may be claimed based on the reduction in value of the land. If there is a reduction in value caused by the use of the completed works then compensation may be claimed in prescribed circumstances – although we believe, at this stage, the potential for such a claim to be extremely limited.
National Grid has a standard-scale of compensation payments or a “tariff” structure.
However, there may be scope to negotiate or otherwise challenge this if it can be evidenced that these standard payments do not adequately compensate the affected landowner in the context of their statutory entitlement to compensation – i.e. does not provide a position of “equivalence”.
This is an issue that would be considered as part of our fixed fee package of £399 + VAT
Recent case law on this confirms that the answer is, in principle, “yes”.
However, it will be a commercial decision for you if you wish to oppose the scheme on the one hand whilst on the other hand, negotiating the compensation payable to you if the scheme proceeds to commencement. It is likely that final agreement of any terms will be contingent upon withdrawing any outstanding objection.
Our bespoke fixed fee review package will provide you with clear advice as to your statutory entitlement(s) to compensation, providing you with the assurance and confidence that your attention and energies will be directed in the most effective and productive way possible.
This may mean that:
Call us on 01206 593933 today to speak with one of our specialist compulsory purchase team. Or complete the form below.
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