Catherine Hibbert, solicitor at Holmes & Hills, explores the legal issues that can arise where overhead electricity lines, poles and other electricity infrastructure are situated on private land, including necessary wayleave applications, landowners' rights and tree lopping orders under the Electricity Act 1989.
Landowners with electricity equipment including overhead lines, supporting poles, stay wires and transformers situated on their property may find themselves in conflict with National Grid Electricity Transmission plc and relevant electricity distribution companies (together the ‘licence holders’) from time to time. Particularly where the licence holders want to come onto private property to undertake maintenance work (including tree work around their equipment) or where a landowner wants to get any such equipment removed from his property.
Whilst there may be a wayleave agreement or easement in place which documents agreed and accepted arrangements between the licence holder and landowners/occupiers in this regard, in some instances the position maybe undocumented. Particularly where property has changed hands over the years. In such case the licence holders are forced to fall back on a range of compulsory powers set out in the Electricity Act 1989.
As well as having the power to acquire land or rights compulsorily for the installation of new electricity infrastructure or the retention of existing equipment, a licence holder may apply for a necessary wayleave. This provides the legal right to install or retain an electric line on private land, for example where a previous wayleave agreement has expired or no agreement is currently in place.
Such necessary wayleaves are not registered against title but will be enforceable against the current landowner and successors in title/occupiers during the period the wayleave is in force (usually fifteen years).
There is a detailed statutory process which governs how such requests are determined; landowners typically have the right to insist on a hearing in person, if they wish , otherwise the matter will be dealt with by written representations.
Landowners/occupiers may request the removal of such electrical equipment from their property which may in itself trigger a necessary wayleave application where the licence holder does not agree to such a request and is unable to agree other terms with the landowner through negotiation.
There is an opportunity through both the written representations procedure and the public inquiry route to challenge the need for such orders and/or to seek the incorporation of appropriate safeguards for landowners and occupiers into any resulting order which may be confirmed following such process.
A similar process exists where the licence holder wants to undertake tree lopping works on private land to maintain safety standards and clearances and has served a notice on the owner and occupier, to which the owner/occupier objects. In such case the Secretary of State may be asked to consider making an order for tree felling or lopping of trees and shrubs.
If you are an owner or occupier of property over which electricity equipment is situated and you have been served with notice of an application for a necessary wayleave and or a tree lopping order please do not hesitate to contact our specialist planning law solicitors for advice and guidance as to your next steps.
Call us on 01206 593933 today to speak with one of our Planning Law team. Or complete the form below.
Disclaimer
The content of this article is provided for general information only. It does not constitute legal or other professional advice. The information given in this article is correct at the date of publication.
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