UK Legislation gives utility companies a range of statutory powers allowing them access and rights over land. These powers are used to varying degrees and are all subject to meeting certain conditions and serving the necessary notices. However, a great deal of access arrangements can be dealt with by agreement between the utility company and the landowner, therefore avoiding the statutory position the utility companies hold and often benefiting both parties. It is crucial however that you do not agree with something that might prejudice your position later.
In most cases the legislation that allows a utility company to take entry onto land also provides the requirement for them to pay compensation to the landowner and sometimes the occupier for any losses sustained due to the works. It is important therefore to ensure you have an experienced and qualified professional team such as Thomson Broadbent making sure the settlement received is maximized and as part of the compensation, utility companies are obliged to contribute towards our fees.
We offer the following services for Rights over Land and Compensation:
- Negotiation of accommodation works and mitigation of scheme impact
- Route negotiation
- Negotiation of compound areas and opportunities for betterment
- Ongoing scheme management
- Negotiation of compensation
- Negotiation of 3rd party rights and Heads of Terms for Options and Easements
Existing Utility Apparatus can have huge impacts on the design and outcome of all developments whether it be a residential extension or newbuild commercial hub. It can also limit the disposal value of both completed sites and those with planning permission. It is common practice therefore for landowners and developers alike to approach the utility companies requesting a quote for removal or re-routing of the apparatus which is then attributed to the costs of the sites.
Thomson Broadbent instead understands the statutory procedures allowing the apparatus to be in situ in the first place and can help developers and landowners utilise the surrounding legislation to negotiate a reduced rate (sometimes nil) for the required works, maximising the site value. Alternatively, if the equipment is to remain in situ, we can negotiate a compensation payment for the loss of development value.
We offer the following Development Utility Services:
- Free site appraisal and opportunity report
- Negotiation of removal/re-routing of apparatus
- Negotiation of compensation as a result of loss of Development Value
- Negotiation of Easement clauses
- Site works consultancy
We are always aware when it comes to development works, that a decision on how to manage the utility apparatus can fall to the wayside as it is not the primary objective. That is why we endeavour to manage the process in the fullest with very little input from the client. We also work alongside the development timetable to ensure a smooth and professional service at all stages.