Jane Kenny, head of rural consultancy for Savills in the East of England and Tom Morrison, a rural valuation surveyor for Savills Cirencester, discuss why a trusting relationship between landowners and infrastructure developers pays dividends for all parties.
Whether the onshoring of cables from windfarms off the Norfolk coast, the Sizewell C nuclear power station in Suffolk, East West Rail or The White Horse Reservoir (formally SESRO) – the East of England and Thames Valley have several infrastructure projects either under way or at the consultation or planning stage.
Successful schemes depend on more than engineering; they rely on trust and respect – bringing together a host of stakeholders, landowners, developers, local authorities, community groups, and many more.
In practice this means clear communication, early engagement, and a willingness to work together to minimise disruption and protect livelihoods, while simultaneously facilitating the effective delivery of the infrastructure project in question.
There are several steps that both landowners and developers can take to achieve a mutually agreeable outcome:
Developer: identify and contact landowners early
Identify all affected landowners as soon as a project is in planning and proactively contact those stakeholders at the earliest opportunity. When engaging, be transparent about the scale and scope of the project. Just as importantly, communicate those points clearly and simply. Let landowners know why their land is needed and how it will be affected.
Landowner: understand your rights and obligations
Legislation will differ depending on the type of infrastructure proposed. Utilities often have statutory powers that allow them to install and maintain apparatus on private land. However, landowners are afforded rights too.
For example, they are entitled to claim compensation for any new installation or for losses caused by maintenance activities. Fair notice before works commence should also be given.
Infrastructure providers will often cover the reasonable costs of professional advice for landowners affected by infrastructure. Use this to bring in a qualified land agent. While it’s important to understand the regulations personally, a specialist can help navigate details, negotiate terms and ensure a fair deal.
All: talk and listen
Taking a proactive approach allows a landowner to influence decision-making at the formative stage. Meet the developer on site to review the proposed plans and use this opportunity to point out any sensitive features, such as drainage systems, heritage sites and valuable crop areas. Suggest practical alternatives to minimise impact.
Developers should listen closely. Landowners could very well be sharing insights that improve scheme design.
All: mitigate impact
Work together to minimise disruption. This might include agreeing on accommodation works, for example, the developer providing alternative access routes for farm vehicles if a path is blocked, installing gates, moving fences, or temporarily relocating livestock watering points.
Discuss critical periods and how to minimise impact at these particularly sensitive times, such as not digging just before harvest, and co-ordinating so that construction traffic avoids lambing season or critical planting times.
Not all disruption and damage will be avoidable. Developers should be upfront about this potential disruption and engage in conversations around compensation for crop loss, land disturbance and devaluation. This should follow the guiding principle that the landowner be made ‘no worse off’ because of the project.
Landowner or manager: document everything
Landowners or their managers should document the entire process. Before work starts, allow the developer to conduct a thorough survey of the land’s condition. Throughout the work, continue to keep a diary of all project-related activities: meetings, phone calls, time spent, and any losses including harvest records, crop contracts, input invoices and any extra costs.
These records will support any compensation claims made at a later date. Developers expect to pay these costs as part of doing business, but it is still a negotiation and will need to be evidenced. Those negotiations usually reach a settlement, but landowners have legal avenues if needed.
As the scale of infrastructure projects across the East of England and Thames Valley gathers pace, the art of negotiation between parties will continue to play a prominent role. By communicating and engaging, landowners and developers can achieve better outcomes on both sides.
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