Maximising Legal Rights to Secure Financial Contributions
Having reviewed the relevant legal rights, BTS identified the opportunity to reduce the development costs for the diversion of an overhead 33kV line that was crossing a 346 acre residential development site, securing a significant new easement payment from the District Network Operator.
Background
- 346 acre greenfield development site
- Outline planning permission for 2,500 residential units and a secondary and primary school
Challenges
- 2 km of HV overhead electricity lines constraining the site.
- Flood risk
- Third party landowner involvement
- Terminal tower locations
- Loss of developable land
- Increased costs
Solution
- Notices served and negotiations commenced
- Assessment of Loss Report issued
- BTS argued that if apparatus remained in situ, planning permission and deliverability of the scheme would be at risk
- Other issues regarding provision of school identified: delay in development programme, cost of resubmitting planning application.
Result
- Undergrounding cost of £1m to be paid by electricity provider.
- Schedule of works agreed in line with developer’s build programme and masterplan
- Easement agreed in return for £1 for apparatus crossing the site limiting its impact on the built development.