Water Main Diversion to Release Development Land
BTS established the planning loss due to the presence of a 2.5km strategic water main across a 336 acre residential development site in Staffordshire. A legal review established that the line could be diverted, whilst a technical review identified a practical solution for facilitating the delivery of the works. BTS assisted with the new legal documentation, the successful technical diversion, and secured a financial contribution from the DNO by submitting an Assessment of Loss.
Background
- 336 acre site on agricultural land
- Planning permission for 2,500 homes, 1 million sq ft employment, retail space, care home, primary school and hotel
- 2.54 km strategic water main bisecting the site
Challenges
• Deliverability issues: loss of net developable land and scheme at risk due to water main’s
presence
• Impact on land values and completion of land sales.
• Technical issues regarding delivery of diversion due to other utilities.
• Third party landowner involvement
• Challenging topography
Solution
- Notice served on Deed of Grant and negotiations commenced
- Assessment of Loss Report issued
- BTS demonstrated that land was sterilised above the main and set out financial and practical impact of this on the development.
- Compensation payable if line is to remain.
Result
- Technical solution found to facilitate the diversion in spite of other utility constraints.
- Third party negotiations undertaken to agree separate deed of easement.
- BTS coordinated approach to deed of release for existing easement and provided support to legal team to complete deed of easement for new pipeline.
- Project management undertaken in terms of water company to ensure dialogue between parties was maintained and works were progressed.
- Significant cost savings made in relation to water main diversion.