Anyone else been served s 172 and 174 of the housing and planning act 2016 in situations when no compulsory purchase is being suggested.

[Doing it for the kids]

This example is now in the public domain so easier for me to talk about it.

A government body has served many local with the above relating to the need to complete wildlife surveys in a few weeks time. We are alll seeking clarity on where we stand.

From what I can learn this act is used when projects of national importance need to progress and they thus have the right to bully their way on to land in connection with the project. I suspect HS2 saw this new act a lot. This is normally linked to pre commencement tests / bore holes / surveys with the ultimate aim to compulsory purchase the land.

The body is supposed to use this as a last resort after traditional friendly methods of communication have failed.

In this example, this is the first contact from them, straight in with the boxing gloves! Also, as they don’t appear, at the moment, interested in CC the land I have been advised that they can’t use this section of law. The project is also not of national importance.

Has anyone else come across this before and had any luck deferring it? It was sent from Lawyers in London who I will ring tomorrow. Based on their style so far, it would not surprise me if they are in the wrong but just trying to throw their weight around in the hope the locals will back down.

I didn’t have plans to pick a fight with such people this week but from what I am hearing so far it may be a simple response.

Any other feedback welcome!

 

[topground]

No help but the lawyers need to know to heed the warning.

 

[L P]

This example is now in the public domain so easier for me to talk about it.

A government body has served many local with the above relating to the need to complete wildlife surveys in a few weeks time. We are alll seeking clarity on where we stand.

From what I can learn this act is used when projects of national importance need to progress and they thus have the right to bully their way on to land in connection with the project. I suspect HS2 saw this new act a lot. This is normally linked to pre commencement tests / bore holes / surveys with the ultimate aim to compulsory purchase the land.

The body is supposed to use this as a last resort after traditional friendly methods of communication have failed.

In this example, this is the first contact from them, straight in with the boxing gloves! Also, as they don’t appear, at the moment, interested in CC the land I have been advised that they can’t use this section of law. The project is also not of national importance.

Has anyone else come across this before and had any luck deferring it? It was sent from Lawyers in London who I will ring tomorrow. Based on their style so far, it would not surprise me if they are in the wrong but just trying to throw their weight around in the hope the locals will back down.

I didn’t have plans to pick a fight with such people this week but from what I am hearing so far it may be a simple response.

Any other feedback welcome!

Tell them how keen you are not to disturb all the protected species you've identified and preserved on your land?

 

[RushesToo]

@George from SJM Planning Is this one you can help with?

 

[landslave the 2nd]

Ask fbook group called
"PlanningGeek.com Community "
Some very knowledgeable people.

 

[George from SJM Planning]

@George from SJM Planning Is this one you can help with?

A bit beyond me I'm afraid. I can recommend a Planning Barrister who may be able to help if you drop me a PM.

 

[nick...]

I got one against me for refusing access for pylons surveys.I find they just turn and do as they please anyway.I’m not allowed to approach these surveyors but plenty of locals are happy to go tell em to pee off.had another 5 a4 envolpes Saturday about next phase of surveys and what they are going to do to me.also says they will do as they please anyway as its for the National good and I can’t stop em but they would rather I signed to allow em which I’m reluctantly doing.there is a bit of money being offered or bribed which I’m taking as I’m in a no win situation
nick…

 

[holwellcourtfarm]

Contact a good land agent.....

 

[nick...]

Contact a good land agent.....

They can do very little.apart from knowing the law.I had a meeting with firm doing national grid work few weeks ago.I’ll call them fishergerman.they were telling me what NG were intending to do.after hearing about a 700m haul road being put in I asked what’s happening to the type 1 granit on completion.I was told I could keep it and they would pile it up for me.I reckon around 5500 tons.I asked what about environmental agency regs.they said they override these.also asked what’s happening to soil under pylon bases.think there is 60 cube of concrete going under each leg so for 3 pylons that’s 720 cube or around 1500 tons.they said it would go to land fill but after I said it was my soil they said they would build banks and plant trees etc.I asked again about planning and EA but again they override these people.if these huge company’s want to do something it will happen regardless.may be a bit of flexibility but that’s it.
nick…

 

[holwellcourtfarm]

They can do very little.apart from knowing the law.I had a meeting with firm doing national grid work few weeks ago.I’ll call them fishergerman.they were telling me what NG were intending to do.after hearing about a 700m haul road being put in I asked what’s happening to the type 1 granit on completion.I was told I could keep it and they would pile it up for me.I reckon around 5500 tons.I asked what about environmental agency regs.they said they override these.also asked what’s happening to soil under pylon bases.think there is 60 cube of concrete going under each leg so for 3 pylons that’s 720 cube or around 1500 tons.they said it would go to land fill but after I said it was my soil they said they would build banks and plant trees etc.I asked again about planning and EA but again they override these people.if these huge company’s want to do something it will happen regardless.may be a bit of flexibility but that’s it.
nick…

That's the critical bit.

They can often get extras like you mention as well and it does show the company that you aren't a pushover.

IMHO the law needs tightening on this. They should be penalised for going straight to serving notice.

 

[nick...]

That's the critical bit.

They can often get extras like you mention as well and it does show the company that you aren't a pushover.

IMHO the law needs tightening on this. They should be penalised for going straight to serving notice.

They know I’m not a pushover
im mr angry from bunwell
nick…

 

[Doing it for the kids]

So a bit of feedback for fellow TFF’ers of the future.

The above can be used by government bodies to over ride the humble farmers complaints and efforts to stop them.

CC does not even need to be on the cards. If they want to survey your land they just do it.

It doesn’t even have to be of national importance to chuck these notices about.

In this example it’s just a wildlife survey 30m from their boundary, could be worse.

 

[teslacoils]

Yes, iirc section 172 can only be used by an "acquiring authority" ie someone with the potential power to CP. This would be LA, or DCO / NSIP promotor. And you are right, it should be something used only after negotiations have stopped progressing. For those who take pleasure in being unhelpful, you can wait for the poor folk doing the survey to turn up and request a copy of their authorization. Preferably when they have already trudged over plenty of mud and out out of phone signal range (Housing and Planning Act 2016 s172 (3a))

Presumably the expensive London legals told you on whos behalf they were acting.

 

[Doing it for the kids]

Homes England. They have their own lawyers in London. Nice enough guy but sounded like he was due to retire 10 years ago!

 

[nick...]

Had load more of this since Saturday.5 large envelopes at weekend,2 delivered by hand yesterday and another 5 today.I’ve agreed to their terms as I can’t do sod all but will get a bit of money.don’t sit well with me though.one envelope today addressed to my dad who been dead 18 years.87 year old mother absolutely distraught and sits crying.tried complaining but no one is bothered
nick…

 

[holwellcourtfarm]

Had load more of this since Saturday.5 large envelopes at weekend,2 delivered by hand yesterday and another 5 today.I’ve agreed to their terms as I can’t do sod all but will get a bit of money.don’t sit well with me though.one envelope today addressed to my dad who been dead 18 years.87 year old mother absolutely distraught and sits crying.tried complaining but no one is bothered
nick…

Raise it with your MP.

They are fairly powerless but they can often bluff their way to a decent apology from public bodies...

 

[z.man]

Just make sure that whatever they are doing, you and any future landowner will have absolutely no liabilities for anything installed ,buried stored or anything else that’s changed on your land…..ever!! and get it signed and a copy saved with your lawyer

 

[Doing it for the kids]

Just make sure that whatever they are doing, you and any future landowner will have absolutely no liabilities for anything installed ,buried stored or anything else that’s changed on your land…..ever!! and get it signed and a copy saved with your lawyer

It’s a wildlife survey.

It’s cute that you think they will sign something! Their policy is last minute.com and go straight for the jugular. I’ll do well to get a copy of the report off them I think.

 

[Doing it for the kids]

Had load more of this since Saturday.5 large envelopes at weekend,2 delivered by hand yesterday and another 5 today.I’ve agreed to their terms as I can’t do sod all but will get a bit of money.don’t sit well with me though.one envelope today addressed to my dad who been dead 18 years.87 year old mother absolutely distraught and sits crying.tried complaining but no one is bothered
nick…

Similar. It’s all pulled off land registry. We still get post for deceased relatives

 

[wanton dwarf]

They can do very little.apart from knowing the law.I had a meeting with firm doing national grid work few weeks ago.I’ll call them fishergerman.they were telling me what NG were intending to do.after hearing about a 700m haul road being put in I asked what’s happening to the type 1 granit on completion.I was told I could keep it and they would pile it up for me.I reckon around 5500 tons.I asked what about environmental agency regs.they said they override these.also asked what’s happening to soil under pylon bases.think there is 60 cube of concrete going under each leg so for 3 pylons that’s 720 cube or around 1500 tons.they said it would go to land fill but after I said it was my soil they said they would build banks and plant trees etc.I asked again about planning and EA but again they override these people.if these huge company’s want to do something it will happen regardless.may be a bit of flexibility but that’s it.
nick…

No chance of a transformer being put in the local area ? Something you could try & get a battery park on ? Wouldn't hurt to ask FG ?

If it's pylons & you do get a transformer you'll have a good asset for other companies to use/rent IF that's what you want ?