House builder wants to put drains through my field

[Secret Agronomist]

Had a similar request, but a 23 home development.
Get a land agent involved, the key issue being ‘uplift’, which is the value of the drain to the builder and a figure in the ‘000’s per home because otherwise he’s probably unable to proceed.

Were they doubling the size of Swinton?

 

[Old apprentice]

Poor approval by planners . There should be plans in approval for surface water and roof water do some research find out what is approved or not before you think you are going to do anything else.

 

[br jones]

The lift and shift easements I have seen have obliged the landowner to meet costs of relocation so the problem you refer to does not arise. As with all things who pays is open to negotiation though.
In any event the NIMBY factor would ensure the neighbours object.

80 grand per house ,your in the pound seat ,does the developers have any other way out ?

 

[Bongodog]

Hah...now spoken to the Council surveyor. The developer's planning application was originally approved by a local authority in another part of the country! (apparently this is not unknown). My council were not impressed by the proposals. There were many conditions required by my council, not least full details of drainage proposals. None of the conditions have yet been submitted, and some other issues on site have already brought confrontation between the developer and building inspectors. I will sit back and play a waiting game.

Are you getting confused between planning permisison and building control ? Planning permission is always the responsibility of the local council, developers do not however have to use the local council for building control these days and few do. Most use private companies.
In regard to drainage nearly every planning application I saw when on our Parish Council had few if any details on drainage at the application stage, they were dealt with later under reserved matters

 

[ISCO]

80 grand per house ,your in the pound seat ,does the developers have any other way out ?

Well yes, granting the easement is certainly worth some money. Job for a good agent.

 

[ollie989898]

80 grand per house ,your in the pound seat ,does the developers have any other way out ?

Yes, developer could buy the entire field for a 'generous' sum per acre.

 

[Courier]

Unless he's very lucky, he's likely to find BT poles aren't high enough to carry electric.

Quite different pole standard I would have thought

 

[Courier]

Hah...now spoken to the Council surveyor. The developer's planning application was originally approved by a local authority in another part of the country! (apparently this is not unknown). My council were not impressed by the proposals. There were many conditions required by my council, not least full details of drainage proposals. None of the conditions have yet been submitted, and some other issues on site have already brought confrontation between the developer and building inspectors. I will sit back and play a waiting game.

You have them up their ar*e on a stick

A bit like a lottery win but without the £2 up front …

25% of the completed selling price and a further % every time a house gets flipped….?

 

[Werzle]

Quite different pole standard I would have thought

Time will tell

 

[onthehoof]

Assume none of you are on drainage boards as without the board's permission it can't happen

 

[steveR]

Assume none of you are on drainage boards as without the board's permission it can't happen
View attachment 1093240

Hence my comment in #4 ...... Many of the IDB's have some serious legal clout!

 

[kiwi pom]

I thought farmers were crafty until i had a few dealings with builder/developer types, its no wonder homeowners have problems with sinkage and drainage. If a developer/builder needs your land for drainage or electric supply sting them for tens of thousands and have clauses put into agreements that should you get planning in the future the drains and electric will be moved at their cost. You need to think 50 years ahead before agreeing "favours" that earn them hundreds of thousands and might cost you the same one day.

It seems in this case the developer is a farmer.
I'm not sure whether that makes them more or less crafty?

 

[Wings on my sleeve]

Thank you all so much. Many valuable comments and much food for thought for me. I do think he is trying it on. The pipe(s) would actually be perforated and put in by proper agric drainage contractor. The developer is a local farmer who I have known for decades. Always found him friendly, but this sort of thing is changing my views. Think I'll make a call to my LA tomorrow.

I would suggest the " local developer farmer " is a devious barsteward not to be trusted at any price , tread CAREFULLY,

 

[AJ123]

The lift and shift easements I have seen have obliged the landowner to meet costs of relocation so the problem you refer to does not arise. As with all things who pays is open to negotiation though.
In any event the NIMBY factor would ensure the neighbours object.
[/QUOTE

I can only think you would do that if keeping the dominant land but selling the servient land. We are talking about a landowner of the servient land granting an easement who would put the onus on the houses rather than themselves (unless either paid more than it would cost to move [potentially more than once] or very poorly advised)

 

[ISCO]

The ones I have seen the servient landowner had assumed responsibility for moving the drains. Reasoning is that dominant landowner has paid handsomely to have the easement and at the point of needing to move them the servient owner had the funds from development to do so. Servient owner is also better placed to incorporate drains into new drainage system for the development.
Who pays is always up for.negotiation.

 

[bravheart]

It used to be the 3 s + 10% when a developer was doing his sums.
30% = sight
30% = structure
30% = services
And the 10% for any extras that may occur.
Given that I would think one of the houses he builds for the privilege of crossing your land would be quite in order.