Natiinal Grid haven't been paying wayleave

[Grass And Grain]

Some differing opinions!

We've got the wayleave agreement from 1968 in our files. Fairly standard, giving the the ability to comevon to the land for maintenance. BUT, their part ofthe agreement is to pay us the wayleave, which they HAVE NOT been doing.

 

[milkloss]

Some differing opinions!

We've got the wayleave agreement from 1968 in our files. Fairly standard, giving the the ability to comevon to the land for maintenance. BUT, their part ofthe agreement is to pay us the wayleave, which they HAVE NOT been doing.

So you don't want them on your patch?

 

[Grass And Grain]

I charge £100/hr, including meeting preparation time. That took a bit as I had to educate the local guy on the finer points of health and safety. Any damage was reinstated by them to my satisfaction. Crop damage, charged at an agreed rate based on what I would have got for it.

Thanks.

 

[Grass And Grain]

So you don't want them on your patch?

Reasonably happy for them to come on. Just think they should pay for the privilege if they haven't been paying their agreed annual wayleave.

 

[Highland Mule]

Thanks.

No worries. I should point out that I’m qualified and competent to offer said advice, and my rate was the biggest stumbling block at the start. I believe the standard rate for landowner meetings was £25/hr, and only for time taken.

Wayleave isn’t payment for future damage though, more of an inconvenience payment for the day to day. Given it’s an oversail, I wouldn’t get caught up in that too much - keep the two separate and negotiate the damages locally with the project manager. The wayleave can wait until you’re happy with their work and this job is done, in my opinion.

 

[Grass And Grain]

No, your not being daft. You have something they need to use they pay, simples, do they give you free use of their electricity?

Local distribution network wanted £240,000 off us to connect a wind turbine. Expect they'd figured in a nice profit margin into that for themseleves. So I guess you're right, I'm a business, so why should I just be satisfied with crop loss - I'd like a profit as well.

 

[Dry Rot]

For years the water main through my farm would burst and cause a minor flood. (Old asbestos cement pipe laid during the war). Every time the 'heavy gang' would ask permission to come in and manually dig down to the burst and effect a repair. The regular guys were like old friends! One year they left gates open and fences broken, so I put in a claim stating that they would not be allowed on again until the bill was paid.

The bill was not paid and of course there was another burst. The fun started when I refused them entry. The manager with the cheque book could not be found. There was a line of cars and vans waiting on the public road to come on, much to the amusement of the workers. (Whenever I apeared, I got a cheer!). Eventually, the manager came on the phone and promised faithfully that a cheque would be in the post first thing.

Later, they replaced the main with a plastic pipe. No more bursts. But I charged them a health prce for digging up my lawn. They said I was the only one in the area who had asked for compensation. So what? Ask a reasonanble price and insist on getting paid. They do not have a right to state what sort of farm or garden you should have. If your demands are unreasonable, it can go to court. For years I let them on for nothing, then they abused the privilege.

 

[Grass And Grain]

Who is responsible for health and safety? National Grid or the farmer?

 

[Highland Mule]

Who is responsible for health and safety? National Grid or the farmer?

Both.

 

[Grass And Grain]

Both.

Was afraid you were going to give me that bad news. Will have to then make sure I'm covered with risk assessments, method statements etc. or I suppose just check NG have suitable ones (and that any of our staff know that there will be pther personnel working in the field).

 

[Highland Mule]

Was afraid you were going to give me that bad news. Will have to then make sure I'm covered with risk assessments, method statements etc. or I suppose just check NG have suitable ones (and that any of our staff know that there will be pther personnel working in the field).

Yep. Can’t remember the particular part - probably Reg 5 of the Management of Health and Safety at Work Regs but I’m not at my books right now - where one or more share a place of work, then all are jointly responsible.

Handy hint - NG will be useless at anything to do with farm hazards so make sure they add to their RA anything you need from that perspective. For me it was to ban roadside fence removal with animals still in the field.

 

[Grass And Grain]

Thanks @Highland Mule you've been very helpful.

Guess I'll have to do the H+S audits, then just charge them for my time

 

[Highland Mule]

Thanks @Highland Mule you've been very helpful.

Guess I'll have to do the H+S audits, then just charge them for my time

Not that helpful... Just checked my books - had quoted the wrong regulation - co-operation between employers would be Regs 11, 12 & 15.

 

[Drillman]

@Grass And Grain boot on the other foot, if you asked them for something would they do it for nothing?

No they wouldn’t.

so charge them a fair fee!