There are a number of processes that a major infrastructure project may follow to secure planning consent and compulsory purchase powers.
The process may differ depending on the size, complexity of the project and national significance, which may include:
- Development consent order 鈥� NISP (Nationally Significant Infrastructure Projects)
- Compulsory purchase order 鈥� Large scale localised projects
- Hybrid bills 鈥� Large projects such as HS2
- Transport and Works Act Order 鈥� Small scale railway construction or improvements
- Water Industry Act 1991
- Electricity Act 1989
- Water Resources Act 1991 鈥� EA flood schemes
If you are contacted by a developer or their agents in regard to a scheme, they should inform you:
- if the scheme is a NSIP and that they will be seeking a DCO (Development Consent Order)
- whether it is still a major infrastructure project but consent is being sought through a CPO (Compulsory Purchase Order) and a planning application through the relevant Local Authorities.
NFU involvement on infrastructure projects
The NFU's infrastructure team and regional colleagues can provide support to members affected by major infrastructure projects.
This involvement will differ from scheme to scheme, however, may include:
- submitting responses to consultations to highlight impacts to farming businesses and the local area.
- organising meetings with the developer for members to understand more about the project.
- working with members鈥� appointed agents as a collective group SIG (land interest group) to reach overarching agreements with developers that will benefit all farming businesses impacted such as:
- negotiating terms of non-intrusive and intrusive licences
- negotiating terms of voluntary agreements including heads of terms, options and deeds
- highlighting issues affecting members.
- Involvement in the DCO (Development Consent Order) process including submitting written representations and speaking at hearings.
- Liaising with LAS to obtain legal advice when needed.
LAS (Legal Assistance Scheme)
Joint action
Where there are legal issues affecting a number of members or the issue applies to a process/principle that a developer is looking to undertake, there is the opportunity for LAS to fund a legal opinion or case which would benefit all members affected by a particular project (and future projects in some cases).
LAS funding may also be used to seek legal advice on generic Heads of terms for voluntary agreements for individual projects, where appropriate. Again, this is considered on a case-by-case basis and is considered between the NFU Infrastructure Team and LAS.
Legal support is available to members who has LAS as part of their membership, and are affected by infrastructure projects that are experiencing specific legal issues through LAS, which should be accessed by the member calling Contact CallFirst (0370 845 8458) for a referral.
The LAS team will look at each case individually and make a decision regarding whether a contribution towards legal costs can be awarded.
More information on how members can get legal support and the legal panel firms can be found here.
First steps
What to do when you find out you may be affected by a major infrastructure project
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Get in touchContact CallFirst (0370 845 8458) and inform them that you believe you may be affected by a major infrastructure scheme and explain what, if any correspondence you have received from the developer.
This enables the regional and HQ team to build communication groups for members and agents and assess whether HQ involvement is required in a particular project. 皇家华人HQ team works closely with agents acting for affected members and enables the NFU to work with your agent on your behalf.
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Act quicklyIt is essential that you instruct a land agent with compulsory purchase experience as soon as possible after you are notified that you may be affected by a project. It is important that you receive professional advice at the outset of a project for the walkover and intrusive survey process and to guide you through discussions with the developer on scheme design ahead of the consenting process. (Reasonable professional fees are paid by the developer.) |
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Engage with the developer/acquiring authorityThe early stages of a project is the best time for you to be able to influence the route and design of the project. It is essential that you and your agents engage with the project team at the earliest opportunity and respond to any consultations the developer holds to explain the impact of the project on your property and the farm business. This allows the project team to consider requests for changes to the scheme to minimise the impact and provide clarity on outstanding matters that you may wish to raise through the consenting process. It is normal for a developer to carry out at least one non-statutory and one statutory consultation if not more before an application is either submitted to the Planning Inspectorate or the Local Authority. |
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Responding to consultationsEven if you wish to object to the project, it is also important that you consider from the first consultation which may highlight a proposed linear route(s), the impact that the project may have on your property and farm business. This may be for example that the route cuts through a camping site or a field of Christmas trees. If this is highlighted at an early stage, it may be possible for the scheme designers to avoid areas and change the proposed route. |
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Record keeping听Keep all correspondence, documentation and records. It is essential that you keep all documentation received from the developer to refer back to as the scheme develops as well as keeping comprehensive records and notes of any meetings that take place including:
As well as your digital records, we recommend keeping a folder and a diary to keep all documentation and notes together and organised. |
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Accommodation worksIt is important that you and your agent have early discussions with the developer regarding any work that needs to be done to minimise the impact on your farm business during construction and once the scheme is operational. This is called accommodation work. Accommodation works that may be required are:
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Survey licenses by voluntary agreementThe first contact you may get from a developer is regarding access for a non-intrusive survey, and as the project develops that developer will need to carry out intrusive surveys to understand the environment, geophysical and archaeological constraints on the ground. Please note: these surveys start in the early stages of a project often while there is a wider corridor than the area that will be directly impacted by a scheme. A developer should seek to enter into an access license to carry out these surveys, and this would normally be undertaken under two separate licenses, one for the non-intrusive and another for the intrusive surveys. 皇家华人recommends that you take professional advice from your agent to enable you to make the right decision for you and your business with regard as to whether to allow access for surveys. |
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DCO (Development Consent Order) processIf an infrastructure project is designated as a NSIP (Nationally Significant Infrastructure Project) the developer will have to apply for a DCO (Development Consent Order) to receive its planning permission and compulsory purchase powers for the project. The developer has to show that it has consulted and negotiated with parties (landowners and occupiers), who are directly affected. The need to carry out an environmental assessment of the impact of the project before they submit and application to the Planning Inspectorate. The steps are:
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