The first contact you may get from a developer is regarding access for a non-intrusive survey. As the project develops the developer will need to carry out intrusive surveys to understand the environmental, geophysical and archaeological constraints on the ground.
Remember:聽surveys start in the early stages of a project, often while there is a wider corridor than the area that a scheme will directly impact.
A developer may use statutory powers to gain access to undertake surveys if a voluntary agreement cannot be reached.聽
Non-intrusive surveys are generally an ecological walk-over surveys, which should not require any vehicular access or digging on land. Please note that sometimes equipment can be used/left on site for the survey period such as hand augers and noise monitoring equipment. The developer should be able to provide a list of surveys that will be undertaken.
Survey Licenses
Non-intrusive surveys are generally ecological walk-over surveys, which should not require any vehicular access or digging on land. Please note that sometimes equipment can be used/left on site for the survey period such as hand augers and noise monitoring equipment. The developer should be able to provide a list of surveys that will be undertaken.
Intrusive Surveys are those that require intrusive excavation to land such as boreholes, archaeological trenches, and trial pits.
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 regarding as to whether to allow access for surveys. The developer should pay your reasonable professional fees with regard to reviewing the survey license.
Matters to note with regard to engaging to allow voluntary access for non-intrusive and intrusive surveys:
- This allows you to keep some control over where surveys are carried out and what surveys are being
- This enables you to negotiate clauses that are necessary to your farm eg, avoiding shoot days, additional notice requirements, parking requirements.
- A non-intrusive license should include a nominal payment to allow access for walkover surveys plus a payment for night time surveys. Some payments are highlighted as advance compensation.
- Compensation can be claimed for all losses and damages incurred from any
- An intrusive license should include payments for each type of survey excavation to be carried out eg, borehole, trial pit, archaeological trench.
- The developer should also pay your agent鈥檚 reasonable fees for advising you on this request for access and liaising with them on your The fee contribution for surveys can often be capped and therefore it is important to check this with the developer.
The decision as to whether to allow access for surveys does not mark your support or objection to the project, and you can still pursue an objection to the project as a whole. In addition to your consultation response, contact regarding surveys may provide an additional engagement opportunity to demonstrate to the developer the impact that the proposals may have on your business ahead of them reaching final decisions on the project.
It is likely that the NFU will be working with land agents who are acting on a scheme to agree generic terms of a non-intrusive and intrusive license along with payments.
Powers for entry for surveys
If you decide to withhold consent for surveys a developer may take access to carry out surveys under the following powers:
- S.53 of the Planning Act 2008.
The Planning Inspectorate, acting on behalf of the Secretary of State, can authorise a person(s) to enter land owned by third parties in order to carry out surveys and take levels and /or in order to facilitate compliance with statutory provisions. The applicant must act reasonably when trying to obtain permission to access the land and have a genuine need to enter the land.
If the applicant considers they have been refused access unreasonably then they can make a request to the Planning Inspectorate for authorisation of a 鈥榬ight to enter land鈥�. A person commits an offense if they wilfully obstruct a person with the authority to enter the relevant land.
It can take a developer about three to four months to obtain an authorization from the Secretary of State to enter land. - Under S.172 of the Housing and Planning Act 2016 a notice can be served by a person authorised in writing by an acquiring authority to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land and may not use force unless a justice of the peace has issued a warrant under section 173 (1) authorising the person to do so.
- A S.172 Notice:
- This provides a right to enter and survey land in connection with the proposal at a reasonable time (this may include night time for some surveys).
- A landowner must receive at least 14 days notice before the first day on which entry is taken. There is no obligation within the act to provide notice for subsequent visits.
- A developer can apply for a warrant聽if access is still refused. This must state the number of occasions required to complete the surveys, however no time limitations.
- There is no requirement for the developer to agree any additional provisions to accommodate your business.
- A S.172 Notice:
A developer will normally seek access for surveys on a voluntary basis and should write to you before using statutory powers and serving a notice to enter your land for surveys.
It is essential that you take professional advice before signing any voluntary access licence for surveys or if you a receive a notice to take entry.