Farming Talk: Act to protect payout rights on Grid plans

As the preferred route corridor announcement is expected for the Mid Wales Connection Project at any time from National Grid, affected property owners and occupiers may need to act to safeguard rights to compensation.

Following National Grid's announcement this month (or perhaps next) they will publish their reasoning and hold a series of information events within the project area to inform those locally affected.

There will then be further public consultation covering more detailed route alignment options, undergrounding of sections and pylon design, as well as details regarding construction requirements.

Property owners and occupiers need to look carefully at how the proposals could impact on their property, whether directly on the route or not.

Professional property advice will be well worth taking to ensure that any possibility of diminution in value is considered at this early stage.

The next six months is the time for those who think they will be affected to start ensuring they are in the best possible position to safeguard rights to compensation if the scheme goes ahead as planned. National Grid will use Land Registry data to identify and contact registered ownerships (perhaps in the region of about 60 per cent of land affected) as well as their surveyors to contact parties with unknown title directly. Many will therefore be aware if their property is considered.

However, if your property is not on the direct line you are unlikely to be contacted although you may still have a devaluation case and without action your interest may not be considered as part of the planning and compensation process.

Under the Planning Act 2008 a new regime was established for the consenting of nationally significant infrastructure projects through Development Consent Orders (DCOs). This will combine a grant of planning permission with a range of other separate consents, such as listed building consent. The DCO can also include rights to compulsorily purchase land. The order will form a key part of the planning process scheduled for 2013 but more importantly property inclusion will be an important prerequisite for the basis of compensation arising out of the scheme.

A DCO can only authorise compulsory acquisition if the decision-maker presented with it is satisfied that the land is required for the development or it forms an essential part of it.

Mark Morison is a partner with property specialists Roger Parry and Partners LLP