From time to time members will be approached by statutory undertakers seeking to lay new pipes.
For some time the CLA and NFU have been working with a number of landowners and agents to review the correct basis of assessing compensation where a water company serves notice to enter land to lay a pipe following service of a Requisition Notice by a developer.
This Guidance Note sets out the relevant legislative background and offers guidance on interest on compensation payable for the compulsory purchase of land is payable.
The TFA has been quoted in the press as claiming the case of Jewell v McGowan in support of its line that current Agricultural Tenancy legislation 'could put tenant farmers out of existence'.
The case turned on whether a farm could be used as a farm visitor centre without the landlord's express consent.
This guidance note is intended to assist farmers and others who are considering an energy crop fuel supply contract, and to highlight points which need to be checked carefully.
The CLA is often consulted by members who become involved in the laying of pipes to serve houses, farms or other property. Some may be wanting to obtain permission from a neighbour, others may have been asked for their agreement by a third party.
The CLA has for many years been arguing for reform of compulsory purchase law. A cross-industry group was set up by CLA and NFU to drive the lobbying efforts forward. Success so far has led to several government studies into the area of compulsory purchase and blight, culminating in the 2000 DETR 'Fundamental review of the law and procedures' and the proposals for reform set out in the 2001 consultation paper 'Compulsory purchase and Compensation: delivering a fundamental change'. Work continues to refine the proposals in that paper and to seek to persuade government to bring forward early legislation.
From time to time members will inadvertently damage water pipes belonging to statutory undertakers often through ploughing activities. This Guidance Note sets out the relevant legislative background and offers guidance on how to avoid this problem.