Before cables and pipelines are installed, strong relationships must be built. Successful infrastructure projects depend on more than engineering; they rely on trust, respect for the land, and care for the soil, as outlined in our Infrastructure Spotlight.
Caring for these values in practice means clear communication, early engagement, and a willingness to work together to minimise disruption and protect livelihoods while simultaneously facilitating the effective delivery of infrastructure projects. Here are five steps towards achieving a mutually agreeable outcome.
Developer: Identify and contact landowners early
Identify all affected landowners as soon as a project is in planning. A comprehensive land referencing programme will identify the people and organisations that have a legal interest in affected land or property and compile the details of those interests.
Proactively contact those stakeholders at the earliest opportunity. When engaging, be transparent about the scale and scope of the project. Just as importantly, communicate those points clearly and simply. Let landowners know why their land is needed and how it will be affected.
Legislation will differ depending on the specific form of infrastructure being proposed. Utilities often have statutory powers that allow them to install and maintain apparatus on private land. Landowners are afforded rights, too. For example, they are entitled to claim compensation for any new installation or for losses caused by maintenance activities. Fair notice before works commence should also be given.
Infrastructure providers will often cover the reasonable costs of professional advice for landowners affected by infrastructure. Use this to bring in a qualified land agent with an understanding of infrastructure projects. While it’s important to understand the regulations personally, a specialist can help in navigating details, negotiating terms, avoiding pitfalls and ensuring a fair deal.
All: Talk and listen
Taking a proactive approach allows a landowner to influence decision-making at the formative stage. Alterations are easier to achieve, resulting in improved long-term outcomes. Meet the developer on site to review the proposed plans and use this opportunity to point out any sensitive features, such as drainage systems, heritage sites, and valuable crop areas. Suggest practical alternatives to minimise impact. Developers should listen closely. Landowners could very well be sharing insights that improve scheme design, so look to facilitate communication wherever possible.
Work together to minimise disruption. This might include agreeing on accommodation works, for example, the developer providing alternative access routes for farm vehicles if a path is blocked, installing gates, moving fences, or temporarily relocating livestock watering points. Discuss critical periods and how to minimise impact at these particularly sensitive times, such as not digging just before harvest where possible, and coordinating so that construction traffic avoids lambing season or critical planting times. This can save both parties a lot of unnecessary trouble.
Not all disruption and damage will be avoidable. Developers should be upfront about this potential disruption and engage in conversations around compensation for crop loss, land disturbance and devaluation. This should follow the guiding principle that the landowner be made “no worse off” because of the project. This will once again cultivate goodwill and make the likelihood of reaching a voluntary agreement on rights (e.g. wayleave or easement) more likely, avoiding the need for compulsory acquisition later. Once again, communication leads to mutual benefits.
Landowner or manager: Document everything
Landowners or their managers should look to document the entire process thoroughly. Before work starts, allow the developer to conduct a thorough record of the land’s condition. Throughout the work, continue to keep a diary of all project-related activities: meetings, phone calls, time spent, and any losses including harvest records, crop contracts, input invoices and any extra costs you incur.
These records will support any compensation claims made at a later date. Developers expect to pay these costs as part of doing business but it is still a negotiation and will need to be evidenced. Those negotiations usually reach a settlement, but landowners have legal avenues if needed.
Looking ahead
Landowners should be aware that changes to compulsory purchase order (CPO) powers are in the pipeline. Greater use of these powers is likely to be seen anyway, and many developers will pursue CPO decisions in parallel in order to mitigate risks in their projects. However, CPO is often Plan B. Negotiations, done well, promise better outcomes for all parties involved.
Contact Joe Lloyd or Jane Kenny