Responding to Major Infrastructure Projects

The process is complex and for those unfamiliar with it, engaging with it can be a daunting prospect. We are here to help.

If you are concerned about the effects of a proposed infrastructure project, engaging with the promoter at an early stage is usually appropriate as the promoter may be able to amend its proposals to accommodate your concerns before they are finalised. Indeed many promoters welcome early engagement in order to be able to do so. If it becomes appropriate to do so, responding formally to proposals once an application has been made provides an effective means of bringing your concerns to the attention of the body scrutinising the application.

It also provides a further basis on which to negotiate with the promoter, whether, for example, to secure a reduction in the land needed for a scheme or other measures to mitigate its effects. However you may be affected by a proposal and whatever your objectives, our team is well-placed to advise you on your options and how best to engage with the promoter.

There are opportunities to engage at various stages of the relevant consenting process, whether in response to a public or stakeholder consultation, in response to an application that has been made or in more limited circumstances to a consent that has been given.

• Establish a strategy to meet your objectives
• Respond effectively to a consultation exercise
• Make effective representations in response to an application
• Pursue your concerns with a promoter in both the pre and post application stages
• Advocate adjustments to the form of the consent being sought to protect your interests
• Settle agreements with a promoter that will meet your concerns
• Negotiate on any land issues arising, including requests for access for surveys or other reasons
• Present your case at hearings, examinations and inquiries
• Obtain compensation and deal with blight issues
• Challenge a consent where appropriate
• Recover your legal and other costs

Proposals for major infrastructure projects may have significant impacts (both positive and negative) on affected landowners, local authorities and communities in the area the project is located, as well as other bodies and organisations whose interests or operations may be affected. If you are affected by a proposed project, engaging with the promoter at an early stage could be invaluable, as the promoter may be able to amend its proposals to reduce its impacts before they are finalised.

Objecting formally to proposals once an application has been made provides a formal means of bringing your concerns to the attention of the body scrutinising the application. It also provides a further basis on which to negotiate with the promoter, whether to secure a reduction in the land needed for a scheme or the commitment to implement other measures to further mitigate its impacts. However you may be affected and whatever your objectives, our team is well-placed to advise you on your options and how to engage most effectively in the consenting process to obtain an optimum outcome.

Planning / Consenting

• Object to Development Consent Orders, Transport and Works Act Orders, Compulsory Purchase Orders, Harbour Consent Orders, Hybrid and Private Bills and applications under the Town and Country Planning Act.
• Engaging with the promoter to modify, reduce, mitigate, or eliminate impacts of a scheme
• Enter into legal agreements with the promoter to secure mitigation including third party agreements, planning performance agreements, section 106 agreements, protective provisions and planning conditions.
• Deal with blight issues.
• Prepare for hearings and can act as advocates on your behalf.
• Advice on legal challenge options.

Real Estate

• Deal with pre-project land surveys and requests / demands for access including licences.
• Negotiate agreements for acquisition of land (and other interests in land, such as rights and restrictions) required for a project by agreement with the promoter.
• Acquire replacement property and deal with the settlement and drawdown from the promoter.
• Deal with compensation and settlement agreements, including references to the Upper Tribunal.

As the largest specialist infrastructure team in the UK, we are well aware of the challenges faced by landowners, local authorities, local residents and others affected by major infrastructure projects. We regularly advise third parties on how to engage effectively with the process to ensure that their concerns are taken into account.

We are also a leading firm of parliamentary agents, experienced in advising upon infrastructure projects authorised by Act of Parliament, such as HS2.

Our recent work has included advising local authorities, statutory authorities, developers, land owners and others affected by a variety of schemes including:

• The Thurrock Flexible Generation scheme;
• Sizewell C Nuclear Power Station;
• The proposed Port of London Harbour Revision Order ;
• A major highway scheme;
• The Riverside Energy Park scheme, in South London
• The Hornsea Project Three Offshore Windfarm ;
• High Speed 2
• The Expansion of Heathrow (Third Runway)
• The Eccles Wastewater Treatment Works