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Spot the Pipeline


AliMcLeod

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Those beyond a certain again will remember Spot The Ball, the competition on the sports pages back in the 80s/90s.

 

It was an action photo from a football match with the ball missing – you had to mark the picture with an X where you thought the ball was and send it in with your entry fee. If the middle of your X aligned with the middle of the ball, you won the prize.

 

spothepipeline.jpeg.89625937e790948207bb470ee413cb3f.jpeg

 

Except, it wasn’t quite like that. What actually happened was that judges also guessed where they thought ball was, and if your guess matched their guess, then you won the prize.

 

I now wonder whether a similar process was used to provide documentation to us, and to the purchaser of our neighbouring plot, as to  where the oil and gas pipeline ran in relation to both our plots.

 

Here is the location of the pipeline, as shown in the approved plans for the plot we purchased. More importantly, it is also where the purchasing of the neighbouring plot was told the pipeline was.

 

pipeline.PNG.6bb281a580fe1b21abe0e5649a67f83e.PNG

 

And here is the actual location of the pipeline, updated after the pipeline owners had been out with their magic wand and a subsequent dig to perform a visual inspection of the pipeline:

 

pipeline2.PNG.04765dbaf12732aefd1b0e426d0b0a1a.PNG

 

The ball is not where they thought it was!


The pipeline owner has a legal responsibility (as defined in the Deed of Servitude) to maintain pipeline markers at boundary points, and you can see two of them at the border of our plot (roughly left of the markers) and our neighbours plot, at the front of the wall.  One is the original marker that existed when we bought the plot, and the second was added after the dig for a visual inspection. There is also a marker at the back of the plot, and that is where the discrepancy was - the pipeline was meters from where the approved planning document indicated.

 

imageedit_2_4715626019.jpg.9f81e2db1d1d3cfb89d5a2f9ebdedc6e.jpg

 

I never did find out how this could happen – we don’t know if the marker at the back of the plot was originally in the wrong location (the pipeline owners insists this was never the case) or where the architects who did the original planning permission got their information from, but someone messed up big time.

 

I’d like to have thought the specific location of the pipeline would have come up during the plot purchase process, but whilst the missives etc clearly mentioned the pipeline it did not specifically state where the pipeline was in relation to either plot – that information was only part of the planning drawings, which were independent (from a legal perspective) of the plot purchase.

 

Thankfully for my wife and I, the new location of the pipeline did not impact us in any way, and in some respects would make our life easier, as we were farther from the no-build zone. Our neighbours were not so lucky – they had to change their plans to move their house and shrink it using a stepped design, so as to not have anything on the no build zone. I’m not sure how far he explored any legal routes available to him, but it seemed he had nowhere to go as the purchase of the plot itself did not specify where the pipeline was.

 

My learn from this: Don’t trust something because it is on a plan or a drawing. Ask questions and get confirmation. Caveat Emptor.

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So you can put a Yuuuuge (copyright: Trump) shed in the back corner :-)

 

That is a big reduction for your neighbour.

Edited by Ferdinand
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@Ferdinand Yup, this is what they were going to go for. It's since changed for a number of reasons, but shows the reduction of the usable space without challenging what is allowed on the no build zone. I really feel for them - it could have been us.

 

 

HoneyIShrunkTheHouse.PNG.200bec8e50cd03378e03470367e89979.PNG

Edited by AliMcLeod
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Rather than a stepped wall, I would just rotate the house a few degrees clockwise so the wall aligns with the new edge of the exclusion zone. Or is there a planning condition saying the front of the house has to be exactly parallel with the road?

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I don't believe he had such a planning condition, but the north-east corner of the building would then be encroaching towards the road, and although there was no planning condition as such, I suspect planning won't have wanted it any closer than it is. 

 

As it is, that plot owner encountered issues when they started the dig for the foundation work, with the ground giving away under the pipeline. The proposed solution was sheet piling, but that was adding £10Ks to the cost. They then decided to change the design and go for new planning, but as far as I can tell, those were submitted using the original "wrong" pipeline location. They were approved last week, but, as we've learned, planning don't care about the location of the pipeline. The only condition is that the pipeline owner must sign off the foundation plan before digging can commence. His structural engineer is also using the original pipeline drawings.

 

I've pointed out that his approved plans have the wrong pipeline location and his house is on the no-build zone, but he seems keen to let events unfold... 

Edited by AliMcLeod
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Hope he had an 'if the earth moves' clawback in his plot purchase agreement !

 

Or hopefully it was the original developer who had that plot and picked up the liability.

 

In that situation I might try and turn the primary frontage through ninety degrees and argue it faced the side road, or put my gravelled parking where the pipeline is - topography allowing.

Edited by Ferdinand
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PS DOes this mean you can do that wonderful side garden where the pipeline isn't anymore?

Edited by Ferdinand
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I don't think it's that uncommon to find things in the wrong place, it seems to happen a lot, with everything from pipelines and HV power cables to smaller pipes and cables.  We found a water pipe under the lane in front of the house that the water company had told us didn't exist.  We traced it to a neighbouring house and found the stop cock in the verge had been replaced relatively recently, as it had the water companies name on it.  Similarly, there was a very large project nearby to run a large diameter, high pressure, water supply pipe across several miles of fields, under a river and across two major roads.

 

I drove past the roadworks involved with this every day for several months, and was intrigued by the large drilling rig they used to bore underneath the river (which is a popular trout fishing one).  Out of curiosity, I had a look at the project website, to see if there was any information about the way they were drilling under the river.  There was a scale plan of the project, and it was pretty clear that the pipe was not in the same place on the ground as it was on the plan - my guess is that they had to re-position it for some reason, but that the new position wasn't reflected in the plan.  There's no indication that this pipe is there now, the crops are back growing on the fields and you need to look closely to see where the work was done.  I just hope that someone had the sense to re-draw the plans to show the as-built location.

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They put a big watermain through the fields where we used to live.

 

Did something wrong and drained a poor bloke's fishing lake from below. It took the best part of a decade to resolve.

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On 01/07/2017 at 10:43, Ferdinand said:

Hope he had an 'if the earth moves' clawback in his plot purchase agreement !

 

Or hopefully it was the original developer who had that plot and picked up the liability.

 

In that situation I might try and turn the primary frontage through ninety degrees and argue it faced the side road, or put my gravelled parking where the pipeline is - topography allowing.

 

I don't think he had any comeback from the purchase - the legal docs mentioned the pipeline but at no point did it state where it was. The drawings that showed the pipeline location were only shown on the already-approved planning, but these were not specifically part of the plot purchase. I guess he'd have to have shown that he was misled in the plot purchase.

 

He has changed his house and has kept the outlook south (it overlooks the River Forth) but has changed his entrance to the east. But, as i said above, his new plans seem to have the original (wrong) pipeline location and the house now sits on the no build zone.

 

new11.PNG.1107bc915c1816b40dd67779a8b0c439.PNG

 

 

On 01/07/2017 at 10:47, Ferdinand said:

PS DOes this mean you can do that wonderful side garden where the pipeline isn't anymore?

 

The restriction on the no build zone effectively boils down to nothing with foundations (so that the pipeline owner could access it to perform maintenance) or deep roots or a heavy load , so we could always have used that space, but it is more flexible for us now.

 

 

Edited by AliMcLeod
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