NLC

We have decided to bury an overhead cable in our garden. The route has been agreed and we have paid quite a lot of money to UKPN to move the cable! Their legal department have sent us this standard Wayleave Agreement. It looks OK but does anyone have any experience of these things please? Or maybe know a solicitor who can help, please? We aren't receiving a Wayleave fee for their equipment to be going over our property, the route of which feeds neighbouring properties. I guess because we've asked for the equipment to be moved underground. Eastern Power Networks plc whose registered office is Newington House, 237 Southwark Bridge Road, London, SE1 6NP ("the Company") of the other part BACKGROUND The Grantor is the freehold/leasehold owner of the Property and has agreed to grant rights to the Company in respect of the Works on the terms set out below IT IS AGREED as follows:- 1.- DEFINITIONS “the Company” includes its Subsidiaries, Associated Companies, successors and assigns “the Grantor” includes its tenants, licensees and employees “the Plan” means the plan annexed hereto “the Property” means the land shown on the Plan and described by the Land Registry (or locally where the land is unregistered) as being “the Works” means the works shown on the Plan and described in the Schedule 2.- THE RIGHTS THE Grantor hereby grants consent for the Company:- (a) To install, maintain, inspect, alter, renew, remove and retain the Works and to enter the Property at all reasonable times (or at any time in the case of emergency) with or without vehicles plant or machinery for such purposes (b) To fell or lop in a woodman like manner any tree or hedge on the Property which obstructs or interferes with the Works 3.- THE COMPANY’S COVENANTS THE Company shall:- (a) Not cause any unnecessary damage or injury to the Property and shall take all reasonable precautions to avoid obstruction or interference with the use of any road or footpath sewer drain or watercourse that may be crossed by the Works (b) Make good to the reasonable satisfaction of the Grantor any damage caused by or arising out of the execution of the Works. If for any reason any such damage cannot be made good the Company shall compensate the Grantor in an amount which has previously been approved by the Company (c) Give to the Grantor not less than five days' previous notice (except in cases of emergency when as long notice as practicable shall be given) of the intended exercise of any of the rights conferred by Clause 2 above (d) At all times keep the Grantor indemnified against all losses, damages and expenses which he suffers or incurs by reason or on account of any breach of this Agreement including any negligent act or omission of the Company in connection with the execution or existence of the Works provided that this indemnity shall not extend to any such losses damages or expenses to the extent caused by the default of the Grantor 14.- THE GRANTOR’S COVENANTS THE Grantor shall not:- (a) Do or cause or permit to be done on the Property anything likely to cause damage or interference of any kind to the Works (b) Make or cause or permit to be made any material alteration to the Property so as to interfere with or obstruct the access to the Works or so as to interfere with the support afforded to the Works by the surrounding soil without the prior written consent of the Company 5.- TERMINATION This Agreement shall remain in force for a period of 15 years from the date hereof and thereafter until determined at the expiry of not less than twelve months' previous written notice given at any time by either party but without prejudice to the rights which the Company might exercise under the Electricity Act 1989 (a) THE SCHEDULE THE erection of 1 poles and 1 stays and appliances for the purpose of supporting the above mentioned electric line in the approximate positions indicated on the Plan (b) THE placing of Low Voltage underground cable(s) for transmitting electricity at a frequency of 50 hertz and at a pressure of 230/400 volts and low voltage telephone and signalling cables such cable(s) to be in the approximate position indicated by the red hatched line on the Plan. Length of cable(s) approximately 55 metres. THE parties hereto have set their hands the day and year first above written Any help gratefully received.

Thank you all for your responses. You do now have to pay for full planning permission if you PD rights have been removed. Apparently it is a Central Government directive and not within the remit of the Council's themselves. So sadly although I was advised in 2014 that I wouldn't need to for permission for anything that would have fallen under PD, we will now have to pay. Can anyone help me on the sort of things I need to say in my supporting statement. It is going to cost me £276 to submit the Section 73 notice. Then I have to wait 8 weeks to see if we have been successful .... or longer, apparently! It's a joke. They take the PD rights away and then I have to pay to get them reinstated!! Whichever way I go, I know it is going to cost me. It is not cheaper to apply for planning permission BTW. I just want what most other people have - the right to enjoy my home as I wish without the need of the council to own us at every turn. If anyone can give me an idea of where to start, I would be very grateful. Thank you all...

We had our PD rights removed when we built an extension - a modest one. At the time we neither had the time or money to appeal it with the council. We weren't happy but there you go. So now I am in the position where we would like to build a structure which under PD rights wouldn't be a problem. Because we have had them removed it is a problem. I have been quoted £950 plus VAT and fees. I have been told we have a good chance of getting the PD's reinstated. I just wonder whether anyone has done this for themselves on here? I can't seem to find any information out apart from the professional planning consultants who advertise themselves. I am not against the planning consultants earning a living, we just don't have a spare £1000 plus VAT and fees.... We are not listed. We are not in a conservation area. We are in an area of archaeological interest - but that should not take away PD rights, so I've been told. We have had all PD rights removed A to E due to our modest extension - which incidentally we now think would have fallen under PD rights!!!!!