Wayleave changes could affect land values

Farmers could see their land values plummet if proposed changes to the Electricity Act go ahead.


The Department of Energy and Climate Change (DECC) is seeking comments on necessary wayleaves, which are one way for electricity network operators to secure the right to run electric lines across land in cases where they are unable to reach a voluntary agreement with the owners.


“Ignoring this initially dull-sounding consultation could have far reaching and long-lasting consequences with a permanent detrimental effect on property values,” said Chris D’Olley, senior rural partner at Carter Jonas in Winchester.


One suggestion is that the 15-year lifespan of necessary wayleaves could be amended and that there is a risk that equipment be installed on a permanent basis, he said.


These agreements are binding on subsequent owners so where the land is sold, potential future values could be affected if later opportunities for development become viable but the electricity equipment prevents this.


“Ignoring this initially dull-sounding consultation could have far reaching and long-lasting consequences with a permanent detrimental effect on property values.”
Chris O’Dolley, Carter Jones

A permanent easement, particularly for a generation scheme that has a limited-life planning consent, could destroy any chances of future development unless there are provisions to deal with this and make compensation available, said Mr D’Olley.


“If landowners fail to participate, network operators could gain the upper hand by compulsory powers and the permanency of equipment installations. Landowners risk becoming powerless and could see real values stripped from their property forever,” he said.


Responses to the consultation are required by 28 November.


Details on how to take part in the consultation can be found on the DECC’s website.


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