A trusting relationship between landowners and infrastructure developers pays dividends for all parties in the long term

An infrastructure project will bring together a host of stakeholders, landowners, developers, local authorities, community groups, and many more. Friction inevitably emerges. Yet by communicating and engaging, all parties can arrive at a more agreeable position.

In negotiations with landowners, developers will first want to demonstrate their knowledge of the Nationally Significant Infrastructure Project (NSIP) system and the detailed care taken to define their project. Important precursors are knowledge of what a well-formulated development consent order (DCO) application looks like, how to demonstrate to Examining Authorities that one is competent and learning from previous NSIPs, and how this learning is reflected in their land strategy. This expertise will come from a range of professionals (see Figure 6).

Landowners and other stakeholders, such as local authorities, in turn need advice on what constitutes a good project and how, by working with developers, optimal outcomes can be achieved. This is how a good DCO project will present itself to landowners and other key stakeholders.

What do landowners value?

Legislation requires developers to demonstrate they have tried to secure the necessary rights by private negotiation before utilising other avenues such as Compulsory Purchase Order (CPO) powers. Even so, developers still prefer to do deals with landowners, so the art of negotiation between parties will continue to play a prominent role with the prize of better outcomes on both sides. In these negotiations, landowners may be offered compensation for losses caused by infrastructure projects. This approach can instigate tensions from the outset. If developers take the time to understand stakeholders’ priorities, an improved project can be achieved.

• Trust

Trust is built through communication, so start early and engage regularly. A comprehensive land ownership referencing programme will identify the people and organisations that have a legal interest in affected property. Proactively contact those stakeholders at the earliest opportunity, being transparent about the project. Let landowners know why their land is needed and how it will be affected.

Arrange to meet on site to review the proposed plans and encourage landowners to point out any sensitive features, such as drainage systems, heritage sites and valuable crop areas. Suggest practical alternatives to minimise the impact on the farming business. Developers should listen closely as landowners could be sharing insights that improve the project’s design. Acknowledging these concerns and taking reasonable steps to safeguard the farming business is essential to build a trusting relationship.

• Farming business

Demonstrate care for the farm and the farmer. Discuss critical periods and how to minimise impact at these particularly sensitive times, such as not digging during harvest and coordinating so that construction traffic avoids lambing season. Not all disruptions will be avoidable, so revert to point one: trust. Developers should communicate and be up front about this and start discussions about crop loss and land disturbance. This will improve the likelihood of a voluntary agreement on rights (for example, a wayleave or easement).

• Soil

The soil is the literal foundation of a farming business. Taking measures to preserve the quality of the soil will go a long way towards cultivating trust. Measures considered might include:

• Moving the project features to the edge of fields where reasonably possible.

• Following best practices for removing soil, which are to stop work in poor conditions, and strip topsoil before subsoil in sequential strips.

• When reinstating, promoting healthy soil structure, for example, through deep cultivation of the subsoil.

• Controlling vehicle traffic, for example, restricting wheeled vehicles after reinstatement.

• Planting a tailored cover crop, such as a deep-rooting legume mix, to reduce soil erosion.

• Offering to reassess the subsoil after project completion.

As the case study below demonstrates, employing a conscientious and professional engineering team goes a long way towards ensuring the land is taken care of.

Case study: How to do engagement well

RWE and the Norfolk Vanguard and Boreas Offshore Wind Zone

Norfolk Offshore Wind Zone will deliver a total of 4.2GW of capacity, but first, it must connect to the grid. The nearest of the project’s 276 turbines is around 47km from shore. Once a cable has come ashore at Happisburgh, it must travel 60km to connect to the electricity grid at Necton.

Before

Jane Kenny, Head of Savills Rural Consultancy for the East of England, forms part of a working group of land agents acting on behalf of the landowners affected by the cable route. RWE has actively engaged with the working group and covers the costs of Ms Kenny’s work and the work of other land agents on behalf of the landowners.

Negotiations began long before work started. This openness to communication has demonstrably improved outcomes, resulting in a voluntary agreement providing the landowner with more favourable terms than would be provided by a CPO. For example, a landowner had the opportunity to have their trusted drainage consultant review drainage plans to ensure they are fit for purpose.

During

Rather than tackling the entire 60km corridor at once, RWE has strategically divided the 60km cable corridor into two phases, one approximately 20km long and another 40km long. This approach mitigates the potential for negative impacts associated with large-scale excavation and bunding soil, particularly in the record-breaking wet weather of 2023 and 2024, which could have led to flooding and other damages.

RWE assigned its own dedicated land agents to engage in a weekly meeting that allows all parties to raise and discuss matters related to the project. In addition, there are agricultural liaison officers on the ground who landowners can contact directly should the need arise. RWE has also committed to planting a cover crop across affected areas, a rare undertaking that will improve the condition of the soil, enhance soil health and support long-term productivity.

A strong relationship

The project itself is best summarised by the sentiment of those involved. Chris Allhusen is a farmer affected by the cable and had this to say about Murphy Group (who he refers to as Murphys), the engineering and construction company responsible for the ground works.

On the work

“The team from Murphys were fantastic. They cared about the soil; they cared about us; they kept us informed; they asked before dumping, using, borrowing. They earned a lot of goodwill from us in terms of doing things and making it easy for us.”

On the people

“My wife was very concerned to start with, but after many productive discussions with the Murphys team working on our land, she was so pleased with them that she baked a cake for the digger drivers on their last day with us.”

On the process

“We have been fortunate with [Murphys]; they’ve been obliging, but why can’t everyone else be like that? The code of practice, as it exists, isn’t working for some. I think we’ve been exceptionally lucky and our situation is unusual, but if Murphys can do it, so can others.”

_{Read the articles within Spotlight: UK Infrastructure below.}