The process may differ depending on the size, complexity and national significance of the project.
If you are contacted by a developer or their agents in regard to a scheme, they should inform you:
- if the scheme is an NSIP and if they will be seeking a DCO (Development Consent Order)
- whether it is still a major infrastructure project but consent is being sought through a CPO (Compulsory Purchase Order) and a planning application through the relevant Local Authorities.
The NFU's infrastructure team and regional colleagues can provide support to members affected by major infrastructure projects.
This involvement will differ from scheme to scheme, however, may include:
- submitting responses to consultations to highlight impacts to farming businesses and the local area.
- organising meetings with the developer for members to understand more about the project.
- working with members’ appointed agents as a collective group LIG (land interest group) to reach overarching agreements with developers that will benefit all farming businesses impacted such as:
- negotiating terms of non-intrusive and intrusive survey licences
- negotiating terms of voluntary agreements including heads of terms, options and deeds
- highlighting issues affecting members.
- Involvement in the DCO (Development Consent Order) process including submitting written representations and speaking at hearings.
- Liaising with LAS to obtain legal advice when needed.
LAS (Legal Assistance Scheme)
Joint action
Where there are legal issues affecting a number of members or the issue applies to a process/principle that a developer is looking to undertake, there is the opportunity for LAS to fund a legal opinion or case which would benefit all members affected by a particular project (and future projects in some cases).
LAS funding may also be used to seek legal advice on generic Heads of terms for voluntary agreements for individual projects, where appropriate. Again, this is considered on a case-by-case basis and is considered between the NFU Infrastructure Team and LAS.
Legal support is available to members who have LAS as part of their membership, and if they are experiencing specific issues they may be able to apply for legal support through LAS, which should be accessed by the member calling Contact CallFirst (0370 845 8458) for a referral.
The LAS team will look at each case individually and make a decision regarding whether a contribution towards legal costs can be awarded.
Accommodation works
It is important that you and your agent have early discussions with the developer regarding any work that needs to be done to minimise the impact on your farm business during construction and once the scheme is operational. This is called accommodation works.
Accommodation works that may be required are:
- accommodation bridges (weight/width)
- new utility (water, gas, electricity and communication) supplies
- new accesses and delivery/collection routes/timings
- farm infrastructure (slurry, irrigation and reservoirs) facilities
- gates, fences, water troughs and livestock handling facilities.
DCO (Development Consent Order) process
If an infrastructure project is designated as a NSIP (Nationally Significant Infrastructure Project) the developer will have to apply for a DCO (Development Consent Order) to receive its planning permission and compulsory purchase powers for the project.
The developer has to show that it has consulted and negotiated with parties (landowners and occupiers), who are directly affected. The need to carry out an environmental assessment of the impact of the project before they submit an application to the Planning Inspectorate.
The steps are:
- Once an application is accepted the project is then examined by examiners for 6 months.
- The examiners then have 3 months to write up their report to the Secretary of State.
- The Secretary of State then has a further 3 months to consider the decision as to whether to grant a DCO.
Visit our Development consent order process and timeline page
Latest infrastructure news
Get the latest on consultations in your area.
NFU East | NFU South | NFU Midlands |