Questions and answers from the regional Wayleave workshops – January/February 2018

Q – Do SSEN have the power to ensure a new supply?

A- SSEN is not obliged to use its compulsory powers to facilitate a new connection. There is a specific exemption
from the duty to connect in these circumstances. Having said that, we would consider progressing a compulsory
purchase of land/rights however, the developer has to meet any costs for land rights, the process can take 9-18
months and there is no guarantee of success. In view of the risks the developer and landowner usually come to a
voluntary agreement.

Advice offered:
At the point of design, start up a conversation with the adjacent land owners.

Although we are obliged to offer the most cost effective design, there might be another option which would allow
for an easier alternative for obtaining land rights / wayleaves.

Q – Wayleaves are like a black hole; the project can be moving forwards, and then come to a sudden halt.
A – There are a number of reasons that might stall the process. For example, we need to try and establish the
relevant land owners and their representatives from the off and we often identify additional parcels of land that
have not been identified by the customer or the ICP. Please don’t be shy to chase.
We also find that solicitors will try to change the wording on the documentation; our documents are published, and
made to a standard. When the changes are requested, it can cause significant delays.

Advice offered:
To help with a smooth delivery, we can offer a phone meeting between the legal teams from both SSEN and
customer, prior to the start of a development.

If all the documents are in place, such as the bank and overage consents, we can turn the legals around in c.2 weeks.

Q – Can we have committed timescales?

A – In theory we could, but we would need a commitment from the opposite lawyers and the customers to adhere
to deadlines in order for us to deliver.

Advice offered:
To help, customer solicitors could be more forthcoming with replies to our enquiries regarding the sites. They
already have much of the information we will ask for, for example, contamination reporting, but the customer’s
solicitor will still respond asking us to make our own enquiries; we are happy to do so but inevitably this can cause
time consuming delays.

Q – Where we would want to take an existing o/h line and make it u/g, is this the same as a necessary wayleave?
A- No- this is likely to require a new wayleave. We would need to look any relevant wayleaves / land rights effecting
the development from the outset.

Q – If there is an existing wayleave on third party land, do we still need the land owner permission to change it?
A – Yes, if there is a physical change as the wayleave is usually specific to the existing apparatus. This should be
checked at the earliest opportunity.
Q- We have paid the money for the job, but there is a delay in obtaining legals? Can we proceed with getting the
cables in the ground while waiting on the wayleave?
A – We can consider each site induvial and will consider what we can do to help. It is best to talk to the wayleave
officer, but we need to understand that the wayleaves are progressing well. Any plant sited prior to livening up is at
the developer’s risk.

Q – Do we need a wayleave if laying a cable on un-adopted areas?

A – Yes, if we are supplying a number of plots. Any mains cables crossing private land still need to be documented.

Q – There seems to be a difference between the utilities and their rights, is this true?
A – Yes, water and gas both have greater powers, and telecoms powers are on the increase.

Q – If I move to a property with a pole in the garden, but there is no consent on it, can I get a wayleave
retrospectively?
A – There will more than likely be a wayleave already, but yes, we would be more than happy to update the
wayleave consent.

Q – What would the payment be?

A – Payments for wayleaves are always based on compensation for example a 9 inch diameter pole would be £7.70,
and a stay wire would be even less.
We do publish all the costs for wayleaves on the website.

Q – When an existing wayleave crosses land owned by the housing association, do we need to obtain permission
from each individual or just the housing association?
A – If all the houses are owned by the housing association, you need to go via them. However, if some of the houses
are owned, the wayleave will need to be agreed by individual owners.

Q – What happens with unregistered land? Does SSEN have statutory rights to lay cables within that land?
A – There are 2 scenarios with unregistered land:
1) – If the land is unregistered, but we know who the owner is, we can approach the owner for permission.
2) – We don’t know who the owner is; we will put up a 21 day notice. If after the 21 days we still don’t have
permission, we can look at obtaining a necessary wayleave / CPO. But as before, this is no guarantee of success.
Where we don’t have permission to cross land, we cannot.

Q – What rights do ICP’s have?

A – They don’t have any statutory rights as they are not licenced electricity distribution network undertakers. An
IDNO would have the same type of statutory rights though. This is not something that has been imposed by DNO’s
but is the statutory position.

Advice offered:
Use the “land rights” document found on the SSEN website to obtain options either prior to or upon land purchase
will help to avoid the previous landowner holding developers to ransom.