Code of Practice for the Exercise of Pipelaying Powers on Private ...

we propose to do during <strong>the</strong> noticeperiod. During that consultation we willbe asking you <strong>for</strong> in<strong>for</strong>mation about:■ ownership and occupancy, ifdifferent, <strong>of</strong> <strong>the</strong> land. It would behelpful if you would tell us if <strong>the</strong>re isa change <strong>of</strong> occupier or owner■ any proposals you have <strong>for</strong>developing <strong>the</strong> land – such asproposals <strong>for</strong> building any permanentstructures or any subsisting PlanningConsents■ known pipes, cables, equipment orstructures below <strong>the</strong> ground■ anything which you believe mightaffect <strong>the</strong> timing <strong>of</strong> our works■ <strong>the</strong> location <strong>of</strong> springs, wells,cesspools or septic tanks or landdrains and, in particular, any deepland drainage system (see paragraph34)■ any harmful materials, liquids orvegetation in <strong>the</strong> area where we willbe working, any contaminated landor if <strong>the</strong> land has been subject to anynotifiable plant or animal diseases■ any areas with special designations,e.g. SSSIs, protected flora and fauna,archaeological considerations,public rights <strong>of</strong> way, trees subject topreservation orders or conservationareas■■planned cropping and stockingany o<strong>the</strong>r factor which you believeis relevant or will affect our worksand <strong>for</strong> which we may have tocompensate you14. We will take account <strong>of</strong> all <strong>the</strong> mattersmentioned above, as well as consideringany suggestions that you and/or adjacentlandowners who are affected by <strong>the</strong>scheme, have about <strong>the</strong> route <strong>of</strong> <strong>the</strong>pipe, <strong>the</strong> timing <strong>of</strong> <strong>the</strong> works and <strong>the</strong>reinstatement <strong>of</strong> land/land drains anddiscuss <strong>the</strong>m with you. By <strong>the</strong> time <strong>of</strong>making <strong>the</strong> final decision about <strong>the</strong>route we will have taken into accountboth engineering and operational needsand costs, as well as any commentsor suggestions you or your agent havemade. If at this stage we are unable toagree with any suggestions or objectionsthat you have we will explain <strong>the</strong> finaldecision to you in writing.15. The period <strong>of</strong> notice allows time <strong>for</strong>any objections to be addressed be<strong>for</strong>ewe start work. At <strong>the</strong> end <strong>of</strong> that timewe hope that matters between us willhave been agreed. However, if you donot permit us access to your land inaccordance with <strong>the</strong> notice we gave youwe are able to apply to a Magistrate <strong>for</strong>a warrant to do so.16. Once we start work we will adhere to<strong>the</strong> notified route as far as possible. Wewill consult with you if we are not able todo so. If we find that we need to makesignificant changes that you are unableto agree <strong>the</strong>n we will serve anew notice.17. If, <strong>for</strong> any reason, <strong>the</strong> works do notstart on, or shortly after <strong>the</strong> proposeddate, we will advise you <strong>of</strong> <strong>the</strong> amendedtiming. Once <strong>the</strong> proposed starting dateis determined we should be able to giveyou a reasonable idea <strong>of</strong> how long <strong>the</strong>works will take and also how long weanticipate any reinstatement will take.Once a statutory notice has been servedyou should not do anything on <strong>the</strong> landin question that might hinder or preventus exercising our statutory rights, but youshould continue your normal agriculturaloperations up to <strong>the</strong> actual time <strong>of</strong> entry.If you are in doubt, please contact us <strong>for</strong>advice and clarification.Timing <strong>of</strong> <strong>the</strong> works18. Within engineering, operational ando<strong>the</strong>r constraints we will undertake <strong>the</strong>works at <strong>the</strong> time which will cause leastdamage to <strong>the</strong> land.Compensation19. If we cause any permanent loss in <strong>the</strong>value <strong>of</strong> your land as a result <strong>of</strong> <strong>the</strong>presence <strong>of</strong> our pipes or, if you will haveany temporary losses or disturbancecaused by <strong>the</strong> works, you may be entitledto claim compensation from us (seeparagraph 55 onwards).Agents20. In some circumstances you may feel it isappropriate to appoint an agent, e.g. asurveyor experienced in this type <strong>of</strong> work,to act on your behalf in advising you on<strong>the</strong> works, protecting your interests andassessing and agreeing your claim <strong>for</strong>compensation. Where our work involvespipelaying we would accept your grounds<strong>for</strong> appointing an agent. If you do so,we will pay <strong>the</strong> reasonable cost <strong>of</strong> <strong>the</strong>agent’s fee after <strong>the</strong> claim has beensettled. The maximum amount payablewill be based on a standard scale <strong>of</strong>pr<strong>of</strong>essional fees, known as Ryde’s Scale.If you require fur<strong>the</strong>r in<strong>for</strong>mation aboutthis you should consult with your agent.We would not usually pay legal feesunless we ask you <strong>for</strong> a <strong>for</strong>mal easementdocument that requires additional work.Record <strong>of</strong> condition <strong>of</strong> land21. We will make a full schedule <strong>of</strong> <strong>the</strong>condition <strong>of</strong> <strong>the</strong> working area, includingany buildings in close proximity, anyaccesses and any compound in respect <strong>of</strong><strong>the</strong> proposed scheme. This may consist<strong>of</strong> written notes, photographs or a videorecording with verbal commentary. Acopy will be sent to your agent prior to<strong>the</strong> scheme commencing or to you ifdo not appoint an agent. Please in<strong>for</strong>mus if you believe that we have omittedany relevant details. The purpose <strong>of</strong> <strong>the</strong>record is to help all parties check thatwe have restored <strong>the</strong> land to its originalcondition as near as possible unless youhave asked us to consider alternativeproposals and, that any buildings alsoremain in <strong>the</strong> original condition <strong>the</strong>ywere at <strong>the</strong> start <strong>of</strong> <strong>the</strong> works.Contacts22. Be<strong>for</strong>e <strong>the</strong> works commence we willgive you <strong>the</strong> name, business addressand telephone number <strong>of</strong> <strong>the</strong> personresponsible <strong>for</strong> supervising <strong>the</strong> works.We will also give you an emergencytelephone number <strong>for</strong> use outside normalworking hours.Location <strong>of</strong> pipes and equipment23. Normally all our pipes are laid belowground. We prefer to lay <strong>the</strong>m with900mm minimum cover to <strong>the</strong> crown<strong>of</strong> <strong>the</strong> pipe as this protects <strong>the</strong>m from4 <strong>Code</strong> <strong>of</strong> <strong>Practice</strong> <strong>for</strong> <strong>the</strong> <strong>Exercise</strong> <strong>of</strong> PIpelaying <strong>Powers</strong> on Private Land <strong>Code</strong> <strong>of</strong> <strong>Practice</strong> <strong>for</strong> <strong>the</strong> <strong>Exercise</strong> <strong>of</strong> PIpelaying <strong>Powers</strong> on Private Land 5