BJP Residential Ltd. Chartered Surveyors, Estate Agents, Auctioneers & Valuers 104 Lammas Street, Carmarthen. SA31 3AP Tel: 01267 236363 Email:[email protected] Website: www.bjpco.com Registered Head Office: 104 Lammas Street, Carmarthen SA31 3AP. Registered in England NO. 6783306 I A R Jones BSc M.R.I.C.S., F.A.A.V J W Morgan J E Davies M.R.I.C.S. Company Secretary Please Reply To: Carmarthen Office JW Morgan 9th November 2015 The Planning Inspectorate National Infrastructure Directorate Temple Quay House Bristol BS1 6PN Notice of Landowners Objection to Brechfa Forest Connection Project Re: - Application for a Development Consent Order for the Brechfa Forest Connection Project Section 56(2) Planning Act 2008 and Regulation 8 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Ref: - BFC/AH/100 EN020016 Our Reference - BFC-OP0001/ The majority of BJP clients have confirmed that they have no objection to the line being installed underground but have a continuing and ongoing objection to the line being constructed over ground in accordance to the outlined proposals. We would confirm that all the following landowners object to the scheme on the following grounds: - All BJP clients object to the method of delivery employed by WPD to gain a consent order to develop the scheme via CPO procedure without entering into full negotiations with retained BJP clients. The proposed scheme causes significant diminution in Market value to the properties and landowners referred to below. There has been no discussion between the parties to discuss landowners overall losses including injurious affection and/or land reinstatement and disturbance payments. The rights that WPD wish to acquire to access maintain and repair/replace overhead line apparatus and shift and lift apparatus on clients retained land all needs to be discussed with appropriate clauses placed in easement/deed of grant legislation entered into between the parties in full and meaningful dialogue between the parties. The current situation with BJP having no meaningful dialogue with WPD has caused BJP clients to be seriously disenfranchisement. BJP are concerned that the procedures adopted by WPD will cause BJP retained clients to suffer significant diminution in Market Value of the retained property and the process adopted by WPD appears to be designed to avoid open and transparent negotiations between the parties and an overt reliance on the Inspector to rubber stamp the scheme with no requirement for WPD to adhere to the principles of compensation as set out in accordance to CPO procedure and recognised heads of terms set out in legislation. We ask the Inspector to delay the process or seriously consider abandoning the whole process in accordance to our concerns in the way WPD have conducted themselves in the process to date. More detailed landowner concerns are noted below. Forgive us but there is repetition in the objection letter but it is important that all landowners represented by BJP are fully set out. Appendix A and B are integral to the objection process and set out the frustration of BJP and Landowners when dealing with WPD and their paid representatives. We would confirm that the objectors comprise: - 1. Mr and Mrs B Patten, Tiffany Lodge, Llwyn yr Eos, Rhydargaeau, Carmarthen SA33 6BL Our Client has confirmed their continuing objection to the scheme. Our client has confirmed their property sits in close proximity to the preferred route and have confirmed that their property will be subject to depreciation in Market Value on the basis of a before and after assessment of the property’s Market Value, subject to the construction of the 132KW overhead transmission line in respect to the Brechfa Wind Farm Development. Our clients have confirmed that they have no objection to the line being installed underground but have a continuing and ongoing objection to the line being constructed over ground in accordance to the outlined proposals. The development as proposed will also create easements and rights of way across our client’s retained property which will have a further negative influence on the value of our clients retained property. Our clients have confirmed their continual objection to the scheme in accordance to the general objections noted below and also with specific reference to their own property and in particular the visual intrusion the new power line will cause to their retained property, in addition to rights and easements which are proposed by Western Power Distribution to access and maintain the line. The overhead line as planned by WPD will have significant injurious affection on our clients retained property. WPD have failed to negotiate with BJP in respect to land interest acquisition and the procedure adopted by WPD is not commensurate with guidance statements issued by DECC. The process recommended by the DECC has not been reflected in the compensation schedule proposed by WPD. In most cases the use of compulsory powers to install a new electric line requires the acquiring authority/electricity companies to try to negotiate a voluntary wayleave or an easement with landowners and/or occupiers of land before invoking more formal processes. This has not occurred and WPD have not abided to the guidance as proposed in their own documentation. In addition, by procedurally failing to agree times and dates for negotiations and by only agreeing to the payment of professional fees on a conditional basis, when signature of Deeds of Easement / Grant are attained that disallows objective professional representation, we again respectfully opinion that Western Power Distribution and its representatives are acting ultra vires, are Wednesbury unreasonable and in not allowing landowners to have the right to be heard in a negotiation prior to the commencement of compulsion proceedings in breach of natural justice. 2 BFC-OP0001 2. Messrs Evans, Nant y Boncath, Alltwalis Road, Alltwalis, Carmarthen SA32 7DX Our Clients have confirmed their continuing objection to the scheme. Our clients have confirmed their property sits in close proximity to the preferred route and have confirmed that their property will be subject to depreciation in Market Value on the basis of a before and after assessment of the property’s Market Value, subject to the construction of the 132KW overhead transmission line in respect to the Brechfa Wind Farm Development. Our clients have confirmed that they have no objection to the line being installed underground but have a continuing and ongoing objection to the line being constructed over ground in accordance to the outlined proposals. The development as proposed will also create easements and rights of way across our client’s retained property which will have a further negative influence on the value of our clients retained property. Our clients have confirmed their continual objection to the scheme in accordance to the general objections noted above and also with specific reference to their own property and in particular the visual intrusion the new power line will cause to their retained property, in addition to rights and easements which are proposed by Western Power Distribution to access and maintain the line. The overhead line as planned by WPD will have significant injurious affection on our clients retained property which has not been reflected in the compensation schedule proposed by WPD. In addition, our client’s farming practices will be much affected by the scheme as it is proposed. Our clients have confirmed that some of their best silage/grazing fields will be affected by the scheme and that the compensation schedule proposed by Western Power Distribution is not sufficient to cater for the losses caused by the scheme on our clients retained property. Our clients have confirmed their continual objection to the scheme in accordance to the general objections noted above and also with specific reference to their own property and in particular the visual intrusion the new power line will cause to their retained property, in addition to rights and easements which are proposed by Western Power Distribution to access and maintain the line. The overhead line as planned by WPD will have significant injurious affection on our clients retained property. WPD have failed to negotiate with BJP in respect to land interest acquisition and the procedure adopted by WPD is not commensurate with guidance statements issued by DECC. The process recommended by the DECC has not been reflected in the compensation schedule proposed by WPD. In most cases the use of compulsory powers to install a new electric line requires the acquiring authority/electricity companies to try to negotiate a voluntary wayleave or an easement with landowners and/or occupiers of land before invoking more formal processes. This has not occurred and WPD have not abided to the guidance as proposed in their own documentation. In addition, by procedurally failing to agree times and dates for negotiations and by only agreeing to the payment of professional fees on a conditional basis, when signature of Deeds of Easement / Grant are attained that disallows objective professional representation, we again respectfully opinion that Western Power Distribution and its representatives are acting ultra vires, are Wednesbury unreasonable and in not allowing landowners to have the right to be heard in a negotiation prior to the commencement of compulsion proceedings in breach of natural justice. 3 BFC-OP0001 3. Mrs DA Davies, Llwyn-Newydd, Alltwalis Road, Carmarthen SA32 7DZ Our Clients have confirmed their continuing objection to the scheme. Our clients have confirmed their property sits in close proximity to the preferred route and have confirmed that their property will be subject to depreciation in Market Value on the basis of a before and after assessment of the property’s Market Value, subject to the construction of the 132KW overhead transmission line in respect to the Brechfa Wind Farm Development.