Michael Harman, Partner, specialist planning law solicitor and Head of Holmes & Hills’ Compulsory Purchase and Development Consent Division, was approached by the owners of a grade II listed building which fell within the boundaries of a proposed scheme for a new electricity pylon network. The owners wanted to advice on making representations to the National Grid, the authority proposing the pylons scheme, during an official public consultation period being run by National Grid.
National Grid had published a large amount of information in the public domain concerning the proposed Norwich to Tilbury pylons scheme. The scheme is planned to build approximately 184km of new electricity lines across the Norfolk, Suffolk and Essex countryside, connecting planned offshore windfarms to the onshore grid. Much of the 184kmn is to be overhead line and pylons. National Grid had communicated with property owners it had identified as being impacted by the scheme as was being proposed and commenced an official consultation.
The owners of a grade II listed building and estate contacted Holmes & Hills for advice on the scheme and what they perceived would be a detrimental impact of the scheme on the property and estate, as it was being proposed at the time. The property itself was used as a residential home, with the estate also comprising commercial offices, commercial storage, farming, livery and vacation rentals. The scheme, as proposed at the time, was to go through the estate, with cabling travelling over the grade II listed estate’s walled gardens. In addition to concerns of the owner about the impact of the pylons and cabling on such an historic building, the owner had also received concerns from businesses operating on the estate as to the impact of the proposed scheme on their businesses, for example the impact of the pylons and cabling on the desirability of accommodation.
In advising on the scheme’s impact on the property, Michael Harman argued that the public information, which lacked reference to the Grade II listed property, and lack of engagement by National Grid with the Grade II listed property owner was material. Particularly given the reference in public documentation to other Grade II listed properties also to be impacted by the scheme.
Michael advised the client that the best course of action at this stage was to make formal representations to National Grid.
In making representations to National Grid on behalf of the client, Michael highlighted the rarity of the property and estate. In addition, Michael emphasised the content of both the National Planning Policy Framework which identifies such properties as being an irreplaceable resource and emphasises that harm to, or loss of, such properties should be convincingly justified and wholly exceptional.
Further, in his representations on behalf of the client, Michael highlighted the duties which were placed upon National Grid, as the promoter of the scheme, by the Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of preserving such heritage assets/listed properties.
Ultimately, Michael convincingly argued and evidenced that National Grid had failed to adequately consider the property and that the scheme as proposed at the time was not appropriate in terms of its detrimental impact on the Grade II listed property an estate.
The result of the representation was that upon publication of a revised scheme plan, the route of the pylon network had been changed by National Grid, now specifically avoiding the client’s Grade II listed property and grounds.
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