The delivery of major infrastructure projects across Essex and, indeed, the wider East Anglian region has been, and continues to be, of vital importance to businesses throughout the area and the growth of the Essex and eastern region economies.  For the past two decades, Birkett Long has been at the heart of this, normally acting for landowners across the region, but sometimes acting for those responsible for implementing and delivering the infrastructure projects that will bring growth and success to the region.

Birkett Long was proud and pleased to partner with DP World/London Gateway during the early stages of the construction of the new port facility, by acting for London Gateway when it needed to compulsorily acquire land for transport links.  This related to both new road and rail links across the neighbouring farmland needed to make the port operational.  In addition, Birkett Long acted for London Gateway in is acquisition of land in the Kent marshes, needed for environmental set-off as part and parcel of the development of the port.  David Rayner who led the Birkett Long team working with London Gateway on these projects commented that “the work was procedurally challenging, to ensure that all steps were taken in the right order to guarantee that the project timetable could be adhered to without challenge”.

The Agriculture & Estates Team within Birkett Long has also been heavily involved in numerous other infrastructure projects.  These have included, acting for landowners, either when their land was threatened with compulsory acquisition by those carrying out the infrastructure construction, or to reach negotiated agreements to avoid compulsory acquisition.  David continued “We have provided advice to, and negotiated for, landowners affected by major projects including:- the widening of the M25, preliminary works and route protection for the Lower Thames Crossing, works connected to the A12 and the A120 through Essex, as well as road widening and rights to run utilities to various wind farms and other renewable projects in Essex, and the new proposed Sizewell C project in Suffolk”.

Landowners need expert advice from both lawyers and land agents who not only work in this geographic area but who also know the specifics of this area of work well.  There is a danger for landowners who use advisers who either have not been involved in this niche work area previously, or who have only dabbled in it.

Finally, as Head of the Birkett Long Environment & Energy Group, David Rayner commented that his team have also recently been advising landowners who are wanting to put in place either carbon off-setting Agreements or Agreements relating to biodiversity.  “Both infrastructure projects and housing developments are looking to find landowners who are willing to enter into these agreements to meet the obligations that central government is placing on them, to ensure that we are able to meet our net zero targets as a country”, David explained.  “These types of arrangements can also form part of Section 106 Planning Agreements, but we are seeing an increasing need for matters such as skylark plots, re-wilding, woodland and hedgerow planting and the creation of ponds to encourage wildlife and foster biodiversity.  Relocation of reptiles and invertebrates, and even the temporary housing of species during construction works, are becoming ever more relevant and important.  They all bring benefits to the locality and to the environment, but proper advice needs to be taken not just on deciding which parcels of land could be offered, but also considering the environmental consequences, the impact on the landowners tax position (especially Inheritance Tax) and for how long the land could be tied into the relevant scheme”.

Birkett Long has been working with both landowners and project developers to ensure that there is a win-win for both, and also for the wider environment and the economy.  This is truly the green economy in operation.

If anything in this article has interested you, please contact David Rayner at Birkett Long either on 01245 453826 or at david.rayner@birkettlong.co.uk.