Emmie Collier describes a typical project she has undertaken whilst working on the National Grid contract as a utilities surveyor.
Acting on behalf of National Grid will allow you to work on a variety of projects ranging from electricity work (Electricity Act 1989) to gas pipeline work (the Gas Act 1986 as amended by the 1995 Act). This in turn then leads into compulsory purchase and compensation work, which often arises as part of National Grid schemes.
The Project
In the autumn of 2015 we received instruction from National Grid Gas to arrange access and deal with any associated issues that arose in connection to a gas pipeline repair on Wallasey Bridge & Poulton Bridge Road which is located on the Merseyside Dock. Following a site visit it quickly became apparent that the gas pipe was leaking and therefore an emergency repair was required before the winter months which would result in a cut off gas supply to the nearby housing estates.
National Grid statutory rights
Despite having the Gas Act 1986 (as amended) Schedule 2, paragraph 7 rights to exercise in order to undertake repairs and replacement to gas pipelines, the pipe in parts was not accessible due it being located 10 metres under the concrete harbour. A diversion of the pipe was required and here we had to rely solely on negotiations with the landowners as National Grid do not have any statutory rights to divert a pipeline outside their current easement strip.
Issues arising on site
Emergency access was taken on site to undertake temporary repair where the pipe was leaking.
The contractors were faced with a number of elements that caused delays with the repair. These included:
- Poor weather – caused excavation digs to flood over pipe.
- Contamination of water which had to be pumped and transported away to be treated.
- Contractors severed the grantor's electricity cable (despite being aware of this cable) taking down part of their network on site (fortunately no one was seriously injured!).
- Site security – a number of vandals attempted to break into the site and damage equipment and as a result the site entrance was manned on a 24 hour basis during the critical stage of the works.
- The grantor would not allow all the works to go ahead at once as the new easement for the diversion of the pipeline had to be completed with solicitors before National Grid could complete the second part of the works.
Fisher German’s role
Following the initial Land Registry searches to identify the landowners we make contact with them to arrange access to their land for the pipeline repair. Fisher German were then challenged to negotiate a new easement for the pipeline diversion with the very commercially minded grantor.
Following a figure being agreed between Fisher German on behalf of National Grid and the grantor a number of issues evolved with solicitors. The key issues included:
- A tripartite agreement between the grantor, National Grid and another Utility company following the discovery of a new water pipe which encroached onto the six metre easement of the proposed National Grid pipe.
- A lift and shift clause including the terms in which the clause could be exercised by the grantor.
- The discharge of conditions of the original easement including the right to leave the redundant pipeline in the ground.
Going forwardThe easement is almost completed with solicitors and therefore the second part of the works are expected to take place in September, taking approximately twelve weeks. Following the completion of the works, Fisher German will then undertake compensation claims that will be due to the landowner for any loss, damage, inconvenience and time spent as a result of the National Grid gas pipeline repair work. For further information, contact Emmie Collier on 01530 410 680 or email here
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