IRWA San Diego 2015United Kingdom Presentation

High Speed Rail – Update

Energy – Land Assembly Issues

Magna Carta – 800 Years on!

HS2

A $100bn Railway that is challenging the basis of UK Compensation.

A catalyst for change.

HS1

HS2

Contact DetailsColin SmithSenior Director

CBREHenrietta HouseHenrietta PlaceLondonW1G 0NB

E: colin.smith@cbre.comT: +44 7182 2192M: +44 7985 876 138www.cbre.com

Modernising the UK Electricity Industry

Land Assembly

Richard GuyattPartner, Bond Dickinson LLP

Introduction to the UK electricity industry

• Old, nationalised centralised system• Transmission network dating from

50s and 60s – part of the post war settlement

• Generation mainly based on coal fired power stations located in the centre of the country

The Modern Industry

• Privatised by Margaret Thatcher 1989

• Split into Generation, Transmission (over 400Kv) and Distribution

• Privatisation led to a reluctance to use CPO powers – skills lost

• Urgent need to modernise for a more diverse energy mix

Key drivers for change:

• Climate Change• Traditional fuels

unpopular/running out• Aging Infrastructure• Energy security• The mix of energy needed –

nuclear, renewables and more traditional generation

Compulsory acquisition and energy schemes

• Process:o Scheme formationo Planning and CAo Negotiations in parallelo Inquiry by Gvt Inspectorso Decision by Secretary of Stateo High Court challenge on

procedural groundso Challenges usually based on

European Union environmental legislation

As a result of the need to modernise:• Government devised a new process

with:– National Policy Statements

approved by Parliament– Decisions in accordance with NPS– Centralised decision making on

individual schemes– a drive to early engagement and

negotiation• Funding – schemes mainly by European

nationalised electricity companies

Case Study - Rampion• 400 mw array 12 miles off

Brighton• German owner• Onshore connection point 20

miles inland • Underground cables through

ancient chalk South Downs• Early engagement• All landowners signed• Only CA is for unknowns• Onshore start in June

"Windfarm cables could wreck Sussex Bronze Age monument"

Case Study - Dudgeon• 400 MW Array• Owned by Norwegian state oil

companies • 24 miles offshore• 30 mile onshore underground

connection• 29 miles signed in 6 weeks• One owner delayed scheme for a

year –signed once CA powers given by SoS

• Onshore works started last month

Case Study - Navitus• 970 MW scheme 12 miles south of

Dorset coast• Dutch and French public companies• Affluent coastal communities –

many retired residents• 30 mile onshore underground cable

corridor (1/3 of which owned by one family!)

• Almost all other owners have signed

• Highly controversial• No decision yet – but challenge

inevitable

Fracking in a crowded country• Attempt by Government to kick-

start new industry • Most reserves under well-

populated areas• bypassing traditional land

ownership - Cuius est solum, eius est usque ad coelum et ad inferos

• Deep level right of use• Possible community funds – but

no right to compensation for landowners

Conclusions

• Busy time for land assembly • Engaging early and being reasonable are universal• How to deal with those that just will never agree?• Ensure everyone has their say? • Or remove the opportunity for debate?• Government increasingly prepared to change the rules to provide

for its energy policy to be realised swiftly

Contact Details

Richard GuyattPartnerPlanning & Infrastructure

Bond Dickinson LLP3 Temple QuayTemple Back EastBristolBS1 6DZ

T: +44 845 415 6877M: +44 7968 427076

richard.guyatt@bonddickinson.com

Twitter: @RGuyatt

www.bonddickinson.com

Magna Carta – and itscontinuing relevance in the

modern age

Meyric LewisBarrister at Law

Francis Taylor BuildingTemple, London

www.ftb.eu.com/members/meyric-lewis.aspwww.parliamentlive.tv/Event/Index/2778421e-863f-4fc7-bffc-f43e7ca7f750

Magna Carta 1215

Temple Church, London – 1185

Magna Carta Island, Runnymede

King John signing Magna Carta – spot the mistake?

A more accurate representation?

• Lord Bingham of Cornhill, Lord Chief Justice:

• “It would be a travesty of history to regard the barons who confronted King John at Runnymede as altruistic liberals who wanted to make the world a better place”

• The Rule of Law 2010

Magna Carta

• Sealed (not signed!) in 1215• At Runnymede, Surrey, UK• (Chosen because its marshy meadows meant

neither side could ambush the other with a cavalry charge)

• Certain key provisions are still relevant today

• [39] No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

• [40] To no one will we sell, to no one deny or delay right or justice

• [20] For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly

• [14] No 'scutage' or 'aid' may be levied in our kingdom without its general consent

• That is, “no taxation without representation”

Artist: Paul Revere Printer: Benjamin Franklin

• Compare the provisions of Magna Carta above with• “No person shall be deprived of life, liberty, or

property, without due process of law; nor shall private property be taken for public use, without just compensation”.

• Fifth Amendment to the US Constitution (1791)

And note Sixth Amendment, the right to a speedy and public trial by an impartial jury

NB “no taxation without representation” not apparently in the US Constitution but fundamental to concept of independence

• But certain other provisions of Magna Carta have less enduring relevance today:

• [33] All fish-weirs shall be removed from the Thames, Medway and throughout the whole England, except on the sea coast

• [50] We will remove completely from their offices the kinsmen of Gerard de Athee, and in future they shall hold no offices in England...

•

Other significant milestones:

Universal Declaration of Human Rights, United Nations General Assembly 1948

An “international Magna Carta for all mankind”– so described by Mrs Eleanor Roosevelt, Chair

of the Drafting Committee

• Compare:

• European Convention on Human Rights 1950

• UK Human Rights Act 1998, Article 1 of 1st Protocol:

• “No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law”

• But concept of “no expropriation without compensation” already woven into UK law, eg expressly invoking Magna Carta:

• A-G v. de Keyser’s Royal Hotel [1920]

• de Rothschild v. Secretary of State [1989]

US Supreme Court – Magna Carta

UK Supreme Court – Magna Carta

Magna Carta Memorial – American Bar Association 1957“To commemorate Magna Carta, Symbol of Freedom under Law”

Magna Carta – and itscontinuing relevance in the modern age

Meyric LewisBarrister at Law

Francis Taylor BuildingTemple, London

www.ftb.eu.com/members/meyric-lewis.aspwww.parliamentlive.tv/Event/Index/2778421e-863f-4fc7-bffc-f43e7ca7f750