Scottish Land & Estates has submitted a detailed response to the government’s draft “Necessary Wayleaves in Scotland: Guidance for Applicants, Landowners and Occupiers” . In it we have generally welcomed the guidance but made a number of recommendations for improvement. The Scottish Government has already confirmed it will incorporate a number of our recommendations in the final guidance.
SLE welcomed the clarification of recommended timescales in the process and the introduction of a standard set of supporting information when a necessary wayleave application is made, which would include evidence of discussion with the landowner/occupier by the operator. We have concerns about the recommended period for a necessary wayleave being increased to 40 years. If this duration was sought it would need to be carefully justified particularly where land has development potential and where a servitude could already be acquired under compulsory powers.
Thanks to the wayleave sub-group and in particular Brodies LLP for their assistance in preparing the SLE response.
The Draft guidance can be found at: http://www.scotland.gov.uk/Topics/Business-Industry/Energy/resources/Consultations/DraftWayleaveGuidance2013
To view the SLE Response please click on attachment below.