We are landowner’s and an affected party as defined under S.59(4) the PA2008 on the proposed Grimsby to Walpole National Grid Electricity Transmission project. I am writing to the Planning Inspectorate (PINS) at this early stage for two reasons; Firstly as well as being a landowner, I am a Chartered Surveyor who advises a number of Acquiring Authorities as I specialise in NSIP applications as a CPO practitioner. I therefore have experience with the appropriate use of Statutory Powers and advise on such. We received a letter from Dalcour Maclaren (DM) which I attach titled “request for non-intrusive surveys”. The letter is dated 13th March 2024, and confirms the deadline for our consent to their request for non-intrusive surveys is the 5th April 2024. However, on the 25th March we received a separate Legal Notice dated 22nd March 2024 pursuant to S.174 of the Housing and Planning Act 2016 (S.172-179 of the HPA 2016). This notice was served on us via recorded delivery. I would like to report to the Planning Inspectorate what I deem to be a blatant abuse of the use of Statutory Powers by National Grid at their disposal at this early stage, which I consider to have been used unlawfully and prematurely; this is nothing short of a one sided unprovoked use of aggression by a Statutory Undertaker which brings the entire industry into disrepute. It is bad practice and I urge PINS to advise those representing National Grid on this scheme on their duty to consult, and attempt to obtain consent(s) by all voluntary means available to them, and at the very least through reasonable endeavours during the pre application process under the PA 2008. It is my understanding that the use of powers should always be the exception rather than the rule, where all other avenues have been exhausted. Furthermore, NG should also be encouraged to attempt to obtain consent for all similar surveys by agreement. DM should be advising NG not to fire directly at affected persons who have not yet responded; given that at the time of the correspondence we are still 14 days before their own imposed deadline of the 5th April. My agents Tony Dale and Charlotte Martinson of DDM inform me that I am not an isolated case, and that DM have already served notice on a significant number of landowners prior to their confirmed deadline on this scheme, which is beyond belief and completely unacceptable under the circumstances, at this very early stage in proceedings. I question DMs conduct in this. Besides three generic letters in relation to non intrusive survey access, DM on behalf of NG have not attempted in any other way to consult us, or provide information on surveys or timings of such to either our agents DDM (who represent a number of landowners on the scheme), or ourselves. DM on behalf of NG have not taken any other reasonable steps whatsoever beyond lazy mass mail merges. In this instance DM have not undertaken any form of diligent inquiry to confirm the correspondence address for the survey requests is correct. Perhaps this is because NG in this instance deem themselves to be above the planning regime, and do not intend to honour the deadlines set out by their own appointed agents DM? I consider this to be unacceptable given that as an example, I am currently in contact (see attached letters) with David Jones of DM who is a project manager on this scheme, and whilst we have not specifically addressed surveys in correspondence to date; I have not objected to the scheme or further stated my intention to obstruct or refuse access for non intrusive surveys. I am very amenable and currently trying to proactively arrange a meeting to discuss the scheme with David Jones and NG, and had planned on discussing non intrusive survey access logistics across our working farm at the meeting, prior to this letter. Therefore serving notice on us at this stage is a blatant abuse of the Statutory Powers. Whilst the wording on using S.172 – S174 is limited and open to interpretation, the recent case in Sawkill vs Highways England (2020) has demonstrated its effectiveness vs S.53 of the PA2008, or schedule 4 under the Electricity Act 1989 where access is required. S.174 is widely regarded as being robust and timely within the industry but it is respected as being a measure taken as a last resort, which is also my experience. National Grid have breached these terms unequivocally. Even if PINS deem this use to be lawful, it is in my opinion not in the sprit of engaging with landowners, and again I urge PINs to remind NG of their responsibilities under the PA 2008 during the process. Secondly, I attach “2325-1 NG Land development” which is a landowner payments schedule in circulation in 2011. I am disappointed that the annual payment National Grid are offering landowners for access for over 30 different non intrusive survey types in 2024 remains at £250. I used to work on behalf of National Grid on the Hinkley C Connection project between 2011 and 2016, and National Grid were offering the same sum of £250 for surveys then. This was over 13 years ago. Based on indexation I suggest the equivalent payment rate should be increased to £400 per landowner for the annual period of non intrusive surveys; to reflect the principle of equivalence across the board in 2024. I trust that as the Planning Inspectorate, you have the jurisdiction to recommend NG increase their rate of payment on offer to landowners who consent to non-intrusive surveys to this level in order to reflect a proportionate level of compensation to the damage and disturbance caused. Finally, you will also note on page 2 that the schedule states “whilst voluntary agreement is always sought…” How ironic by their own conduct that this is not the case. I trust you will consider and respond to the two points I have raised as going concerns.

Thank you for your email and raising these matters with the Inspectorate. It is a matter for individual applicants to decide how they pursue access for surveys, including what legislation they rely on. The Inspectorate’s jurisdiction is limited to administration of the Secretary of State’s powers under section 53 of the Planning Act as set out in the Nationally Significant Infrastructure Projects - Advice note Five: Section 53 – Rights of Entry (Planning Act 2008). We do not have any powers in relation to the application of s174 of the Housing and Planning Act 2016 and are therefore unable to advise on the reasonableness or otherwise of National Grid’s actions, however we will make National Grid aware of the concerns you have raised.