Chartered Surveyers & Valuers

Swamp Reservoir, Sowerby Bridge, Halifax

Strafford Associates represented the Ryburn and Halifax Angling Society (RHAS) in response to steps taken by the local electricity distribution company to prohibit fishing on waters owned by the club at Sowerby Bridge, West Yorkshire.

RHAS have managed and fished Swamp Reservoir for more than fifty years. The society purchased the site in 1984, formerly having occupied by way of a lease.
The site was affected by a number of wayleave agreements with the local electricity distribution company in relation to two overhead 33kV supplies, two overhead 11kV supplies and a low voltage overhead supply.

Strafford Associates was initially contacted by a representative of the National Federation of Anglers, who was seeking advice on behalf of its member club the RHAS, in relation to angling exclusion signage erected by the local electricity distribution company.

The angling restrictions were imposed by the distribution company following a risk assessment undertaken in accordance with the Electricity Networks Association Guidelines for Angling Safety.

Strafford Associates undertook a thorough review of the various way leave agreements and entered into lengthy discussions with the local electricity distribution company. Ultimately agreement could not be reached on a mutually acceptable resolution to the situation; Strafford Associates therefore recommended RHAS terminate its wayleave arrangements with the distribution company. Negotiations continued unsuccessfully during the twelve months notice period. After termination of the wayleave agreements, a notice was served on the distribution company to remove the equipment from the land in accordance with statutory provisions.

This situation gave rise to the distribution company seeking a necessary wayleave from the Secretary of State at the Department for Energy and Climate Change in accordance with the provisions of the Electricity Act 1989.

In accordance with the provisions of the Act, the Secretary of State ordered that a Necessary Wayleave Hearing be held before one of its Engineering Inspectors.
RHAS were represented by Strafford Associates and the National Federation of Anglers at the Necessary Wayleave Hearing.

The Secretary of State’s decision following the Necessary Wayleave Hearing was that the distribution company could retain a single 33kV circuit over the reservoir, and was given a further twelve months to continue discussions with the RHAS, or to remove the other four circuits.

Consequently, discussions were resumed and an accommodation was ultimately agreed that was mutually satisfactory to the parties.
Strafford Associates have extensive experience of working in the highly regulated and complex area of statutory utilities. We are able to offer advice and assistance to landowners, occupiers or statutory authorities on land and compensation matters arising from the exercise of statutory powers.