SOE Examples L2 Flashcards

(94 cards)

1
Q

LAND REGISTRY FOR GRANTOR CHANGES

What documents do you need to request if land registry has not updated?

A

TR1 or TP1 form

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2
Q

LAND REGISTRY FOR GRANTOR CHANGES

What if land is unregistered?

A

Request any deeds, leases associated with the property which may be able to prove ownership

However, if land has changed hands, legally the new owner would have to register this to HMLR. (if freehold, or lease over 7 years)

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3
Q

LAND REGISTRY FOR GRANTOR CHANGES

What was the land referencing process?

A
  1. Know location from assets
  2. Review title with pylon on (or adjacent if relevant)
  3. Download title
  4. Write to old and new owner if not shown
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4
Q

CULVERT DISCOVERY

How did you know where to look?

A

Libraries have published maps in their ownership which are out of copyright (over 50 years old). It was clear the culvert was Victorian from the build design and materials.

Found in Scottish Library

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5
Q

CULVERT DISCOVERY

How did you determine ownership?

A

Presumed that the landowner above the culvert would have had dealings with this construction originally. Reviewed all records of ownership - only records with the council.

Council are also the LLFA for ordinary watercourses. It was therefore the most sensible option to register as an ordinary watercourse with the council for £50.

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6
Q

CULVERT DISCOVERY

What is an ordinary watercourse and how is it registered?

A

Not a mains river

Need to complete the relevant form with the LLFA (LPA) and pay £50 fee - provide maps, evidence and information on the landowner.

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7
Q

SUBSOIL REPORTING HYNET

Please explain the ad medium filum rule

A

Any land which abuts an unregistered highway or watercourse, it is a legal presumption that the landowner on either side of the highway or watercourse owns the subsoil rights up to half way.

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8
Q

SUBSOIL REPORTING HYNET

When would the ad medium filum rule not apply?

A
  • If stated otherwise
  • If there was a sudden change to a watercourse
  • Tidal waters
  • If land is registered
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9
Q

SUBSOIL REPORTING HYNET

Where do subsoil rights extend?

A

Under common law, technically to the centre of the earth and the heavens in the sky unless specified.

A 2010 case stated that it should be only to 1000ft, but only a presumption

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10
Q

SUBSOIL REPORTING HYNET

How did you split the parcels?

A

Informed GIS team of exactly where to split based on the ad medium filum rule. Once outputs were received I advised on any more changed and assigned relationships to the mapping accordingly.

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11
Q

CROP ACCESS RECOMMENDATIONS

What is a typical 5 year crop rotation in your area?

A
  1. Winter Wheat
  2. OSR
  3. Barley
  4. Beans
  5. Winter Wheat

May also have maize in Cheshire - would potentially have barley or grass in after maize.

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12
Q

CROP ACCESS RECOMMENDATIONS

Typical harvests for wheat?

A

£190/tonne

3-4 tonnes per acre

2025 is as low as £170 though

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13
Q

CROP ACCESS RECOMMENDATIONS

Typical harvest for maize?

A

Really depends on the weather and soil for size.

Roughly £100-200 tonne with a price per acre between £1500-£4000

Yields of around 16-21 tonnes per acre

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14
Q

POTATO YIELDS

What variety of tools do you use?

A
  • AHDB (Agriculture and Horticultural Development Board)
  • NAAC for contract farming prices
  • ABC (Agricultural Budgeting and Costings) Book by Agro Business Consultants
  • Google Earth for measurement
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15
Q

POTATO YIELDS

What was the landonwer claiming for?

A

70% Loss in year 1 and 30% loss in year 2.

Work was carried out in October, but crop wouldn’t be planted until spring, which gave the ground 6 months to recover.

Therefore arranged for 50% full and final on

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16
Q

POTATO YIELDS

How was the yield determined?

A

Based on previous yields in the area, but noting that potato yields can vary massively, and assuming crop is not blighted. Between 10-28 tonnes per acre

2024 was 16.4 tonnes per acre, @£300/tonne for bakers potatoes

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17
Q

BIOSECURITY MEASURES HULL

What disinfectant did you use?

A

DEFRA-approved Virkon S Disinfectant

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18
Q

ARCHAEOLOGY MAPS FOR ACCESS

Why use a KML?

A

Easy to share, can be viewed in google earth which most people have access to as it is free to use. Clear point/ polygon data - if created in google earth using recent data, the points should be highly accurate.

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19
Q

ARCHAEOLOGY MAPS FOR ACCESS

What is the difference between a KMZ and a KML?

A

KMZ is zipped - so contains icons and images

a KML is just the text (coordinates etc.,)

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20
Q

ARCHAEOLOGY MAPS FOR ACCESS

How did you ensure precise results?

A

Utilised w3ws

Used Map overlay with different basemaps

On site referencing.

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21
Q

ELECTRICITY ACCESS PLANS

Why use W3Ws?

A

3x3 metre accuracy in a common language people can understand. Easy for understanding access points or specific points which cannot be described with a landmark.

It can overcome the limitations of traditional addressing systems, particularly in areas with poor or non-existent addressing, or when extra accuracy is needed.

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22
Q

NGET PYLON IN GARDEN

How did you compensate the landowners in each garden?

A

£30/hr compensation for the time they couldn’t spend in their respective garden for safety reasons during the works.

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23
Q

ELECTRICITY ACCESS PLANS

How you determine the best scale to use for plans

A

Typically 1:1250 - 1:5000 but depends on length of access from the main road and any key features which need to be shown. If necessary I may use a larger scale map to accompany and show specific hazards.

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24
Q

ELECTRICITY ACCESS PLANS

How do you determine the route is in line with land rights?

A

Check land rights/documents/deeds which show rights on a plan.
My client has these on record

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25
PIL MERGE How was the PIL merge GDPR compliant when displayed on the GIS?
No personal or sensitive information listed
26
PIL MERGE What is personal information? What is sensitive information
Personal data is information that relates to an identified or identifiable individual. What identifies an individual could be as simple as a name or a number or could include other identifiers such as an IP address or a cookie identifier, or other factors E.g. medical records, race, religion
27
PIL MERGE What restrictions are there on personal data?
Personal data must be processed for specified, legitimate purposes, kept accurate and up-to-date, and retained only as long as necessary. Individuals also have rights regarding their data, including access, rectification, and erasure
28
PIL MERGE How do you utilise the ARCGIS pro interface?
Using various types of map overlay to display survey/project data in order to produce maps for information purposes to the client and or stakeholders.
29
CPO Ulverston What documents did you supply?
- CPO Maps - Public Openspace statement - Statement of reasons - CPO notice under Gas Act 1986 (Schedule 3) and ALA 1981
30
CPO Ulverston Why did you need to deal with the local council?
The consulting authority for a CPO is the LPA
31
CPO Ulverston How did you serve notice on unregistered land?
"Owner/occupier" "To whom it may concern" erected on site and checked (and replaced if applicable) every week for 6 weeks
32
REVIEW OF LAND VALUES HYNET What is a comparable?
Properties that are similar to the one being valued, bought, or sold.
33
REVIEW OF LAND VALUES HYNET How do you determine what the best comparables to use are?
These properties should share key characteristics with the subject property, such as size, location, condition, and features, to ensure an accurate valuation. Should be similar to clients instructions
34
REVIEW OF LAND VALUES HYNET How did you agree easements ahead of DCO submission?
Option agreements signed voluntarily - legally binding but don't burden the landowner if DCO not accepted.
35
SECTION 42 HYNET Who were the relevant parties?
- Statutory consultees e.g. Local councils, Natural England, National Trust, Duchy, Environment Agency - Cat 1 - PILs (Landlords, Tenants, Occupiers) - Cat 2 (anyone with a legal interest) - Cat 3 (Any potential claimant outside of Cat 1 and 2 e.g. neighbours)
36
SECTION 42 HYNET What section details that you need to consult the wider community?
S47 (Planning Act 2008)
37
SECTION 42 HYNET What section are the relevant parties defined?
S44 (Planning Act 2008)
38
SECTION 42 HYNET What is Section 42?
The duty to consult all relevant parties as part of a DCO application
39
ROC RUNCORN LOGISTICS Other than H&S, what purposes does an inspection have? / Why might you need to do an inspection?
Compensation, Verify Plans, Insurance Requirements, Assess Environmental Impact Also (arrears, rent review, marketing - if thinking commercially)
40
ROC RUNCORN LOGISTICS How did the site differ on the second inspection?
Dynamic site - containers had been moved, lorries parked in different locations. As there is no clear defined pedestrian route (from office to working area), this altered the RAMS and route, caveating that further changes may occur when on site.
41
BURY MID CONSTRUCTION COMPLIANCE What does your client's code of practice state?
Working hours specified as not being outside 7-7 Full supervision of employees at all times No straying outside the working area Landowner has access to the site when they require it
42
BURY MID CONSTRUCTION COMPLIANCE What was non-compliant and how did you address it?
I had agreed a parking licence at 6 specific spaces. There was more than 6 UU vehicles present and some were outside the working area. I addressed this, directly to the contractors and client to ask if we required an extension to the licence parameters given the breach of the licence terms. Client preferred to put additional cars elsewhere and landowner was not concerned but addressed that this wouldn't happen again. Also heras fencing was down at one side of the compound, and would need reinstating.
43
SITE SELECTION NGET BOLTON What was the client's instructions?
- Secure location - £5000 budget - 3 month period - no lease - Near to scheme
44
SITE SELECTION NGET BOLTON You reported back to the client, what was the outcome?
- Sites were suitable but couldn't price on one - Grantor insisted on a lease, which client was not prepared to do. Alternative was proposed therefore to store vast majority at substation for free, and negotiate a two-week licence for the full fittings work nearby to the tower.
45
BNG HYNET What made the land suitable for BNG?
Land which was low grade agricultural land, or land which had been taken out of production. Not of detrimental use to the landowner.
46
BNG HYNET What were the clients requirements?
- To locate farmers on the project with over 1000 acre holdings - To speak to landowners to gauge their receptiveness - To only recommend landowners which could be amenable (non-stat BNG as before May 2026)
47
BNG HYNET What is environmental mitigation and how was it determined on the project?
The process by which measures to avoid, minimise, or compensate for adverse impacts on the environment are applied. (not going beyond that) It was applied for instance with Otter and Watervoles - where there was evidence of them near watercourses, we extended the RLB to create areas for the Watervoles to go to. This was non-voluntary, but could be changed
48
NON INTRUSIVE/GROUND INVESTIGAITON SURVEYS HYNET How did you provide recommendations on your daily GI calls?
Gave the contractors the latest info on the next landowners and their readiness for us, any issues with agents, timings, access etc.,
49
ADVERSE POSSESSION MARKET HARBOROUGH What is adverse possession?
Allows someone to gain legal ownership of land they've occupied without the owner's permission (but without objection) for a specific period - 10 years for registered land, 12 years for unregistered land
50
ADVERSE POSSESSION MARKET HARBOROUGH How is adversely possessed land registered?
Formal evidence is required to show period of occupation and no objection from landowner Formal ADV1 form + statement of truth detailing claim is submitted to HMLR. HMLR will notify the proprietor to allow for any objections.
51
ADVERSE POSSESSION MARKET HARBOROUGH How can an adverse possession claim be rejected?
- HMLR can reject on basis of false or lack of evidence - Objector can serve a counter notice to reject the application If rejected a further application can be made 2 years after.
52
ADVERSE POSSESSION MARKET HARBOROUGH How did the dwellings encroach?
Permanent structure had been built within 1m of tower. Could easily climb above the ACD - therefore a breach of the easement.
53
ADVERSE POSSESSION MARKET HARBOROUGH What did the easement say?
No specific reference to this type of situation, but there is a duty of the landowner to keep the tower free from obstructions, and safe. Therefore I instructed legals to review.
54
STATUTORY RESPONSIBILITIES WATER Why couldn't you serve a notice
Work in this area was not on, or requisite to a relevant pipe. Serving a notice would therefore be invalid
55
Give me an example of a time you have implemented rule of conduct 1
- Identified conflict of interest in St Helens - fellow colleague acting for landowner. I was acting for utilises company against them. - acted promptly and honestly for when conflict was identified to take steps to manage it
56
Give me an example of a time you have implemented rule of conduct 2
I actively seek CPD to improve my professional development. I sought out a seminar with the local CAAV group to gain some knowledge on BNG, and CPO from a landowners perspective. Another example - I attended a webinar on CPO inquiries to understand more about the process
57
Give me an example of a time you have implemented rule of conduct 3
When presenting to a client on landowner relations at various potential investigation sites, I went above and beyond and to provide detailed explanations of the land types, relationships. I was able to provide local knowledge and realistic expectations on achievability of the scheme.
58
Give me an example of a time you have implemented rule of conduct 4
I actively encouraged my growing team to undertake a team charter, in which we discussed individual work preferences and how each other can be accommodated best to allow the team to thrive. I listened to everyone’s feedback and suggestions and contributed to the overall charter.
59
Give me an example of a time you have implemented rule of conduct 5
When attending a public consultation event for a DCO in Warrington, I was able to inform the public of what would be expected of the scheme, settle any nerves for the individuals and dispel any false rumours (e.g. explosivity, traffic, size of pipe)
60
CROP ACCESS RECOMMENDATIONS What were the current prices of each crop (maize and wheat) when you provided the recommendation?
September 2024 (from AHDB) -Spring Wheat = £202.60/tonne - Maize = £138.81/tonne (but yields circa 5 times more tonnes per acre)
61
POTATO YIELDS What was the claim for? What did you settle on that made you save the client £1000?
Claim: 70% reduction at 20t/ac at £220/t over 0.5acres = £1540 Settled: 50% reduction at 16.2t/ac at £202/t over 0.35acres = £572.67
62
BIOSECURITY MEASURES HULL Why should farms to implement biosecurity?
Under Control of Substances Hazardous to Health Regulations (COSHH) 2002 Farms should prevent the spread of animal disease by following good hygiene and biosecurity standards.
63
SITE SELECTION NGET BOLTON How do you measure a yard? AND what typical features would you look for in a yard?
Measure using disto or metre wheel. Repeat measurements, and check with satellite tools. Looking for flat space, secure space, cameras, shelter, welfare, racking in the some cases
64
SITE SELECTION NGET BOLTON what makes it an industrial yard as opposed to just a yard
If it has been designated as B2 B8 use class
65
SITE SELECTION NGET BOLTON how did location impact your client requirements?
Location was key to get somewhere as close to the middle of the OHL. This would save time and money as a base.
66
HABITAT MANAGEMENT EAST YORKSHIRE What is a HMMP?
A Habitat Management and Monitoring Plan is a template provided by Natural England detailing how you will maintain your land, who will be responsible, timescales. It is produced by an ecologist It can be included within the legal agreement but does not replace the legal agreement.
67
HABITAT MANAGEMENT EAST YORKSHIRE What is the BNG process for registering land?
1. Baseline survey 2. HMMP 3. Legal agreement (s106 or conservation covenant) 4. Net gain register
68
HABITAT MANAGEMENT EAST YORKSHIRE What was your advice?
Following meeting with parties involved I was able to advise my client on the most suitable supplier. The firm was not the cheapest but was competitive, and clearly had a wealth of experience in the area, as well as the capacity to undertake the works and commit to the first 10 years of the programme. Did not want the risk of the supplier pulling out. Company was Ground Control
69
HABITAT MANAGEMENT EAST YORKSHIRE What if the land changed hands? What if supplier exited on year 5?
HMMP could be updated.
70
HABITAT MANAGEMENT EAST YORKSHIRE What was included within the option agreement
This is just a pre agreement to secure the lease. Secures the rights to enter into a longer agreement. So didn't have 30 year commitment here, but the initial 3 years with a view of reviewing the 30 years in the lease. - rights - deadlines - responsibilities - consideration
71
HABITAT MANAGEMENT EAST YORKSHIRE How did you assess each company?
- Price (all fixed rate) - Term (one could commit for first 5 years, one for 3 years before review) - Location (one was Nationwide with an office in Leeds, the other based in Devon)
72
HABITAT MANAGEMENT EAST YORKSHIRE What prices were you quoted?
£10,000 per hectare from larger firm £8,500 per hectare for smaller firm Both for the 30 years, but with chances to review every year at the start and then every 5 years after the 5th year.
73
HABITAT MANAGEMENT EAST YORKSHIRE What was the size of the site?
92ha (227ac)
74
HABITAT MANAGEMENT EAST YORKSHIRE What factors did you consider when picking who to go with?
- Anything about the companies - How long they had been trading - What their set-up was - Financial due diligence
75
VEGETATION CLEARANCE BOLTON Why did you advise your client to undertake the works urgently?
Due to bird nesting season. Potential fines from council/RPA, police and wildlife crime officers, Natural England. Nesting season is 1st March to 31st August Ecological reports from previous instructions had indicated bird nesting potential which I raised.
76
VEGETATION CLEARANCE BOLTON Why did the regulations apply?
Hedge was not abutting a road.
77
VEGETATION CLEARANCE BOLTON If ecologist advised the nesting, what did you advise?
- Save time doing now - Save money as no penalty costs - Does not damage clients reputation - Understanding landowner = Busy riding school, summer is very busy so better to get the de-veg done now.
78
NORTH WALES CPO LAND RIGHTS What existing land rights did people have?
a mixture of easements and wayleaves with varying degrees of rights. Many wayleaves have lapsed and an implied wayleave is not in place.
79
NORTH WALES CPO LAND RIGHTS How was your client accessing land with no land rights?
Via negotiation (or notice)
80
NORTH WALES CPO LAND RIGHTS How did you reference the registered land?
Sending LIQs to known grantors to get them to update us with any owner/occupier information and confirm parcel plots.
81
NORTH WALES CPO LAND RIGHTS How did you reference the unregistered land?
Erected site notices in public areas as near as possible to the land parcel, and performed door knocking exercises where suspected landowners were. Erected notices and kept in place for 6 weeks, checking (and replacing, if necessary) every week. Grantors called my number from the notice and were able to provide information. I proceeded by acquiring the original title deeds from the grantors in order to prove ownership.
82
CPO ULVERSTON What is a statement of reasons?
A document which sets out the extent of the Project and justification for seeking compulsory purchase powers within the Order. Demonstrates that the public benefits of the Project substantially outweigh the private rights affected and that there is a compelling case in the public interest.
83
CPO ULVERSTON What is The Town and Country Planning (General Permitted Development) (England) Order 2015, or GPDO 2015 ?
a UK statutory instrument that grants automatic planning permission for certain types of development in England, bypassing the need for a formal planning application to the local authority. It lists specific development types in its schedules, such as certain home extensions, changes of use between commercial premises, and the installation of renewable energy equipment, that are permitted by right.
84
CPO ULVERSTON What section was used for the Gas Act 1986?
Section 9 Para 1 Schedule 3
85
CPO ULVERSTON What section was used for the ALA 1981?
Para 6 Schedule 3
86
ROC RUNCORN LOGISTICS Why was it important to undertake another inspection?
- To allow for dispute prevention as a result of the access changes
87
NON INTRUSIVE/GROUND INVESTIGAITON SURVEYS HYNET How did you ensure an efficient and effective method for gaining consistent access for surveys?
- All info readily available in real time (accessible, notice maturity dates, cropping plans) - All access requirements listed - Daily updates from on site contractors
88
NON INTRUSIVE/GROUND INVESTIGAITON SURVEYS HYNET What type of claims did you negotiate at the end?
- Crop loss - Disturbance - Reinstatement e.g. Pasture land at Weaverham
89
NON INTRUSIVE/GROUND INVESTIGAITON SURVEYS HYNET Talk me through one of the claims you negotiated
- Pasture loss following GI works at weaverham - 50% losses to first and second cuts for silage - claimed area of 1ac. Used inspection report to justify this down to 0.5ac - 7 and 5 bales lost per cut per ac @ £30/ bale.
90
REGISTRATION OF CULVERT Why was the Scottish library useful to check?
Offers extensive digitized OS maps Features a georeferenced map viewer allowing you to overlay historical maps onto modern ones.
91
REGISTRATION OF CULVERT Did you research any other libraries for historical data?
Yes British Library & Bodleian Library (Oxford)
92
SUBSOIL REPORTING HYNET What did you do if the PIL form was not returned?
- Send chaser - Attempt contact via phone/email - Door knock If all else fails the ad medium filum rule will apply by default.
93
Can you tell me about an article you read in MODUS Magazine
I read an article by Oscar Selby detailing how WFH patterns have evolved as a result of Covid-19 and post Covid-19. Biggest factor = commute
94
HABITAT MANAGEMENT EAST YORKSHIRE What accreditations did you look for for the firms?
Qualified, have insurances, safety policies RAMS etc.,