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IRWA San Diego 2015United Kingdom Presentation
High Speed Rail – Update
Energy – Land Assembly Issues
Magna Carta – 800 Years on!
Contact DetailsColin SmithSenior Director
CBREHenrietta HouseHenrietta PlaceLondonW1G 0NB
E: colin.smith@cbre.comT: +44 7182 2192M: +44 7985 876 138www.cbre.com
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
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