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Litigation, Practice and Procedure
Gary O'Brien, Charles Hamer
ISBN: 9780728205055
Format: Paperback
Publisher:Taylor & Francis Ltd
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Electricity is such a fundamental part of life that its supply is often taken for granted. However the reality is that the rights for electricity lines are arguably the weakest of all utilities, with the vast majority covered by Wayleaves. The book provides insight into defining electricity Wayleav.
'Wayleave' is an archaic term from the 19th century defined as 'a privilege enabling a person to cross another person's land with infrastructure and with goods and chattels'. It has been applied to electricity rights because of the need to string electricity lines across land. Electricity is such a fundamental part of life that its supply is often taken for granted. In reality, the rights for electricity lines are arguably the weakest of all utilities, with the vast majority covered by wayleaves. Privatisation in the 1990s provided the opportunity to bolster wayleave rights, but it only led to a tinkering through primary legislation. The acceleration of telecommunications over the past 20 years has confused issues, with operators installing masts and adding apparatus to electricity lines. A large proportion of wayleaves are dealt with at local level, with little consistency. Coupled to this is the public concern that electricity lines have potentially serious health effects that continue to attract research and media interest. This book has been written for those involved in, or advising on, the use and development of land for transmission and distribution lines. As most people have only brief encounters with the electricity infrastructure, this guide will help to avoid the fear of the unknown. By setting out the main principles and procedures used and the relevant primary and secondary legislation in a clear and easy-to-follow way it will enable lawyers, surveyors, planners, architects, engineers and accountants to discuss the relevant issues with confidence.
| ISBN | 072820505X | | Pages | 200 | | ISBN13 | 9780728205055 (What's this?) | | Volumes | 1 | | Publisher | Taylor & Francis Ltd | | Weight (grammes) | 494 | | Imprint | Estates Gazette Ltd | | Published in | London | | Format | Paperback | | Height (mm) | 210 | | Publication date | 13 Jul 2007 | | Width (mm) | 148 | | DEWEY | 346.410432 | | Spine width (mm) | 15 | | DEWEY edition | DC22 | | Academic level | Professional / Scholarly |
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| 1 | | Electricity: Power Without Responsibility? | | 3 | | Pt. 1 | | The Electricity Industry | | | | 2 | | Electricity Industry Structure | | 9 | | 3 | | Electricity Infrastructure | | 15 | | 4 | | Energy Legislation Since 1989 | | 25 | | Pt. 2 | | Private Rights | | | | 5 | | Non-Statutory Permissions Granted by Private Agreement | | 33 | | 6 | | Non-Statutory Wayleaves: Voluntary Wayleaves | | 51 | | 7 | | Non-Statutory Wayleaves: Implied Wayleaves | | 59 | | Pt. 3 | | Public Control | | | | 8 | | The Statutory Menu Relating to Wayleaves, Consents and Easements | | 65 | | 9 | | Applications to the Secretary of State for Statutory Rights | | 73 | | 10 | | Necessary Wayleave Hearings | | 87 | | 11 | | Compulsory Purchase Powers | | 105 | | 12 | | Planning Permission and Ministerial Consent | | 113 | | 13 | | Public Inquiries | | 121 | | Pt. 4 | | Financial Aspects | | | | 14 | | Wayleave Payments | | 133 | | 15 | | Easements | | 143 | | 16 | | Applications to the Lands Tribunal | | 157 | | Pt. 5 | | Enforcement of Rights | | | | 17 | | Relevant Remedies - An Overview | | 209 | | 18 | | Failure to Comply with Financial Obligations | | 217 | | 19 | | Refusal to Allow Exercise of Wayleave Rights | | 223 | | 20 | | Compliance with Notice to Remove | | 227 | | 21 | | Wrongful Use of Land by Licence-Holder | | 231 | | | More... | | |
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