Electricity and Gas Transmission (Compensation) Bill

Jerome Mayhew Excerpts

Friday 25th November 2022 Commons Chamber

[Dr Fox]

I am not questioning whether the company wishes to do the right thing, but in practice it has not behaved in a way that is acceptable to me as a representative of the people of North Somerset. I therefore suggest that we need new mechanisms to ensure that what I regard as genuinely fair practice is enforceable. That is one of the problems with the current system. I shall now illustrate the generic case with some specific examples from the experiences of my constituents.

For those who are unfamiliar with the background, in preparation for the Hinkley C nuclear power station coming online, the Hinkley connection project is a new high-voltage electricity connection between Bridgwater and Seabank, near Avonmouth. The new connection will be 57 km long, consisting of 48.5 km of overhead lines and 8.5 km of underground cables, mainly through the Mendip hills area of outstanding natural beauty. The existing 132 kV power lines will be replaced, as they will be across the country, by new 400 kV overhead lines using very much larger T-pylons, with the removal of most of the existing pylon system, which we are used to seeing in our towns and countryside.

It is not my intention in the Bill to argue the pros and cons of the new pylon system, controversial though that it is, or to argue for the relative merits of pylons or undergrounding of new cables. My intention is to ensure that where the interests of our constituents are materially affected they are given due protection. A number of my constituents in North Somerset have been battling with National Grid for over 10 years now to try to protect their homes and livelihoods.

My first constituent’s circumstance has resulted in the value of their property being materially impacted by the project, which is perhaps an unavoidable consequence of this type of infrastructure upgrade. My second constituent is a farmer whose livelihood is being destroyed by the same scheme. In both cases, National Grid seems to believe that it has no responsibility to take due regard of the emotional, social or economic consequences facing my constituents, whose only redress is therefore through the courts at the Upper Tribunal. In the case of my first constituent, who was forced to pursue that route, that ended up costing them a staggering £200,000 in legal fees.

In that first case, the family bought their home in January 2008, with the intention of knocking down the old house and building a new one. They carried out all possible searches from a conveyancing perspective, as the project was their magnum opus that was going to use their life savings and ultimately provide their pension in years to come. The Hinkley scheme never showed up on any searches undertaken and, by its own admission, National Grid accepted that the Hinkley connection project would not have been visible in any searches undertaken at that point in time.

Once the project was formerly announced in 2010, my constituent made representations at every possible hearing, to both National Grid and the inspectorate, asking factual questions around pylon location and impact. For years, no one was able or willing to provide any specific answers or assurances on whether and to what degree the project would have a material impact on the value of their house. As hon. Members can appreciate, that caused, and is still causing, an unimaginable amount of stress for the family. The feeling of being effectively powerless in a stand-off with one of the world’s most powerful multinationals has left them with a level of fear and anxiety that I leave the House to imagine.

The detail of the scheme was to put two 132 kV lines under their drive, which includes their garage come office, and a 400 kV T-pylon close enough to the property that, were it to fall, would fall right to the edge of the house itself. That is in addition to building an access road that now abuts their property. Where once there were only fields and sheep, there will now be a massive new pylon outside their home.

Additionally, they have been served with restrictions around permitted development rights of their property and National Grid and supplying parties have been granted access rights to their property, which would allow them to break down their gate or knock down their garage and office in order to carry out any necessary reparations to the undergrounded line. Perhaps those are necessary rights, but they have a detrimental effect on the sale price of the property.

Although my constituents were constantly engaged with National Grid, all conversations were completely ineffectual as National Grid did not have to listen or provide any answers to their questions because it was able to point to the development consent order—the DCO—that seemingly gave it carte blanche to do what it wanted. Unlike other large infrastructure schemes such as High Speed 2 or Crossrail, no discretionary compensation scheme was established for the project, so National Grid has simply focused on what it has been legally allowed to do, with little regard for the impact on individuals’ existing properties, and irrespective of the personal or financial impact. Hon. Members may want to think about that in respect of future potential cases. Consequently, the only route left open for my constituent to protect their home and life savings was to pursue a blight claim through the Upper Tribunal—which for reasons that are readily apparent they did not want to do.

Given the rarity of statutory blight claims, my constituents recognised the enormous risk in undertaking such an action, and they did not take it lightly. However, since they had no other avenues to pursue, they were compelled to do something to avoid financial ruin. To be clear, all they were trying to protect was their right to sell their house at a fair market value at a time of their choosing. I would like to think that hon. Members on both sides of the House would regard that as a basic right.

The odds are stacked against individuals in such cases. Even the small win that my constituent made in the judgment—the recognition that there would be a 5% diminution in the value of their property—was pointless, because National Grid will no longer accept and pay compensation as it says that the rights that it now requires over the property have changed. A constant moving of the goalposts as well as a refusal to accept responsibility for its actions—or decisions that go against it—have been constant features in National Grid’s behaviour. Its response is all too typically to challenge individuals to take it to the Upper Tribunal, with a potentially huge new tranche of expense.

[Jerome Mayhew (Broadland) (Con)]

As the country moves to decarbonise and away from fossil fuels, a conservative estimate is that the requirement for electricity will double—it may triple—in the next 20 to 30 years, and an inevitable consequence is that we will need many more pylon routes. Does my right hon. Friend agree that this is therefore a particularly opportune Bill and that it is important for hon. Members who perhaps do not think it applies to them yet?

[Dr Fox]

I am extremely grateful to my hon. Friend for making that point so clearly. At the moment, it is a relatively small geographical problem that affects a relatively small number of us, but it is going to be a much bigger problem in the future, affecting many more constituencies across the country. As so often happens, we are able today to anticipate a problem and do something about it. What I hope will not happen—all too often it does—is that we try to kick it into the long grass. It is far better that we find a solution to the problem now that is fair, reasonable, enforceable and equitable and bring that forward with Government action. We otherwise face long fights on behalf of our constituents in the House and potentially through the legal system. The current system of forcing constituents to the Upper Tribunal is neither fair nor affordable, and access to justice is not possible where one side can use its financial and therefore legal might in effect to intimidate those who stand in their way. That is exactly the point that my hon. Friend was making.

My second constituent is a local North Somerset farmer who has some of his land adjacent to my first constituent. His family have been farming in the area for generations. As with so many of our farmers, they love and care for their land and the local environment, and they focus on farming in an environmentally friendly and regenerative manner. The preservation of soil is key to the whole business model. As a consequence of the scheme and the flagrant disregard for that preservation, his land has been ruined for generations to come. Haul roads have been constructed over peat bogs, and they have caused material drainage issues. National Grid has consistently refused to agree a workable drainage strategy. This will impact future yields and render it less productive and less valuable as farmable land, not just for a couple of years but for generations. What is worse is that a compensation scheme agreed with National Grid’s land agent at the start of the scheme has now been reneged on, as National Grid is now questioning the formula agreed by its own land agent. When my constituent challenged that approach, he was faced with a bullying and abrasive response, and is constantly told that he could pursue the matter through the courts, which, quite obviously, he is not in a position to do.

In addition, as a consequence of the company’s inadequate and seemingly ignorant and ill-thought-out approach towards the resettling of badgers, setts have been blocked off. That forced badgers on to his land and infected his herd—something he told the company could happen, but it chose not to listen. As someone who had never had a single case of TB on his farm for 30 years, he was forced to cull 110 cattle out of a herd of 350. Seventy of those were in calf, so not only did he lose a huge proportion of his stock but his stock has been massively affected for the next three years. In turn, that has cost him tens of thousands of pounds. And that is without taking on board the suffering farmers endure when they witness the suffering and slaughter of their own animals.

A third case involves another farmer across whose land an access road was driven. Promises were made to return the land to its previous condition, which was, incidentally, part of the best quality farming land in the area. When I visited the farm recently, I was horrified at the condition of the fields. Building debris was so widely scattered that it would be impossible to utilise a range of farming vehicles without undue damage. Yet again, the response from National Grid, or at least its local agents, was that it had done what was required of it and that if my constituent was not satisfied it would see them in court—a very regular chorus being developed in this particular song.

A fourth case involved an elderly constituent who has a single piece of land, which is her chief financial asset. This has effectively been taken out of use for the next seven years by National Grid perfectly legally as part of the access programme for the installation of the new pylons and underground cables. Again, there has been a callous disregard for the fact that this effectively renders her biggest source of potential income inaccessible. Here again, the response has been that if she is not happy, she can pursue the matter through the courts. The disregard for individual interests and natural justice appals me.

Members across the House will be able to see from these relatively simple examples a clear pattern of behaviour developing. Some might say that from the point of view of National Grid shareholders, the approach is not irrational, as they will be able to proceed with their electricity transmission project at minimal discretionary financial cost. The rest of us, however, will surely believe that we have to put in place measures to fulfil the four tests I set out earlier, giving our constituents a system of dispute resolution that is clear, affordable, fair and enforceable.

I am grateful to Ministers for the discussions that we have had thus far on the subject and their understanding that there is a clear problem that needs to be addressed. The current dispute resolution mechanisms are not adequate. That cannot be allowed to stand as the solution to the problem. A range of options is available which I hope we can continue to explore as we move towards the Committee stage and subsequent stages of the Bill. I have noticed in recent weeks a growing awareness from Members representing constituencies across the country who recognise that this will become a problem for them if we do not find adequate solutions now.

As I said at the beginning, we all understand the need for an effective, efficient and resilient electricity transmission system, but it cannot be built at the expense of our constituents and the natural justice to which they are undoubtedly entitled. We cannot allow large multinationals to bully those who have legitimate interests and grievances, and to use their financial, and therefore legal, might to crush resistance underfoot.

Today, my North Somerset constituents are, largely, the most affected, but many more constituencies will be affected in the future. We in this House have a duty to protect, in any situation, those who are weak from the excesses of those who are stronger, and to ensure that decency, social responsibility, rights of property owners and environmental protection are given their proper place. Last year, in the passing the Down Syndrome Act 2022, this House showed that it understood that it could unite for the common good. I ask colleagues to do the same today.