Statutory wayleaves

Utilities

The companies operating in water, gas, electricity, communications and energy industries enjoy statutory rights of access on to private land to lay pipes, wires, cables and other service infrastructure needed in connection with their statutory powers and duties.

Landowners without private services rights may be able to require a supplier to use its compulsory purchase powers in order to comply with its 'duty to connect' and facilitate a development project. See Practice Note: Statutory wayleaves and rights of access.

Compulsory powers

The powers of each utility are given by industry-specific statutes. Despite broad similarity of approach, each utility has a specific compensation regime. Certain regimes limit the compensation to an amount equivalent to the depreciation of value of the land over which rights are exercised, rather than open market value. See Practice Note: Statutory wayleaves and rights of access.

Electricity

The Electricity Act 1989 (EA 1989) authorises bodies authorised to generate, transport or supply electricity to acquire a wayleave to install an electric line on, under or over private land, together with rights of access for inspection, maintenance and replacement. The wayleave

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

MHCLG publishes updated Approved Document B (Fire Safety)

The Ministry of Housing, Communities and Local Government (MHCLG) has published the updated Approved Document B (Fire Safety) volume 1 and 2: 2019 edition incorporating 2020, 2022 and 2025 amendments collated with 2026 and 2029 amendments.

MHCLG publishes guidance on Planning and Infrastructure Bill

The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance on the Planning and Infrastructure Bill, along with six factsheets and a European Convention on Human Rights memorandum. The factsheets outline key provisions in the Bill, including the Nature Restoration Fund, critical infrastructure reforms, planning committee procedures, local fee setting mechanisms, bill discounts for transmission network infrastructure, and strategic planning. They detail the issues each measure aims to address, the Bill’s objectives, and the practical implications of these reforms.

Planning and Infrastructure Bill—key points

Planning analysis: The Planning and Infrastructure Bill (the Bill) introduces seismic reforms to streamline the planning system, including: faster consenting for NSIPs and updating of National Policy Statements, localised planning fees, a delegation scheme for planning decisions, a new nature restoration fund for environmental interventions, a strategic planning system across England, strengthened development corporations, and a streamlined compulsory purchase process. This is a summary of the key provisions of the Bill.

MHCLG introduces Planning and Infrastructure Bill

The Ministry of Housing, Communities and Local Government (MHCLG) has introduced the Planning and Infrastructure Bill to Parliament. The Bill aims to streamline planning decisions, expedite the construction of housing and key infrastructure, and reform the grid connections process. Additionally, MHCLG has published guidance on the Bill, accompanied by six factsheets and a European Convention on Human Rights memorandum.