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Case Study: ESN Phase 4

Posted on 8th April 2021 at 17:03
Agree code compliant terms and planning approvals for 19 ESN sites against an immovable deadline. 
End Client: EE Limited – Working with DAEL Telecom as their acquisition partner 
Scope: Acquisition, Planning, Design and Construction 
Programme: ESN Phase 4 
Challenge: To agree Code compliant terms and planning approvals on behalf of EE Limited (EE) with a number of Landlords for the rollout of the EE Emergency Services Network (ESN) in South Wales against an immovable deadline. 
Background 
During March 2019 a total of 19 new ESN sites were issued with new search areas predominantly in Carmarthenshire, Pembrokeshire, Gwynned and Powys. The drop-dead date for all sites to be acquired with planning approval and built was 31st October 2020. During October 2019 3 of the sites were placed on-hold and subsequently re-instructed during July 2020. 
Solution 
A comprehensive and detailed programme of site searches with concurrent planning consultation and a holistic approach to land agents and planning authorities was undertaken at short notice and with additional resource assembled to ensure that all reports and assessments were achieved with sufficient time to undertake planning and acquisition as well as subsequent build activities. 
 
A mix of acquisition experience and use of the client’s Code process was used to ensure that negotiations continued successfully with use of Letters Before Action and Code Notices to maintain impetus with agents and landowners. This necessitated only one application to Tribunal that was settled with Interim Rights being granted without the requirement for hearings. A wide variety of landowners including local authorities, large estates and single holding farms were engaged with and a pragmatic but flexible approach adopted to maintain momentum with acquisitions (for instance: improving a landlord’s access track during construction to maintain goodwill). By adopting a wide consultation programme with planning authorities we maintained a consistent and collaborative approach across all applications ensuring a high chance of success. 
Achievement 
All 19 search reports where completed, submitted and verified during April 2019. The designs were submitted and approved ahead of timescales. All 19 planning applications were submitted within the time allocated and with 100% approval rate This as well as having 18 sites legally accessed without the need to apply to the Tribunal, within site payment and other Code parameters, resulted in 18 sites built by the deadline of October 2020 with 1 site being built during November 2020. The one application to Tribunal resulting in the granting of Interim Code Rights without the need for or expense of a hearing and resulted in the site being deployed in line with the programme. 
Relevance of this Instruction 
This demonstrates that we are agile, responsive and fully conversant with the new Code process and its application within site acquisition to achieve positive results. By taking a positive, proactive approach with the various tools available under the new Code to maintain momentum but with the chief focus on consensual outcomes and longer term goodwill we have fulfilled the requirement and maintained better landlord relations. Our planning approach is also holistic and targeted meaning that applications are submitted with a very high likelihood of success and are flexible enough to accommodate design changes during the process to ensure approvals every case. We ensure, and work closely with, the construction teams are included from the point of MSV forwards ensuring that build and access issues are identified early and included within designs and negotiations. 
Background 
During March 2019 a total of 19 new ESN sites were issued with new search areas predominantly in Carmarthenshire, Pembrokeshire, Gwynned and Powys. The drop-dead date for all sites to be acquired with planning approval and built was 31st October 2020. During October 2019 3 of the sites were placed on-hold and subsequently re-instructed during July 2020. 
Solution 
A comprehensive and detailed programme of site searches with concurrent planning consultation and a holistic approach to land agents and planning authorities was undertaken at short notice and with additional resource assembled to ensure that all reports and assessments were achieved with sufficient time to undertake planning and acquisition as well as subsequent build activities. 
 
A mix of acquisition experience and use of the client’s Code process was used to ensure that negotiations continued successfully with use of Letters Before Action and Code Notices to maintain impetus with agents and landowners. This necessitated only one application to Tribunal that was settled with Interim Rights being granted without the requirement for hearings. A wide variety of landowners including local authorities, large estates and single holding farms were engaged with and a pragmatic but flexible approach adopted to maintain momentum with acquisitions (for instance: improving a landlord’s access track during construction to maintain goodwill). By adopting a wide consultation programme with planning authorities we maintained a consistent and collaborative approach across all applications ensuring a high chance of success. 
Achievement 
All 19 search reports where completed, submitted and verified during April 2019. The designs were submitted and approved ahead of timescales. All 19 planning applications were submitted within the time allocated and with 100% approval rate This as well as having 18 sites legally accessed without the need to apply to the Tribunal, within site payment and other Code parameters, resulted in 18 sites built by the deadline of October 2020 with 1 site being built during November 2020. The one application to Tribunal resulting in the granting of Interim Code Rights without the need for or expense of a hearing and resulted in the site being deployed in line with the programme. 
Relevance of this Instruction 
This demonstrates that we are agile, responsive and fully conversant with the new Code process and its application within site acquisition to achieve positive results. By taking a positive, proactive approach with the various tools available under the new Code to maintain momentum but with the chief focus on consensual outcomes and longer term goodwill we have fulfilled the requirement and maintained better landlord relations. Our planning approach is also holistic and targeted meaning that applications are submitted with a very high likelihood of success and are flexible enough to accommodate design changes during the process to ensure approvals every case. We ensure, and work closely with, the construction teams are included from the point of MSV forwards ensuring that build and access issues are identified early and included within designs and negotiations. 
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