Northern Ireland – Latest News
We are pleased to confirm that the Department for the Economy have now confirmed they are prepared to commence Necessary Wayleave hearings for a number of our clients. However, unfortunately we still await the judgement of the November 2016 Appeal Hearing.
Sadly we are still waiting the judgement of the Law Lords from the November 2016 appeal hearing. We have lodged a formal complaint as to the unacceptable delay involved in this matter.
Although we were led to believe we would hear from the courts early part of 2017 we still await their decision. However, we are chasing them on a regular basis and will post their decision on our website as soon as we hear from them.
The Appeal Hearing was heard on Monday 21st November 2016 and as far as we are concerned everything went as expected. We expect to receive the judgement from the 3 Law Lords in the early part of 2017.
Upon receipt of their decision we will take relevant legal advice as to whether further test cases are necessary and liaise with NIE about whether they are prepared to start negotiations.
The Appeal Hearing for NIE cases started on Tuesday 12th April 2016 and we were hoping to get a conclusion by the end of the week. Sadly, the case was adjourned due to NIE having an imperfection in their paperwork.
We are pleased to say that the first day of the Appeal went very well and it was looking positive for all our cases in the context of legal right and entitlement.
Because of the adjournment it is now likely to be a few more months until we have further answers and we will keep you abreast of any developments.
The appeal by NIE is due to be heard in October this year however we will not have the results of this until some time after that. We will of course update all our clients once we have further information.
NIE have appealed our second case and we are therefore waiting for the outcome of these two Appeals before deciding on our course of action.
We are pleased to report that following an application regarding costs of the two recent Hearings, The Lands Tribunal has awarded the claimants (our clients) their reasonable legal costs in the reference subject to any editorial correction.
NIE have a right to Appeal which must be lodged within a 7 day time limit.
So far NIE have Appealed one of our two cases, the one where there is a tower located in the side garden of the residential property.
We are therefore waiting to see if NIE Appeal our other case where conductors only over-sail the garden of the property.
Once the decision of the Appeal(s) is/are known then we will then decide on our course of action.
Following the Lands Tribunal (Northern Ireland) Hearings in June this year formal unedited version of the decisions have recently been issued.
Full edited versions will be made available for the general public shortly.
We are delighted to advise that the Tribunal have upheld our view that property can be impacted by power-lines and that compensation is payable.
This must however be proved based on market evidence comparing impacted properties with similar non impacted properties.
Although an award was made for a property impacted by a tower a further application will be required to prove the impact of an over-sail.
Once there is a decision on costs hopefully early in the New Year the parties will need to decide within a week whether or not to Appeal.
Thereafter the three other cases already submitted by PCC to the Tribunal will be progressed.