HS2 Early Access Agreement for Survey Purposes
HS2 are now sending out Early Access Agreements to all landowners who are within 500 m either side of the proposed Phase 2B route of the rail line to enable consultants to carry out ecology and pre construction survey work to form part of their Environmental Impact Assessment.
They have issued a step-by-step guide which sets out the procedure.
Step One – they are requesting you send them an e-mail to say you have received their correspondence and let them know how best they can contact you more easily.
Step Two – read the licence they have sent and code of practice, check plans and confirm the details are correct.
Step Three – let them know the land is occupied by somebody else who should be party to the licence – if possible send their name address and contact details.
Step Four – sign two copies of the licence.
Step Five – complete the contact details for HS2 to use when giving notification that surveys are to take place.
Step Six – complete the BACS owner transfer form so that you can receive payments.
Step Seven – return the signed licences, contact details and BAC’S owner transfer form.
Step Eight – they use the contact details provided to give 72 hours notice of all access request.
Step Nine – you receive the licence fee as detailed in the payment scheme by transfer to your bank account and further regular payments for completed survey activities.
The Licence Agreement grants HS2 access to the property for the purpose of undertaking preconstruction survey work and grants them the right to take vehicular and pedestrian access to the property for the purpose of carrying out such surveys (with such reasonable materials, machinery,tools, plant and equipment) for a period of 2 years from the date of the Licence.
A) In consideration of the rights granted by the licensor HS2 undertakes as follows:
1. to carry out the surveys described in a good and workmanlike manner.
2. to make the necessary payments.
3. to comply with the Code of Practice and preconstruction entry.
4. to provide to the licensor at least 72 hours prior notice of when access will be taken for surveys.
5. to properly make good to the licensor’s reasonable satisfaction (or if so agreed otherwise on or prior to the access date to reimburse the reasonable and proper costs incurred by the licence or of making good) any physical damage.
6. to indemnify on a continuing basis the licensor against all losses.
7. to indemnify the licensor who is the current occupier of and the claimant on the property pursuant to the schemes against any proper and unavoidable reductions or penalties applied to any payment claimed by the licensor or under the Basic Payment Scheme.
8. to use reasonable endeavours to provide a licence or with such reasonable information as it has available (including maps but subject to confidentiality) to enable payments under such schemes to continue.
9. to pay to the licensor the access payment within 30 days of the access date, any subsequent survey payments quarterly in arrears and if applicable any crop loss payment within 30 days of the agreement of any claim by HS2.
10. following the access date to pay to the licensor within 30 days of written demand the licensor’s reasonable and properly incurred professional fees arising directly in connection with the completion of this licence plus irrecoverable VAT subject always to the licensor agreeing with HS2 their proposed professional fees before incurring costs.
11. to provide the licensor on a quarterly basis with a list of the survey visits undertaken.
B) Obligations of the licensor
12. the licensor shall allow reasonable access to the property including access for an initial non intrusive walkover survey prior to receipt of the access payment, and to provide all reasonable cooperation to enable HS2 and/or those authorised by it to complete the surveys.
13. the licensor shall not obstruct nor interfere, or allow any third parties (including for the avoidance of doubt employees, agents, representatives, workmen, contractors, licensees or invitees) to obstruct or interfere, with the surveys.
14. should the licensor intend to transfer or otherwise dispose of the property or its interest during the period of this licence.
(a) the licensor shall give HS2 not less than 28 days notice of the intended disposal and the identity of the new intended licensor, and
(b) the licensor shall take reasonable endeavours to secure the continuance of this licence.
C) In addition the following terms are agreed
15. the licence is personal to HS2 and not assignable by HS2
16. the licence expires on the date two years from the date of this licence or if earlier the date on which HS2 gives notice in writing that it does not intend to carry out any further surveys (the expiry date).
17. the parties shall use reasonable endeavours to resolve any dispute arising in connection with the licence.
For further information contact David Miller on 0114 3270120