Utilities and infrastructure

The continually-evolving utilities landscape, including the shift to more sustainable practices, significantly impacts real estate values and investment strategies.

Through establishing our utilities and infrastructure sector group, we advise clients on a range of matters within this sector. Our expertise covers compliance, planning, wayleaves and associated Code rights, compulsory purchase and compensation, project development and financing, construction, and litigation and dispute resolution. Our team is equipped to support your real estate utilities or infrastructure project from start to finish and, as leaders in this field, we can help ensure your project remains on track.

We support numerous innovative players in the energy market and assist with the infrastructure needs of our real estate clients.  Our clients within this sector include landowners, property developers, investors, and funders. By leveraging our in-depth knowledge of legal, regulatory, and market conditions, we provide tailored solutions that help our clients successfully navigate the complexities of their utilities and infrastructure projects.

We focus on delivering strategic advice in line with evolving regulations, ultimately driving growth to our clients in this sector.

Relevant experience

• We acted on behalf of a residential property developer in relation to alleged trespass arising from the drainage of surface water from a circa 1,000 home development into the adjacent river. The owner of the river was seeking damages extending to millions of pounds for the right to drain to be granted in perpetuity. Our client defended the claim, asserting that it did have the right to drain into the river as well as associated rights to carry out repairs to the river wall and a bridge constructed over the river to serve the development, by virtue of underlying contractual documents. The claim raised interesting legal arguments around contractual interpretation and the rights of a statutory harbour authority. It was successfully settled prior to trial.
• We have advised a number of different clients including The Collective and Thames Water on BAPA and APAs in relation to differing development projects in lateral proximity to Network Rail railway lines and associated infrastructure.
• We acted for Greenergy, the UK’s leading supplier of petrol and diesel, in connection with its purchase of assets at the former Petroplus facility in Teesside from the joint administrators of Petroplus Refining Teesside Limited, PwC. Located at Seal Sands, the terminal was previously operated by Petroplus as a diesel storage and supply location but ceased commercial operations shortly after the company went into administration. The terminal was to remain closed for commercial supply for several months while development plans for the site are drawn up in cooperation with the relevant authorities.
• Advising a Venture Capital Trust in respect of its provision of development finance for a number of solar panel projects and, separately, in connection with the funding of new geothermal schemes.
• We have advised a septic company operating in an area designated as nutrient neutrality sensitive in respect of a scheme for the upgrading of out of date private drainage facilities in return for securing credits for new housing development. This has included drafting a suite of standard documents for use with home owners and local planning authorities.
• We have advised our developer client on a wide range of infrastructure and utility agreements/transfers easements and wayleaves.
• We advised on the construction aspects of the £70m forward funded 310 room scheme in Earlsfield. The scheme includes two BAPAs for trackside working and the related negotiation of a bespoke project insurance policy with Lockton.