Electronic Communications Code developments signal bad times for landowners

With government commitments to a continuing rollout of more and faster telecommunications coverage, including the forthcoming 5G services, the introduction of the new Code in December 2017 was seen as essential as means to foster greater investment by operators.

Under the Code, telecommunications operators benefit from further powers to install equipment and new rights to upgrade and share apparatus – widely considered to be at the disadvantage of landowners who have previously benefitted from relatively generous land payments.

Utilities experts at Bell Ingram say the 12 months since the introduction of the Electronic Communication Code has seen a general lack of activity in terms of new deals or lease renewals as the telecoms operators seek to exercise their new, stronger, powers and the landowners continue to resist the move.

But Neal Salomon, Bell Ingram’s Partner in Utilities & Renewables, said key decisions in the first cases to challenge the Code are showing clear outcomes in favour of the operators – which is likely to have serious financial implications for landowners.

The first of the cases – Cornerstone Telecommunications Infrastructure Ltd V The University of London [2018] – concerned particularly the rights of an operator to take access to land for surveys. The right to undertake surveys is not explicitly included within the rights afforded by the Code and therefore the landowner had refused a request for access.

However, the outcome of the case was decided in the operator’s favour, with the judge noting that the intention of the Code was to facilitate and to ease the rollout of communications networks and that this must have included an implicit right to undertake surveys.  

Neal said: “The case was not specifically dealing with valuation matters, but the judgement did also refer to the fact that the value of rights under the Code is expected to be ‘nominal’, which will again come as unwelcome news to landowners and strengthen the negotiating position of the telecommunications companies.

“This case has closed one of the potential loop-holes that a landowner may have looked to benefit from in seeking to capitalise from the approaches of a telecommunications company. It is likely that this case will be considered as precedent in any future dispute taken before the Upper Tribunal and may have an impact on the assessment of costs.

“A landowner facing a similar situation would therefore be advised to exercise caution before deciding to prevent access.

“It is yet to be seen how futures cases are decided – or indeed if this recent case is appealed – but it seems likely from the tone of the judgment that future decisions to clarify other elements of the Code are more likely be decided in the favour of the operator than the landowner.

“As the interpretation of the Code continues to become more clearly defined by the decisions of the courts it is now more important than ever that those dealing with telecommunications matters take the best possible advice from experts such as Bell Ingram.”

Bell Ingram has a team of specialist expert valuers that can assist in all telecommunications matters. The team has acted as expert witnesses in recent cases involving telecommunications valuations and has advised on national rates to be adopted for national fibre optic networks.

Head quartered in Perth, Bell Ingram manages over 500,000 hectares across the UK on behalf of public, private and corporate clients.

It has built a name as one of the UK’s leading providers of land management services for the utilities and infrastructure sector.

To find out more, visit: https://bellingram.co.uk/

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Neal Salomon

Neal Salomon

Partner, MRICS
Utilities & Renewables
Tel: 01606 523 030

About: Neal heads up Bell Ingram's Utilities Service and is Partner in charge of our Northwich office where he specialises in providing services to utility and infrastructure sector. Neal has advised clients across the country in respect of a wide range of major projects, providing specialist valuations of rural, commercial and residential property. Interests: Corporate Estate Management, Pipelines & Utilities, Valuations, MRICS Registered Valuer, Rural Land Management.

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    Article posted on 10/12/2018

    Boundary disputes are a thing of the past thanks to mapping experts

    Boundary disputes range from arguments about a few centimetres to a acres of ground, with each one throwing up a range of emotional and financial stresses.

    Bell Ingram’s new Trimble Catalyst Global Navigation Satellite System is accurate to within 1-2 cm which removes any arguments about potential surveying misinterpretations.

    Chris Duncan, Head of Mapping and GIS at Bell Ingram, said: “Each boundary dispute offers different perspectives, challenges and emotions.

    “Our new Trimble Satellite positioning equipment is ultra-accurate and this technology, coupled with our team’s expert knowledge, allows us to identify correct boundary locations even when physical features don’t exist on the ground.

    “It’s crucial when you’re locked in a boundary disagreement that you have a team of trusted experts on your side. Thanks to this new technology, we’re able to focus on the core issues behind the dispute, rather than just opinions about where one area of land ends and another begins.

    “This means we can provide expert witness reports, with an increased degree of confidence, when working with legal professionals to ensure we get the very best results possible for our clients.”

    Bell Ingram’s expert mapping professionals are able to interpret title plans and the underlying mapping data from which they are based and then using the Trimble technology, identify these features on the ground.

    The firm’s industry-leading software enables it to make the best use of internet data as well as perform direct data exchanges with other organisations on behalf of clients.

    Chris added: “Our team has a wealth of experience in rural matters and all things mapping.

    “The advanced Geographical Information Systems we use mean that clients can be assured that the service we provide will be highly accurate and efficient.

    “We use it alongside cloud-based technology which allows us to work with clients remotely and free them up to go about their other daily business.”

    Head quartered in Perth, Bell Ingram manages over 500,000 hectares across the UK on behalf of public, private and corporate clients.

    It specialises in rural land management for private clients and has built a name as one of the UK’s leading providers of land management services for the energy sector.

    To find out more, visit: https://bellingram.co.uk/

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    Boundary disputes are a thing of the past thanks to mapping experts

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      Article posted on 06/12/2018

      Public consultation announced for Killearn beauty spot Finnich Glen

      Architects, planners and the local farmer will meet with members of the public today to discuss plans to create a tourist hub at one of Scotland’s most popular beauty spots.

      Bell Ingram’s plans for Finnich Glen in Stirlingshire will see the creation of a 150-space car park with room for five coaches as well as a visitor centre and shop.

      The proposals would make surrounding roads safer by removing the need to abandon cars on country roads while new a new viewing platform would ensure visitors can sample the stunning outlook in safety.

      New barriers footpaths and bridges will make visiting the site safer and reduce environmental damage while improving the overall experience.

      Finnich Glen’s popularity has soared following its use as a filming location for a number of features including Taggart, King Arthur and most recently Outlander, with over 70,000 visitors a year flocking to the area to see where some of the famous scenes were shot.

      The Perth-headquartered firm is now keen to understand the views and opinions of the local community and key stakeholders early in the design process.

      Iain Cram, Director of Bell Ingram Design, said: “It’s a truly stunning site of natural beauty and since its use in Outlander, visitor numbers have sky-rocketed, with people travelling from across America and Europe.

      “We believe our plans will make the area much safer while improving the site logistically.

      “The road as it is can’t cope, with people parking up nearby on country lanes which brings with it a raft of safety issues. Neighbouring fields are being ruined with people using wire cutters to gain access through fences.

      “Mountain rescue has also seen a spike in the number of call-outs as people get stuck in the Glen. It’s only a matter of time before there’s a serious accident.

      “We are really looking forward to engaging with locals and key stakeholders to help shape our work at this exciting site.”

      The public event follows the submission of a Proposal of Application Notice (PAN) in which Bell Ingram notified Stirling Council’s planning department of its proposals.

      The consultation event takes place at Kilearn Church Hall on 28 September between 3pm and 8pm.

      The local farmer David Young, who has worked the land his whole life, said: “We are concerned about the safety of the local community and visitors to Finnich Glen along with the deterioration of this world-renowned site of natural beauty.

      “We have a responsibility to ensure the land can be kept in good condition so that people can enjoy it for many years to come while also ensuring they can do so in safety.

      “We are confident that Bell Ingram’s plans will achieve this and are excited about the potential benefits for tourism and employment in our local area.”

      The proposals would see the creation of a number of jobs in the area at the new visitor centre and shop.

      Stirling Council Roads Officials and local Councillors are keen to alleviate road safety issues in the area.

      Our people

      Iain Cram

      Iain Cram

      Architect
      Design
      Tel: 01738 621 121

      About: Iain is Partner in charge of Bell Ingram Design. His main role is working with clients on projects from the initial concept, through site searches, funding challenges and statutory consents. He's an experienced and talented architect with a long track record, working on a diverse range of projects from small scale residential through to large public, commercial, residential and tourism builds. Interests: Architecture, Building Surveying, Trustee of the Scottish Lime Centre, a highly respected historic building skills training centre.

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        Article posted on 28/09/2018

        Luxury waterfront apartments for sale in converted mansion on the shores of the Sound of Kerrera from £137,000

        House hunters seeking a luxury apartment on a picturesque waterfront are being given the unique opportunity to live in a converted mansion at a less than stately price.

        Built in 1888, Kilbowie House is a classic Scottish Baronial L-plan country residence situated on the shores of the Sound of Kerrera which was originally constructed as a private residence for the Dunn Pattison family.

        Now, the Grade B listed, red sandstone property has been sensitively converted into eight luxury apartments which aim to restore the magnificent building to its former glory by providing generous and modern living spaces.

        All eight apartments have been designed to reflect the grand scale of the existing rooms and have their own unique charm and character thanks to the conservation of many original features, including stone fireplaces, oak window shutters and doors, cornices and ceiling mouldings.

        The mansion sits within its own sizeable 0.6 acre grounds with private and residential communal gardens and provides direct access to an impressive 93m of shore frontage.

        Located just 1.5 miles from the idyllic coastal town of Oban, the one and two bedroom apartments are now on the market with Perth based land and estate agents Bell Ingram, with prices ranging from £137,000 to £247,000.

        Carl Warden, from Bell Ingram’s Perth office, said: “It’s not every day that the chance arises for house hunters to have their own slice of a converted mansion house, without the high monthly cost.

        “These luxury apartments have been designed to maximise on generous and flexible living space, so would be ideal couples looking for a beautiful home with distinctive features, retirement apartments with lift access to all floors, or a turn-key holiday home.

        “Kilbowie House also has a unique selling point in that it has a rural feel as it’s surrounded by rugged landscape and provides a stunning waterfront outlook, but is also very close to Oban which benefits from good schooling and plenty of leisure activities, including a sailing club and golf course.

        “What’s more, the location provides the best of both worlds, offering a private and a peaceful setting while also providing easy access to travel links, with daily train and bus services to Edinburgh and Glasgow.”

        Oban is a busy town with a thriving local population as well as being a popular tourist destination due to its breathtaking scenery and excellent sailing waters. The natural harbour in the Firth of Lorn boasts a wide range of facilities and amenities including charming boutiques, restaurants, cafés and bars.

        Viewings are strictly by appointment only and can be arranged through Bell Ingram’s Perth office on 01738 621121.

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        Carl Warden

        Carl Warden

        Partner
        Estate Agency
        Tel: 01738 621 121

        About: Carl heads up the Residential Estate Agency division for the company and has a proven track record within the Scottish property sector. He has been marketing property in the Perth and Kinross area for over 35 years and has vast and detailed practical experience and knowledge of selling prime residential property: from period homes to contemporary developments. Carl is well known in the local area, having developed excellent relationships with buyers and sellers. His wider role involves looking after and supporting our Agency teams and colleagues in Oban, Beauly, Ayr and Forfar. Interests: Estate Agency, Market Valuation, Negotiation.

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          Article posted on 25/08/2017

          Public consultation announced for Killearn beauty spot Finnich Glen

          Rob Whitson is to join Bell Ingram as Partner and will take responsibility for running the company’s offices in Inverness and Bonar Bridge.

          Rob, who was formally with Strutt & Parker in Inverness where he headed their Rural Department, will lead on Bell Ingram’s estate management and professional work in the north of Scotland.

          Graham Lumby, Managing Partner at Bell Ingram, said: “Land reform legislation, Brexit, and many other issues affecting the rural economy are continuing to challenge anyone with an interest or involvement in land or estate management. Having experienced professionals who can provide expert advice and be readily accessible in the locality is essential.”

          The appointment of Rob Whitson means that our clients have a senior and highly skilled professional to support them during these challenging times.”

          Since moving to Inverness, the former army officer has had extensive experience in Highland estate management, including deer and fisheries management, and brings with him expertise in valuations, renewables and forestry.

          Rob said: “My background in surveying and the military has equipped me with a whole host of transferrable skills that I’m looking forward to applying to my work at Bell Ingram. I hope I can give clients the support required to optimise their rural businesses in the north of Scotland.

          “Bell Ingram is a highly trusted and respected firm of land and property agents. It gives a national service which is delivered locally, so they’re very aware of the localised issues in their area.

          “Our industry faces a varied and broad spectrum of political and economic issues such as land reform and Brexit. The role of the land agent is also changing as people’s expectations change, so we have to adapt and continue to provide a first-class service to clients.”

          Bell Ingram is also advancing its operations in different parts of the country with two further appointments.

          Andrew Fuller joins the Oban office as an Associate Estate Agent following almost 15 years managing high-level private and corporate development projects in the United Arab Emirates.

          With substantial experience in property management and investment, Andrew is now focused on making the Oban office the premium rural Estate Agency in the Western Isles and wider mainland region.

          Andrew said: “The range of expertise that Bell Ingram provides and the variety of sectors that it covers is remarkable so I’m looking forward to applying myself to a company that encompasses a great many of my key interests.

          “Working in Oban is never dull. The west coast is a buoyant market, and despite Brexit approaching, the mind patterns of buyers have not changed. People aren’t holding back when it comes to island properties, especially with the increasingly popular buy-to-let property market and the rise of services such as Airbnb. My commute from the Isle of Mull to Oban alone makes it all worth it. With stunning scenery and ever-changing conditions – there really is no place like it.”

          Thomas Rust also joins the expanding company as an Assistant Land Agent after graduating with a degree in Rural Business Management from Scotland’s Rural College (SRUC) earlier this year.

          His interest in land management was realised during his time working in the forestry sector in the North East of Scotland.

          Thomas said: “What draws me to rural land management is the opportunity to work outside and the wide scope of things you get to deal with on a day-to-day basis.

          “From agriculture and forestry to renewables and pipeline management, the variety of work is exciting, and it is fulfilling to be in a position of being able to provide valuable professional advice to landowners. I’m excited to put my head down, learn from the experienced colleagues around me and develop my skills.”

          Our people

          Rob Whitson

          Rob Whitson

          Partner, MRICS
          Rural Land Management, Valuations
          Tel: 01463 717 799

          About: Rob is Bell Ingram’s partner in charge of the Beauly office. He specialises in the management of rural properties for a range of private clients across the Highlands. This has included a number of significant and high profile sporting estates. For Land Management clients, Rob has worked on the negotiation of purchase/sale, servitude rights and renewable energy developments. He provides specialist management advice over a wide range of sporting estates particularly in relation to red deer stalking and salmon fisheries. Rob has enjoyed a long involvement with a number of district salmon fishery boards across the Highlands, and is a trustee of the Cromarty Firth Fishery Trust. He is Chair of the Highland Region for Scottish Land & Estates and also leads on valuations of commercial and rural property throughout Scotland in accordance with the RICS appraisal and valuation standards. Interests: Private Estate Management, Rural Land Management, Sporting Management, Valuations.

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            Article posted on 14/08/2018

            An introduction to deer farming – Two demonstration days planned

            The demonstration days will provide the opportunity to hear at first hand from professionals and experts in deer farming, on subjects including herd management and stocking, fencing and equipment requirements, finance and land management.

            The Perthshire day, for which bookings are now being accepted, takes place at the village hall, Kinloch Rannoch and at Innerhadden Deer Farm.  Speakers in the morning will include Malcolm Taylor of Bell Ingram, Alan Sneddon and John Fletcher of VAS, and Richard Barclay of Innerhadden.  There will be a guided visit to the Innerhadden deer farm in the afternoon.

            In addition to the demo days and to encourage engagement with farmers, VAS will be joining Bell Ingram on their stand at the RHS on Thursday 21 June, GWCT Game Fair on Friday 29 June and Moy Game Fair on Friday 3 August.  Everyone is welcome to come along and ask any questions they may have, whilst enjoying some refreshments.

            Dick Playfair, Director, The Venison Advisory Service Ltd, says:

            “With New Zealand prioritising other markets in Europe and elsewhere over the UK as well as having reduced its herd size, albeit this is now being rebuilt, there is a real opportunity for UK producers to get their foot even more firmly in the door.

            “Coupled with this, and following Scottish Government Cabinet Secretary Fergus Ewing’s venison summit earlier this year, a strategic plan is currently being prepared for all Scottish Venison which will fit with Scotland Food and Drink’s Ambition 2030.  These are exciting times for the venison sector and we are pleased to be teaming up with Bell Ingram to spread the word.”

            Malcolm Taylor, Partner, Bell Ingram, says:

            “We are delighted to be involved with the Venison Advisory Service and to help promote deer farming in Scotland, especially at such an opportune time for the sector. Deer farming provides a real opportunity for new entrants and existing farmers who are looking to diversify and offers an alternative use for upland farms. As agents for the Agricultural Mortgage Corporation, we are also looking forward to seeing if we can assist with financing for new deer farms.”

            Places for the Introduction to Deer Farming day at Kinloch Rannoch are limited and are available on a ‘first come’ basis. To book a place contact Charlotte Gilfillan at Bell Ingram, Tel: 01307 462516

            E: charlotte.gilfillan@bellingram.co.uk

            More about Bell-Ingram here: www.bellingram.co.uk

            More about the Venison Advisory Service here:  www.venisonadvisory.co.uk

            Latest information from the Scottish Venison Partnership about the UK venison market here: http://www.scottish-venison.info/index.php?page=venison-market-update

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            An introduction to deer farming – Two demonstration days planned

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              Article posted on 15/06/2018

              Legislation Update – Landlords & Private Water Supplies

              There are now new requirements for landlords with properties served by a private water supply.

              The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply to all private water supplies to premises used for a commercial or public activity (including tenanted properties) or any supply serving more than 50 people.

              The regulations require all supplies to have an annual water sample and a Risk Assessment carried out on the supply once every 5 years.

              Landlords or their agents will need to arrange to have the water sampled and a Risk Assessment completed by the Local Authority.

              The Scottish Government has made available a new information resource for users and owners of private water supplies.  This new information is available through mygov.scot, the Scottish Government’s online information platform https://www.mygov.scot/housing-local-services/water-supplies-sewerage/private-water-supplies/

               

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                Article posted on 23/05/2018

                Scottish property market not all doom and gloom says Head of Estate Agency Carl Warden

                Despite challenging times in the Scottish property market, a leading expert maintains that the positives far outweigh the negatives.

                Carl Warden, Senior Associate at leading land and estate agent Bell Ingram, believes that there are good signs for the market despite difficulties which have constrained certain sectors.

                2017 saw the strongest residential market in a decade while house prices in Scotland are expected to grow by 17% over the next five years, up three percent on projections for the rest of the UK.

                Carl said: “Last year was really strong for the market, with more than 100,000 transactions.

                “Although the bulk of these transactions were for properties under £200,000, the strongest growth in activity was above the £400,000 mark, with a 23% annual increase.

                “The new build sector is preforming well, largely driven by the lack of second-hand properties available and the incentives offered by developers.

                “We recently brought to market eight luxury apartments within a B-listed baronial mansion in Oban and all eight apartments were reserved within 48 hours.”

                Despite the positives, Carl is warning that Land and Buildings Transactions Tax (LBTT) is supressing the market.

                The Tax, which replaced Stamp Duty back in 2015, is paid on transactions of land within Scotland.

                Carl added: “The Government is more focused on getting people onto the housing market than relieving pressure at the top end.

                “New rental taxation, laws and leases are attempting to release housing stock back to the market but rents are increasing to recoup the loss.

                “In short, the policy is supporting the lower end of the market but making things harder at the top.”

                 

                Our people

                Carl Warden

                Carl Warden

                Partner
                Estate Agency
                Tel: 01738 621 121

                About: Carl heads up the Residential Estate Agency division for the company and has a proven track record within the Scottish property sector. He has been marketing property in the Perth and Kinross area for over 35 years and has vast and detailed practical experience and knowledge of selling prime residential property: from period homes to contemporary developments. Carl is well known in the local area, having developed excellent relationships with buyers and sellers. His wider role involves looking after and supporting our Agency teams and colleagues in Oban, Beauly, Ayr and Forfar. Interests: Estate Agency, Market Valuation, Negotiation.

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                  Article posted on 11/05/2018

                  Land expert advises caution before entering a contract farming agreement

                  A leading land expert is warning farmers to beware of the potential pitfalls when entering a contract farming agreement.

                  Malcolm Taylor of Bell Ingram Land and Estate Agency warns that despite being seen as a positive way to maximise flexibility for the farmer or land owner, those looking to enter an agreement with contractors must do so with careful consideration.

                  Most commonly used on arable units, farmers will benefit from such an agreement as they are guaranteed to obtain a first payment out of the contracting account whilst keeping an active role in the farm.

                  Some may also be drawn to the potential for retaining subsidy payments while the contractor will also reap the benefits from economies of scale, a contracting and management fee and prospects of a profit from the divisible surplus share – if there is one.

                  However, many of these shared farming agreements are partnerships, with all of the difficulties and complications that often go alongside these types of business arrangements.

                  Malcolm, Partner, based at the Bell Ingram Forfar office and immediate past chairman of the Royal Institution of Chartered Surveyors said: “Anybody contemplating a contracting arrangement should consider why they are doing it carefully.

                  “It is all very well retaining the Basic Payment Scheme (BPS) and a first charge on the contracting account, but the question arises as to who pays to maintain and improve the fertility and quality of the soil.

                  “If a contractor is being pushed to increase output, then the first things to suffer are soil structure and ultimately, the wider environment.

                  “Farming simply cannot continue the way it is at present. If we choose to ignore environmental issues, it is at our own peril.”

                  As the popularity of these types of farming agreements increases, Malcolm believes landowners must be sure they are entering a deal which is right for them and their current situation, whilst also considering the potential long-term effects.

                  Malcolm added: “For some, contracting is a way of holding onto land while they decide what to do with it if there are no obvious family members looking to take on the farm.

                  “If this is the driver, the option of selling now when land values are still relatively strong should be a serious consideration.

                  “As the farmer, ask why it is being considered and as the contractor, make sure that you are not just taking on more land for the sake of it or to secure potato ground. Read the contract and take professional advice.”

                   

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                  Malcolm Taylor

                  Malcolm Taylor

                  Senior Partner, FRICS ACIArb
                  Rural Land Management, Valuations
                  Tel: 01307 462 516

                  About: Malcolm is Bell Ingram's Senior Partner and heads up the company's Forfar office, where he specialises in farm and estate management, including the provision of agricultural rental advice and acting as an expert witness. He is the immediate past chairman of the RICS in Scotland and remains actively involved with the Institution. Malcolm is also head of Lettings within Bell Ingram. Interests: AMC Agent, Corporate Estate Management, Rural Land Management, SRDP Applications, FRICS Registered Valuer.

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                    Article posted on 11/05/2018