Eliminating Infrastructure Barriers to Development

We acted for a national retail operator in connection with the proposed development of a new store in the South East of England.

The project was stalled due to the presence of a high voltage electricity cable crossing the site, which prevented construction in its planned form. Initial estimates placed the cost of diverting the cable at approximately £2 million, presenting a significant threat to the commercial viability of the scheme.

We were instructed to review the existing easement documentation affecting the site to assess whether those rights properly reflected the current use and proposed redevelopment. Our review identified a development clause within the easement that allowed the landowner to require alteration or removal of the apparatus in defined circumstances.

Relying on the development provisions, we formally engaged with the electricity undertaker and entered into structured negotiations, using the contractual and legal position to underpin a robust commercial strategy. This approach shifted responsibility for the constraint back to the utility provider and avoided the developer bearing disproportionate diversion costs.

As a result, the electricity company agreed to fully divert the high voltage cable underground at its own expense, removing the development constraint entirely. This outcome enabled the client to proceed with the store development as intended, avoiding a £2 million cost and delivering a commercially viable project timetable.