Case Study Flashcards

1
Q

Please explain your company’s conflict of interest process

A

Mandatory: check Business Central, email to local office(s)

Basic Plus: Connect, DMS, Terrier

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2
Q

Is it mandatory for RICS members to follow Professional Standards?

A

Yes, these are the documents which set requirements for competent and ethical practice e.g. our existing professional statements and guidance

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3
Q

You mentioned the pipeline was close to the office and that there may be a conflict. Was there a conflict and how was this managed?

A

A conflict check was made along the route. There was a conflict elsewhere along the pipeline, with a tenant farmer being a longstanding client of our rural team. I considered the conflict and concluded it was possible to proceed with the instruction with informed consent. I received written approval from my client to proceeding with informed consent and used information barriers and ensured I used private meeting rooms to discuss the project when in the office.

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4
Q

Why did you use voluntary agreements to undertake ecology and archaeology surveys?

A

Using notices could damage relations early on in the project. From initial meetings, I formed good landowner relations meaning access could be granted voluntarily.

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5
Q

What RICS documentation were you considering when carrying out site meetings/inspections?

A

RICS Surveying Safely, 2nd edition, November 2018 (effective from February 2019)

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6
Q

Did you wear any PPE?

A

During initial meetings, I wore a high visibility jacket. During follow up visits when construction was ongoing, I also wore a hard hat, high visibility trousers and steel toe capped boots

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7
Q

Please talk me through your lone working policy.

A

Split into in the office and out the office

Record all meetings in shared Outlook calendar including location, client name and contact details and expected duration. Use Whatsapp group chat to notify when leaving for site, arrival at site and expected duration, when leaving site and when returning to the office or home.

Escalation procedure - if someone at home is concerned about non-return they should:
Try to contact you on your mobile at least 4 times
If unable to contact within 90 minutes of expected arrival at home they contact CJ office contact
Last resort, particularly at night, contact police

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8
Q

What is an option agreement?

A

Option agreements are entered into between landowners and developers and essentially grant the developer an option to purchase the land by exercising the right at any time during an agreed ‘option period’ in return for an ‘option fee’. Option agreements are used where a developer is interested in purchasing the land for residential and/or commercial development and the developer would ordinarily use the option period to apply for and secure the necessary planning permissions required to proceed with their development. The right to exercise the option lies with the developer.

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9
Q

Please explain why cutting through an established hedgerow is a disadvantage?

A

Ecological impact, PR damage

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10
Q

How would you temporarily close the footpath?

A

The local highway authority can make orders under the Road Traffic Regulation Act 1984 to permanently or temporarily prohibit use of a public path. Temporary Traffic Regulation Orders can be made for footpaths for up to 6 months initially (18 months for highways), if more time is needed, the LA can apply to the SoS to extend the TTRO.

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11
Q

How would you temporarily divert the footpath?

A

Section 119 of the Highways Act 1980 allows the highway authority to make an order to divert a public right of way. The order must be advertised to the public and relevant organisations with a period of consultation of 28 days. If objection received, order must be abandoned or submitted to the SoS who will appoint an inspector to decide whether to confirm it.

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12
Q

What are the main differences between a wayleave and an easement?

A

A wayleave is an agreement between a landowner or occupier and a third party, permitting that third party to do something, e.g. access the land to carry out works for an agreed compensation amount. This could be as a one off, or a long-term agreement paid on an annual basis. Wayleaves are not permanent and are time limited. An easement is a right that someone holds over land owned by somebody else. These are attached to the land and are normally created by deed.

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13
Q

You agreed a rate psm pcm. What other ways might you have calculated it?

A

A flat monthly rate

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14
Q

You were unable to negotiate the rate prior to entry. What if you couldn’t come to agreement?

A

Entry was under notice and therefore compensation payable is set out under Schedule 12. My client is therefore not required to pay this enhanced rate and therefore I would have recommended to refuse an excessive rate.

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15
Q

What was included in your record of condition? Why did you undertake this? How does your client benefit from it?

A

The date and time of the inspection, the weather during and before the inspection, name of the client and the land in question.
Photographs and notes of the land, with a focus on any defects in the land, damage to fences etc. This was done to aid with reinstatement at the end of the project, as it clearly shows how the land was before works started. This protects my client from any excessive claims from the landowner.

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16
Q

Why was the compound smaller than anticipated?

A

The contractors required less space than originally anticipated, some materials such as pipework were able to be stored in the pipeline working area.

17
Q

How did you analyse your comparables?

A

I referred to the RICS guidance note “Comparable evidence in real estate valuation, 1st edition, October 2019” to ensure it fell within the general principles of comparable evidence. I then focused on the location, size, and duration of occupation for the compound.

18
Q

What are the general principles of comparable evidence?

A
  • Comprehensive - there should be several comparables rather than a single transaction or event
  • very similar or, if possible, identical to the item being valued
  • recent, i.e. representative of the market on the date of valuation
  • the result of an arm’s-length transaction in the market
  • verifiable
  • consistent with local market practice
  • the result of underlying demand
19
Q

What is the difference between a lease and a licence?

A

Leases grant exclusive possession of the property whereas a landlord can enter the property at anytime under a licence. (Street v Mountford 1985)

20
Q

What kind of evidence was needed to support a compensation claim?

A

For damages and disturbance, this can include invoices of mitigation measures paid for as a direct result of the works, evidence of rent being withheld due to the works etc, timesheets for time

21
Q

Where did you get your comparable evidence?

A

I have evidence of compound licences negotiated by my team to use as a point of reference. I also asked my client if they had any evidence available for other compounds negotiated.

22
Q

What crops were claimed for?

A

Sprint barley and winter oil seed rape

23
Q

What was claimed for for the spring barley?

A

Malting, loss of straw and loss of BPS claimable area

24
Q

What yields were used for the spring barley?

A

Malting: 5.9t/ha, £200 per tonne
Loss of straw: 4t straw/ha, £90 per tonne

25
Q

What was claimed for for the oil seed rape?

A

Winter OSR and loss of BPS claimable area

26
Q

What yield was used for the OSR?

A

3.65t/ha, £390 per tonne

27
Q

How did you manage weed control of the top soil?

A

Depending on the land, I would advise to spray if just arable, or spot treat/hand pull if organic

28
Q

What case law is used to assess injurious affection assessment for water companies?

A

St John’s College Oxford v Thames Water Authority 1990

29
Q

What Act governs the supply and distribution of electricity?

A

The Electricity Act 1989

30
Q

What is a Necessary Wayleave?

A

An operator can apply to the SoS for a necessary wayleave following receipt of a NTQ from the landowner and they cannot agree new terms with the landowner. The operator needs to provide proof of why the lines need to be kept in place

31
Q

What powers do electricity operators have in respect of new apparatus?

A
  • Negotiate and obtain consent directly from the landowner - easement or wayleave by agreement
  • Establish a necessary wayleave under Schedule 4
  • Establish a permanent easement by compulsory powers under Schedule 3
32
Q

What recent changes have there been to hope value in relation to compulsory purchase recently?

A

The Levelling Up and Regeneration Act 2023 enables local authorities to apply to the SoS to remove, or cap, hope value from compensation payments to landowners whose land is being compulsorily purchased for education, affordable housing or health-related schemes

33
Q

What is the value for the development land compared to the rest of the land?

A

As it only had an option but not planning permission or allocation, there is only hope value rather than development value. I made an assumption of £50,000 per acre, land with planning could be around £250k

34
Q

What protections applied to the hedgerow?

A

Hedgerows Regulations 1997 - over 30 years old, over 20 metres long and have any feature which means they are ‘important’

35
Q

What are the 3 key features required for a lease under Street v Mountford?

A
  • The Tenancy is for a consideration of payment (‘Rent’)
  • The Tenancy is for a fixed determinable period of time (‘Term’)
  • The Tenancy grants exclusive possession of the property to the Tenant
36
Q

What do you do when you complete a record of condition?

A

I send it to the landowner (and tenant if applicable) and ask them to sign and date it

37
Q

You mentioned permitted development rights, what PD rights do water companies have?

A

Outlined in Part 13 of The Town and Country Planning (General Permitted Development) (England) Order 2015 - includes installation of sewerage system

38
Q

Can you give me an example of how you followed the Rules of Conduct during this case study?

A
  1. I undertook a conflict of interest check
  2. For matters where there was an agricultural focus, I sought the assistance of my company’s rural team
  3. I attended bi-weekly meetings with my client to keep them updated and to understand what upcoming requirements there may be
  4. Using statutory powers can be stressful for landowners, I therefore ensured I treated them with respect
  5. I paid close attention to the public footpath and the risk of harm