Obligation to Tolerate

When public infrastructure requires access to privately owned land

Infrastructure and energy projects sometimes require use of privately owned land. In those cases, a statutory obligation to tolerate may be imposed. You need clarity on your rights, obligations and position.

Our service

A growing instrument in a changing landscape

Statutory obligations to tolerate can arise by operation of law or through a formal decision. Under the Environment and Planning Act, this instrument has been broadened and simplified, leading to more frequent use.

You see this in practice, for example in grid expansion, the energy transition and wind farm developments. These situations require a clear understanding of procedures, stakeholder interests and compensation arrangements. Early insight and the right strategy make a significant difference.

We make your position clear and defensible

We advise, assist and represent clients throughout the process. We support network operators and utility companies in applications and procedures, and act for landowners and other stakeholders in protecting their position.

Our approach is practical and focused. We combine legal expertise with input from valuers and land specialists, so that legal, financial and operational aspects are aligned. This ensures your position is clear, well-founded and enforceable.

Our expertise

  • Advising on statutory obligations to tolerate
  • Litigation relating to statutory obligations to tolerate
  • Assistance with applications and procedures

Who do we work for?

We work for network operators, utility companies, public authorities and other parties involved in projects where statutory obligations to tolerate play a role.

Track record

Recent cases Obligation to Tolerate

  • Assisting in a statutory obligation procedure for a wind farm
  • Advising and litigating on obligations to tolerate for the high-voltage grid
  • Advising on obligations to tolerate in the aviation sector
  • Advising on obligations to tolerate for (drinking) water infrastructure