Decision Notice – Wayleave Agreement for Openreach

Ref: PCC/D/2025/22

EXECUTIVE SUMMARY  

Openreach have approached West Mercia PCC to enact a wayleave agreement in order for them to undertake ground works and insert cable ducting on West Mercia owned land in order to improve connectivity for a client in a neighbouring building. 

An existing Wayleave across the same area of land caused additional complications, meaning that there were a significant number of revisions of the location plan to make sure that the restrictions attached to the original wayleave were adhered to. 

The legal costs are to be covered, so that this is cost neutral as this wayleave does not benefit the OPCC but costs are paid for.

PROPOSAL

It is proposed that the PCC agrees to the wayleave, allowing for Openreach to undertake a soft dig and insert the duct with the cables and apparatus on PCC owned land. This would not impact upon the existing wayleave with Western Power Distribution.

APPROVAL OF

West MerciaPolice and Crime Commissioner 

I hereby approve the above proposal.

SUPPORTING REPORT 

Openreach have written to the PCC to request an enactment of a wayleave in order for them to provide their client with improved communication services. 

Openreach had surveyed the route from their telephone exchange to the customers premise(s) and has identified that they would need to access land owned by the PCC adjacent to a police building in Shropshire to provide the improved connectivity coverage, installing underground duct and cabling. 

The apparatus that Openreach wanted to install was – 

“1 JOINT CHAMBER/MANHOLE(s) WITH ALL ASSOCIATED WIRING AND

CABLES.APPROXIMATELY 25 METRE(s) OF UNDERGROUND DUCT AND CABLES 

A solicitor has been appointed to act on behalf of the PCC, and to liaise with Openreach to draw up the required wayleave agreement. 

A wayleave already exists across the parcel of land identified, with Western Power Distribution that had been present since March 2022. Due to the existing wayleave, discussions have been protracted to make sure that the terms of this agreement will be adhered to.

 

Payment 

Openreach have agreed that a one-off payment of £517.25 would be paid to the PCC as compensation for agreeing to the wayleave. 

Openreach’s maximum contribution towards the legal fees for this wayleave agreement was £750 + VAT and our maximum contribution towards the Surveyor’s fees for this wayleave agreement is £480 + VAT on receipt of signed consent and itemized invoice. Given the additional work required in relation to the wayleave that is already in place the solicitors costs have exceeded the amount that Openreach would pay.  The appointed solicitor has agreed to pay the difference to allow for this to be cost neutral and allow their client to get the duct and cabling.

 STRATEGIC CONSIDERATIONS 

This decision supports the following element(s) of the West Mercia Safer Communities Plan:

 

☐Cutting Crime                                       ☐Policing with the Community  
☐Supporting Victims & Survivors           ☒Maximising Resources & Value

 

The decision supports this/ these objective(s) through the following: 

·       Making sure that the resources are best used/allocated and to recover all costs from agreements like this wayleave.

BENEFITS AND THEIR REALISATION 

There are limited benefits to the PCC apart from a small cash contribution.  The key benefit is that of allowing a neighbouring unit a further wayleave over the landscaping space to allow their business full broadband connectivity.

AUTHOR 

Name              Ian Dennis                 Date 27th October 2025

FINANCIAL AND TREASURER COMMENTS 

Openreach are required to provide a compensation payment for the right to use the wayleave which is calculated on a formula basis. The compensation is a £517.25 

The legal costs to West Mercia in drafting the wayleave will be covered by Openreach and their client. 

Treasurer Date   31/10/25

LEGAL CONSIDERATIONS 

By virtue of schedule 11, paragraph 14 of the Police Reform and Social Responsibility Act 2011 the Police and Crime Commissioner may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of commissioner.  That includes entering into contracts and other agreements (whether legally binding or not) and acquiring and disposing of property (including land).

PUBLIC ACCESS TO INFORMATION 

Information in this form is subject to the Freedom of Information Act 2000 (FOI Act) and other legislation.  Part 1 of this form will be made available on theWest MerciaCommissioner’s website. Any facts and advice that should not be made automatically available on request are not included in Part 1 but instead in a separate Part 2 report.

OFFICER APPROVAL

Chief Executive Officer 

Date  5th November 2025