One of the major freeholders on the Westlakes Science & Technology Park would like to bring onto our site their own dedicated IT connection. To do this it will entail:

1. The excavation of a trench through land owned by Westlakes.
2. The shared use of an IT duct which Westlakes has installed for the purpose of carrying fibre-optic cable around the Park.

Does anyone have any experience of what would be a fair wayleave to charge for the trench access and also a fair annual rental for shared access to the ducting which we have installed? I have indicated to the freeholder that the charges will be based on benchmarked examples. Any help much appreciated

 We allow free use but under licence. The rent that we gain from occupation is worth more than the fee for using the trench. But installation, use and removal must be controlled. Dr Malcolm Parry, Director, Surrey Research Park

Probably the quickest method of finding out a fair amount to charge is to refer to the wayleave agreements that the various utility companies use. A more creative way forward would be to charge them a token sum but allow the wayleave in return for the contractors fitting extra conduits for future Park usage. If you decide this ensure that the extra conduits are the Park's property and not subject to any maintenance or other costs from the initial provider. By providing extra conduits any other company wishing to access the site can make use of this route thereby reducing the impact on your landscaped areas. Be careful to take into consideration the European anti-competition Laws and the telecommunication act which will almost certainly result in the provider of the fibre winning the right to fit the fibre regardless of your wishes. Jim Coyle, Heriot-Watt University 

I've asked a couple of our IT tenants, as well as taken the advice of one of our board members, but I'm unable to come up with anything that is a 'market' figure. The norm appears to be a fair apportionment of the construction cost, either as a capital sum at construction stage or rentalised over the period of the access agreement. Aside from cost you should think about the conditions under which access to ducts is given. I suggest the following are considered:

1. Your own engineers inspect the installation on completion, ensuring no damage to your own cables and that all cables are clearly tagged at inspection chambers/drawpits.
2.  All access has to be with your consent.
3. Cables laid after the first installation are pulled through by your own contractors to minimise risk of damage to existing.
4. Make sure chambers/drawpits have lockable covers, access controlled by yourselves.

Not sure if I'm telling you things you already know, but this is the way we have been managing ducts. David McTear, Estates Manager, Manchester Science Park