Representation by Legal & General Pensions Limited (Legal & General Pensions Limited)
- Date submitted
- 30 March 2021
- Submitted by
- Members of the public/businesses
We hereby submit a Relevant Representation on behalf of Legal & General Pensions Limited (“L&G”) with respect to the Application for Development Consent Order for The London Resort (hereafter: “the Proposed DCO”, ref. BC080001) and to register as an Interested Party. L&G and its interest in the Proposed DCO It is considered that it will be helpful to provide some background information on L&G and their interest in the Proposed DCO. As a major landowner and long term investor in the UK economy, L&G understand the benefits that big investment projects such as The London Resort can bring to communities and is therefore supportive of the principle, and hopeful that the application will be approved. However, our client has a responsibility to protect the value of the assets it owns on behalf of the millions of investors that entrust their savings and retirement to them. L&G is the landowner of the London Distribution Park, Windrush Road, Tilbury, RM18 7AN (“the site”/”the asset”), a multi-level warehouse and distribution facility with a total Gross Internal Area of approx. 2.2m sq ft employing c.3,000 people in total, which sits adjacent to the ‘Asda Roundabout’ on the A1089 (and ‘Work No. 21a’ of the Proposed DCO). For the avoidance of doubt, the Asda Roundabout forms the junction between the A1089 St Andrews Road / Dock Road, Windrush Road and Thurrock Park Way. The Proposed DCO, any associated changes to the traffic flow (along the A1089 and surrounding road network) resulting from the proposed works to the (new) Tilbury Ferry Terminal including parking for up to 2,500 vehicles (described in the Proposed DCO as “the Essex Project Site”), and required mitigation works to the Asda Roundabout have the potential to significantly affect the day-to-day operation of L&G’s current or future tenants. Our client therefore needs to ensure that the assessment of the highways and transport impact of the Proposed DCO, and with this the mitigation proposed, is thorough, robust and does not lead to adverse impacts on the road network that would make the operation of the asset harder for its current or future tenants, and has reviewed relevant documentation of the Proposed DCO under this aspect. Outline of Key (Material) Issues, Concerns & Recommendations As set out above, the site is an important contributor to the wider (logistics) functioning of the adjacent London Gateway Port as well as the local and national economy. Whilst it is acknowledged that there is no National Policy Statement (“NPS”) for business or commercial projects such as the Proposed DCO, the NPS for Ports (2012) describes ports, such as the London Gateway Port, as “an essential element in ensuring sustainable growth in the UK economy” (Para. 3.1.4) which require “unimpeded access” (Para. 1.1.2). It is therefore of utmost importance for the Applicant (and Examining Authority) to ensure that the port as well as any associated businesses, warehouses, logistics and employment facilities, such as the site, are fully protected against any potentially adverse impacts resulting from the Proposed DCO. Having reviewed the Proposed DCO and its supporting documents, our client wishes to reiterate that it is fully supportive of the principle of the proposed development, but would like to raise the following key issues, concerns and recommendations with regards to potential transport impacts on its asset and/or other Interested Parties with an interest/land holding in the area: Transport Assessment Data Sets • The number of different sources used increases the risk of data inconsistencies across the modelled network given the different dates of data collection and possible variations in counting techniques. • Further clarification is required as to whether the data sets used took into account the operational hours of the development close to the Asda Roundabout which operates significantly outside of the modelled peak hours as well as in the modelled peak hours. Transport assessment – Appropriate Methodologies • It is accepted that there was agreement in place to undertake the modelling approach, however it is unclear why Highways England did not request the use of their South-East Regional Transport Model (“SERTM”) or the Lower Thames Crossing (“LTC”) strategic model to assess the impact of The London Resort traffic and subsequent mitigation proposals on their managed highway network. Further clarification on this matter is required. • In addition, it is unclear why a microsimulation model was not requested for the A1089 corridor in Tilbury. Given the strategic importance of this corridor both to Highways England and Thurrock, a VISSIM microsimulation model would have provided a clearer picture of the impact of the Development traffic on the Tilbury highway network. No evidence has been found as to whether the Linsig model of the Asda Roundabout provides a reasonable reflection of the existing conditions at the junction. Impacts During Construction • Further evidence is required to understand the impacts on the Asda junction during construction. This is with particular regard to the shift patterns of 750 staff who will be accommodated at the vessel at Port of Tilbury whose journey may impact on the Asda Roundabout. Proposed Mitigation at the Asda Roundabout • It is noted that the proposed mitigation considers the combination of The London Resort and Tilbury 2 but still only offers a solution at full junction capacity. There is unreasonable reliance on the potential impact of the possible LTC scheme. It would typically be expected that the mitigation proposals are presented in more detail on a plan, with the location of the traffic signal stoplines and posts indicated along with measurements of widths of lanes etc. so that the modelling parameters used can be verified. • This level of detail has not been provided and it has therefore not been possible to check the mitigation proposals as part of Proposed DCO against the junction assessments. It is therefore recommended that a detailed plan of the proposals is provided. Order Limits • From the review of documents 2.2, 2.18 and 4.3, the Order Limits are set within the highway boundary for the Asda Roundabout (Thurrock Council and Highways England). This implies that no land is required outside of the Order Limits for any future improvements to the Asda Roundabout. However, if land is required for mitigation that is outside the Order Limits, the submitted information is unclear as to how this land will be obtained, and by whom. • Clarification is required of the extent to which the Order Limits affect the junction of Dock Road (A126) which provides a further access to the site. Clarification is also required of the extent to which the Order Limits affect the junction of Thurrock Park Way and the Asda Roundabout. Limits of Deviation • It is noted that in Article 5 of the Draft DCO (section 5b) in respect of any boundary between the areas of two numbered works may deviate laterally by 20 metres either side of the boundary shown on the works plans. It is necessary to clarify how these limits of deviation can apply to L&G land ownership with particular regard to the Asda Roundabout. Draft DCO Articles 12, 16 and 17 • We wish for it to be noted that we require amendments to the wordings in these particular articles. This would deal with the uncertainty surrounding the limits of deviation, the order limits and the production of the Construction Traffic Management Plan. Conclusion As set out above, although supportive of the principle of the Proposed DCO, our client seeks to ensure that all of its transport-related impacts are thoroughly assessed and robustly mitigated against. At present, it is considered that this element of the Proposed DCO is not fully resolved and L&G therefore urges the Examining Authority to consider the content of this Relevant Representation at Examination stage. A full Written Representation will be formally submitted when the Examination commences.