Representation by Mobius Recycling Group Limited (Mobius Recycling Group Limited)
- Date submitted
- 31 March 2021
- Submitted by
- Members of the public/businesses
We act on behalf of Mobius Recycling Group Limited (“Mobius”) in relation to The London Resort Development Consent Order (“the DCO”) which is being promoted by London Resort Company Holdings Limited (“the Company”) as part of the Company’s scheme involving the development of a global leisure and entertainment resort (“the Scheme”). We are aware that the Company’s application for the DCO submitted on 4 January 2021 has been accepted by the Secretary of State on 28 January 2021. Mobius is a registered leasehold proprietor of land that is proposed to be compulsorily acquired. We have set out below in summary Mobius’ formal representations in response to the DCO. Mobius is the registered proprietor of the following interests affected by the Scheme: • Leasehold land known as 15 Manor Way Business Park, Manor Way, Swanscombe DA10 0PP under Title Number TT13661 (“the Land”). The Land is currently operated for waste management and recycling purposes. At the outset of these representations, we wish to make clear that Mobius does not object to the principle of the Scheme and considers that the provision of the London Resort is likely to bring economic and social benefits. However, Mobius is concerned about the proposed permanent acquisition of the Land therefore makes these representations in respect of the DCO. 1. Procedural Issues Having regard to Part 1 of the Book of Reference to the DCO, the Land is comprised in Plot 211 of the DCO, as shown on the Plans that accompany the DCO (the “Plot”). Part 1 of the book of reference to the DCO confirms that the Company propose to permanently acquire the Plot for the purposes of the Scheme. It is notable that Mobius’ leasehold interest in the Land is not referred to within the book of reference, which would appear to have been erroneously omitted. The Planning Act 2008 (the “Act”) requires to the Company to comply with certain duties and obligations throughout the DCO process, including: (a) Under Section 42, a duty to consult with prescribed persons, including affected owners of land proposed to be acquired under the proposed DCO. (b) Under Section 56, to notify prescribed persons regarding acceptance of a DCO application as set out in Section 57. (c) Under Section 58, to certify compliance with Section 56 to the Secretary of State. (d) Under Section 59, to give notice to the Secretary of State specifying the names, and such other information as may be prescribed, of each affected person interested in land to which a compulsory acquisition request is made. Under Section 57(1), the categories of prescribed person falling within Category 1 includes a person that “…is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.” Further, the Company is required to comply with the Infrastructure Planning (Applications: Prescribed Form and Procedure) Regulations 2009 (the “2009 Regulations”), including in respect of the preparation of the book of reference and related documents. Pursuant to Regulation 7(a) of the 2009 Regulations, Part 1 of the book of reference must contain the names and addresses for service of each person within categories 1 and 2 as out in Section 57 of the Act, in respect of which any land is proposed to be subject to powers of compulsory acquisition (amongst other things). Mobius owns a leasehold interest in the Land comprised in the Plot and constitutes a person falling with Category 1 as prescribed by Section 57(1) of the Act. As a result, the Company was required to comply with Regulation 7 of the 2009 Regulations and include in Part 1 of the book of reference details of Mobius’ name and address in respect of the Plot. The omission to include Mobius in the book of reference is required to be addressed as part of the DCO application process to ensure that Mobius interest in the Land is properly taken into account as part of the proposed compulsory acquisition process. In conclusion, it is clear that the DCO gives rise to legitimate concerns, in particular the fact that Mobius’ interest in the Land has not been properly considered in the DCO application and has been erroneously omitted from the book of reference. This constitutes a failure by the Company to comply with the Act and Regulations and is required to be addressed as part of the examination and approval process. 2. Proposed Compulsory Acquisition Aside from the representations made above, the proposed acquisition of the Plot, together with other land comprised in other Plots included in the book of reference (including Plots 183, 184, 187, 209, 212 and 243), occupied by group companies of Mobius, being Crossways Recycling Limited and RTS Waste Management Limited each with an interest in the relevant plots above, will result in the permanent loss of land and premises that will require the affected parties to be full compensated as part of the compulsory acquisition process. Mobius, together with group companies Crossways and RTS, is concerned that the Company has failed to demonstrate that the use of the Plot is required for the Scheme. There is no evidence that the Company has considered alternative options that would not impact on the Plot or, if such options have been considered, the reasons why they have been rejected. The requirement for the Company to demonstrate that there is a compelling case in the public interest which justifies the acquisition of the relevant plots proposed to be permanently is required to be addressed as part of the DCO process. Mobius, Crossways and RTS welcome the full cooperation and early engagement of the Company as part of this process in order to mitigate the impact of the Scheme of each parties’ business and operations. We look forward to further engagement to seek to resolve matters.