Representation by Justin and Emma Dowley (Justin and Emma Dowley)
- Date submitted
- 30 September 2020
- Submitted by
- Members of the public/businesses
Our client's concerns are outlined in the ‘Outline Representations’ detailed below prepared by NFU and LIG. Our client may decide it is necessary to appoint a barrister and experts to act on their behalf to expand on the below points as well as; • Clear facts as to why the ‘Road D2’ option was not taken forward. • What mitigation and enhancement measures are to be adopted to protect the ecological and historical environment along the route? These experts will include; Highways consultant Ecological consultant Heritage consultant IN THE MATTER OF AN APPLICATION FOR A DEVELOPMENT CONSENT ORDER AND IN THE MATTER OF THE SIZEWELL C PROJECT BY SZC AND IN THE MATTER OF THE NATIONAL FARMERS UNION AND THE LAND INTEREST GROUP ______________________________ OUTLINE REPRESENTATIONS ______________________________ 1 Introduction 1.1 These are the Outline Representations of the National Farmers Union (“NFU”) and the agents (agents acting for NFU members and their clients on this project) to the application for a Development Consent Order by NNB Nuclear Generation (SZC) Limited identified as the Sizewell C Project. The agents representing the landowners/occupiers are Savills, Clarke & Simpson, and Strutt & Parker (henceforth known as the Land Interest Group (LIG)). 1.2 The objectives of the NFU are to champion farming in England and Wales and to provide professional representation and service to its members. 1.3 The matters raised in these Outline Representations are matters not only of concern to the farming owners of agricultural land affected by this DCO, but also of concern to, and raise points of principle that will affect, members of the NFU having farm holdings that may be affected by similar infrastructure schemes. 2. Consultation and Engagement 2.1 One to one meetings have been held with Dalcour Maclaren (DM) who are the acting agents for the Applicant but they have been limited and the detail required by landowners has not been available or forthcoming. It is only since the end of August 2020 that DM have taken on board that meetings need to be held with the relevant experts who have full knowledge of the project. Due to the lack of specific information and detailed plans of the proposed new road that will directly affect landowners it has not been possible to discuss all aspects of the scheme. 2.2 LIG has asked for a relevant project manager from SZC to be present at meetings but DM is informing clients and members that this is not necessary. 3. Compulsory Acquisition and Compelling Case Requirement 3.1 The DCO will contain powers to acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate, or is incidental to it. 3.2 Further, the guidance as to negotiations either before or parallel with formal processes may well give rise to a "legitimate expectation" that such will occur, and a failure to conduct such negotiations deprives landowners of the benefit that negotiations may have brought, especially in relation to where different locations and lesser rights might have been achieved. 3.3 Voluntary heads of terms were sent out in December 2019 and two meetings have been held with LIG and DM to discuss the heads of terms. The agents acting have raised issues over the lack of detail within the heads of terms and have requested further information. 3.3 LIG believes that no meaningful negotiations have taken place alongside the formal procedures for compulsory purchase. Therefore a compelling case cannot be made. 4. Funding 4.1 NFU and LIG do not understand how the project is to be funded and further information on this has been requested but as yet no clarification has been forthcoming from either DM or SZC. 5. The Link Road 5.1 LIG on behalf of their clients have requested further information on the necessity of the road and details on the road design which has not been forthcoming, in particular in regard to the following: • It is understood that the link road will not be completed and available to use until over two years in to the project. By this time the majority of the large machines to be used for the construction of the power station will already be in situ, whereby access will have been obtained through the existing road network. Further justification for the link road is required? • The suitability of the road junctions on/off the new SLR. • Concerns have been raised that ‘rat runs’ may be created where the new road links into local road network in particular to some of the local minor roads which are very narrow. It is believed that the link to the B1125 will encourage a rat run through Westleton and Middleton. • Potential impacts on road safety at peak times of shift change and HGV movements early/mid/late in the working day. • The suitability of the configuration of the junction onto Fordley Road. Further, on the current plans, Pretty Road and Moat Road are cut off. • What mitigation landscaping is to be carried out to mitigate the noise, and light pollution created by the new SLR? • What is the legacy for the link road post construction? 6. Access to Land 6.1 NFU and LIG would like further information on the access points which are to be provided to enable access to land which is severed by the new SLR. The plans submitted with the DCO do show access points (i.e. cattle gates) in to retained land but as yet no discussions have taken place with landowners in regard to the location of suitable access points. 7. Habitat Mitigation 7.1 LIG were surprised when clients received a letter on the 11th September 2020 informing them that they were the owners of land that had been identified at Westleton for additional habitat mitigation. It is understood that this land has been identified as land that might be needed to meet the requirement for the Marsh Harrier Habitat to mitigate against the loss of foraging habitat on the Sizewell Marshes SSSI. The loss is due to the temporary construction compound site that will be built on the main development site. 7.2 There are further sites which have been identified for habitat mitigation and the landowners were also not aware of these sites until the DCO was submitted at the end of May 2020. 7.3 The NFU and LIG believe that consultation should have been carried out with the landowners at a much earlier stage in regard to these additional habitat areas and would like to receive further information as to why these additional habitat areas now may needed. 8. Green Rail Route 8.1 LIG requires further information as to the land that is to be taken to build the ‘Green Rail Route’ and whether this land take will be permanent or temporary. Detailed information has not been forthcoming to the agents acting. 9. Construction Compound Sites 9.1 SZC on plans submitted under the DCO has identified some large areas of land to be taken for construction compound sites. The NFU and LIG would like to see the detail of use for each compound site being detailed in the DCO particularly within Schedule 17. At the present time it is stated that the areas will be used as a construction compound associated to work no. XX. We require further detail on exactly what works may take place and what type of storage. This should be explicitly detailed for each compound. 10. Balance Ponds 10.1 The NFU and LIG would like information to be provided to explain why the size and location of balance ponds are required and where these are to be located. Further relocation next to field boundaries would help minimise the impact on the farm land in question. 11. Creation of Public Rights of Way 11.1 The NFU and LIG believes strongly that the powers that SZC are granted to carry out this project should not include powers to create new public rights of way (PRoW) including the creation of cycle tracks and bridleways. Under this proposed scheme new public rights of way are proposed. 11.2. These proposed new public rights of way will take further land out of agricultural production. The Applicant should not be authorised to acquire more land than is needed for the highway scheme itself. 11.3 The Applicant must agree any temporary diversions of PRoW in conjunction with the landowner. 12.0 Waste and Spoil 12.1 The NFU and LIG would like information to be provided to explain how waste and spoil is to be treated. In particular on the field adjacent to Therberton House which is Grade 2 listed building with historic parkland which has been identified for borrow pits. No detail has been provided about the type of works, reinstatement or use post construction. 13. Private Water Supply 13.1 It is imperative that these farms are guaranteed a permanent water supply to replace their private borehole and well supplies if they are contaminated or supply is affected in anyway during the construction of the project or after construction. 13.2 No information has been found within the Code of Construction on how water supplies if contaminated or cut off on a temporary or permanent basis will be reinstated as part of the DCO application. SZC need to address this issue and agree to general terms of how water supplies should be treated. 14.0 Field Drainage 14.1 Land drainage is always one of the main issues which landowners are concerned about when land is taken for construction purposes of major infrastructure. To date no detail has been provided by SZC on how it will treat field drainage during construction and carry out reinstatement post construction. This is particularly important were land will be returned to agricultural use. 14.2 No information has been found within the Code of Construction on how field drainage will be reinstated as part of the DCO application. SZC need to address this issue and agree to general terms of how field drainage should be treated. 15. Soils 15.1 As above the treatment, reinstatement and aftercare of soil during and after construction is another main issue of concern. Limited detail on treatment during the works is provided in the Code of Construction in the Agriculture and Soils. The NFU and LIG would like wording to be included to cover soil reinstatement, aftercare and the existing soil structure. It is stated that there will be a Soil Resources Plan and it is the intention to create and maintain a register of land condition. The NFU would like to see a record of condition and soil statement with detailed wording as to what needs to be included within these agreed and set out in the CoCP. 15.2 Further information needs to be agreed with SZC as to what measures will be put in place to bring the soil back to its condition and quality before the works took place. A soil statement will need to be set up of the soil condition pre construction for each farm. An aftercare plan should be included in the CoCP. 16. Flood Issues 16.1 No details have been provided to landowners and occupiers on how any increase in surface run off of water from the new road, the haul road or the construction compounds will be dealt with during construction. Therefore there is concern that retained land may flood during the construction works. 17. Dust/Irrigation 17.1 It is noted that within the CoCP that dust will be controlled during construction but clarification is needed on how dust will be controlled during construction to protect arable crops. The project will impact a vast quantity of high value vegetable and irrigatable crops that are grown in this area, quality of the crop is paramount. NFU and LIG require detail on the measurements to be put in place to ensure crops can continue to be irrigated. 18. Agricultural Liaison officer 18.1 There is no mention of how liaison will take place with landowners and their agents during construction within the CoCP. The NFU and LIG would like to see that the main works contractors will have to employ an agricultural liaison officer to carry out liaison with landowners. The role of the ALO should be stated in the CoCP. 19.0 Request to Attend Hearings and make Representations 19.1 The NFU does intend to lodge a full Written Representation in due course and request to make oral representations at the issue specific, draft DCO and compulsory acquisition hearings which may be held. 19.2 The NFU and the agents represent 25 members and clients who own or lease land affected by the DCO. A full list of names and addresses are available if requested. The members and clients have not been listed on this representation due to data protection. Each landowner or occupier has submitted an outline representation highlighting specific issues to the individual business, if appropriate, and has made reference to this outline representation which highlights the main issues of all landowners concerned. [Redacted]