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Representation by Mr Clive Hay-Smith (Mr Clive Hay-Smith)

Date submitted
14 November 2022
Submitted by
Members of the public/businesses

PLEASE NOTE A FULL RELEVANT REPRESENTATION HAS BEEN EMAILED TO sadep@planninginspectorate.gov.uk ON 14 NOVEMBER 2022 AND WHAT FOLLOWS IS THE EXECUTIVE SUMMARY OF THAT RESPONSE. A. We act for Mr Clive Hay-Smith, Mr Paul Middleton and Priory Holdings Limited (“Our Clients”) in relation to the Sheringham and Dudgeon Extension Projects (“Projects”) for which development consent has been applied for by Equinor New Energy Limited (“Equinor”). B. Mr Clive Hay-Smith has interests affected by the Projects under title numbers NK259663 and NK274667 and Mr Paul Middleton has interests affected by the Projects under title numbers NK469059 and NK412600 (together referred to as “Our Clients’ Land”). C. Priory Holdings Limited carries on farming operations on the land owned by Mr Hay-Smith under title number NK274667 and these activities are operationally connected to Mr Middleton’s farming operations on the land owned by Mr Middleton under title numbers NK469059 and NK412600. These farming operations are carried out on 417 hectares of land around Weybourne. D. The Projects involve the taking of temporary access, the carrying out of construction works and the acquisition of rights in connection with land in which Our Clients have interests. E. Our Clients shall register individually as Interested Parties but it is their intention that they will act jointly where practical, in order to assist the Examination. This relevant representation has been prepared on that basis. F. Our Clients’ position may be summarised as follows and is explained in more detail in this relevant representation: a. Mr Hay-Smith and Mr Middleton have been issued with heads of terms for a proposed private agreement by Equinor’s representatives but discussions as to any such private arrangements for access or the acquisition of rights have not progressed. Neither Mr Hay-Smith nor Mr Middleton have entered into any agreement with Equinor. Our Clients would welcome further discussion with Equinor as to such private arrangements provided these take into account Our Clients’ concerns with the Project as summarised below. b. Our Clients fully support the expansion of the UK’s offshore wind farm infrastructure as being in the country’s long-term strategic and environmental interests. Our Clients do not have an in-principle objection to off-shore wind farms. c. However, based on the information before the Examination at present Our Clients have a number of particular concerns relating to the approach that Equinor appear to be taking with regard to the construction and the operation of the onshore cable runs associated with the Project. It appears to Our Clients that the Project is likely to have a severe impact on Our Clients’ farming operations on Our Clients’ Land for a number of years and also any wider aspirations Our Clients have for this land. d. In particular Our Clients consider that the potential length of the construction phase for the Projects and the potential for the Projects’ stated construction access requirements to remove the ability of Our Clients’ farming operations to access critical parts of Our Clients’ farm could effectively prevent Our Clients’ farming operations from being carried on for a number of years and affect the future viability of these operations too. e. The blight of uncertainty around the timing and long-term impact of the Projects directly impacts on Our Clients’ joint and several ability to undertake succession planning and diversification including the sale or tenancy of their respective farming enterprises. f. We also consider that at this stage insufficient detail has been provided in terms of the rights that the Projects would acquire from the land owned by Mr Hay-Smith and Mr Middleton or the operation of the proposed accesses to the Project for Our Clients to fully understand the impact of the Project on them and their interests. g. Our Clients’ are also concerned as to how the proposed impacts on the future use of Our Clients’ Land for farming activities is to be protected during the operational phase and after the decommissioning of the Projects. This concern arises from ongoing drainage and irrigation issues that Our Clients have experienced on Our Clients’ Land following works which were commissioned by Equinor (then known as Statoil) to construct the original Sheringham Shoal Offshore (SCIRA) Wind Farm in 2009/10.

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