Representation by National Highways Limited (National Highways Limited)
- Date submitted
- 15 November 2022
- Submitted by
- Other statutory consultees
National Highways objects to the Project for the following reasons. National Highways is a statutory undertaker and is appointed by the Secretary of State for Transport to operate and maintain the strategic road network (“SRN”) in England. The book of reference as submitted by the Applicant identifies 42 plots of land owned by or occupied by National Highways (“Plots”) in respect of which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the book of reference as being the creation and compulsory acquisition of new rights over land and the temporary possession of land (“Compulsory Powers”). National Highways understands that the Applicant proposes to route cabling and water pipes beneath the A47 raising a number of geotechnical concerns due to ground conditions. To safeguard National Highways’ interests and the safety and integrity of the SRN, National Highways objects to the inclusion of the Plots in the Order and to Compulsory Powers being granted in respect of them. The Plots constitute land acquired by National Highways for the purpose of its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. National Highways considers that there is no compelling case in the public interest for the Compulsory Powers and that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the Plots can be created without serious detriment to National Highways’ undertaking and no other land is available to National Highways to make good the detriment. National Highways also objects to all other compulsory powers in the Order that affect, and may be exercised in relation to, National Highways’ property and interests. In order for National Highways to be in a position to withdraw its objection, National Highways requires: (a) the inclusion of protective provisions in the Order for its benefit; and (b) agreements with the Applicant that regulate (i) the manner in which rights over the Plots are acquired and the relevant works are carried out including terms which protect National Highways’ statutory undertaking and agreement that compulsory acquisition powers will not be exercised in relation to such land; and (ii) the carrying out of works in the vicinity of the SRN to safeguard National Highways’ statutory undertaking. National Highways reserves the right to produce additional grounds of concern if further details of the impact to National Highways’ assets become available.