Representation by Executors of D Bowerman (Executors of D Bowerman)
- Date submitted
- 6 November 2023
- Submitted by
- Members of the public/businesses
We act on behalf of the executors of D Bowerman, a claimant directly impacted by the cable route. We share the objections made on behalf of other landowners, namely: - We object to RWE seeking the ability to plant trees anywhere on the land. The ES states clearly this is a BNG liability and therefore credits should be purchased in the normal way, or rights acquired to land in the normal way. - We object to RWE seeking to impose costs on the landowner for clearing up any contamination found on the route. There is landfill on the cable route and it's unreasonable to suggest that this will be cleared up at the cost of the landowner. - We object to the total ban of all trees on the easement strip, and instead RWE should first specify the types of trees that might be compatible with the cable, and secondly to limit the size of diameter of all other trees. The definition of 'tree' is otherwise too wide and implies that an annual clearing of all saplings is necessary. - We are often required to grant rights and accesses to Network Rail, this has incldued (for example) the laying of temporay tracks so they can access the railway. RWE are trying to impose easement terms that mean the landowner will be unable to grant such accessed to Network Rail without first seeking the consent of RWE. This is unreasonable and RWE are imposing unfair terms that impact the surface of the land. - RWE are seeking permanant accesses but there easement terms do not reflect the ongoing use, control and maintenance of these accesses. - RWE have not shown the location of their proposed chambers. We therefore do not know whether these will be in disruptive locations. - The land will be severed in two, but RWE are attempting to limit their exposure to compensation to just the land that is broken up. The remaining land will become impossible to farm and the easement terms should not attempt to limit the claim for compensation to just those areas directly affected.